Scottsdale QDRO Attorney

Arizona QDRO Lawyer and Family Qualified Domestic Relations Order Sean Whitaker

Determining how to split your retirement assets during a divorce can be challenging and costly, if not done properly. Protect your retirement savings with an expert QDRO attorney in Scottsdale AZ. Contact us today for a consultation for our Flat Fee QDRO Scottsdale AZ Attorney rates.

Find Out if a QDRO Is Right For You

When getting a divorce in Scottsdale AZ, one difficulty that many couples face is how to divide retirement savings accounts. Retirement accounts pose unique challenges as retirement accounts are complex and subject to certain rules and regulations, and you will need the approval of the plan's administrator to proceed. In many cases, only one partner may have contributed to specific accounts, but during a divorce, both parties may be entitled to part of those accounts. This can make the process contentious and delay the settlement process.

However, our QDRO attorney expert in Scottsdale AZ can help you reach an agreement and distribute these funds per that agreement. We can help you draft and create a QDRO that is compliant with all state and federal laws and agreeable to both parties to facilitate a smoother process. If you are ready to finalize your divorce but need to negotiate your retirement savings, contact us today for a consultation.

What Happens to Retirement Accounts in Divorce in Scottsdale AZ?

Scottsdale AZ is a community property state, meaning all assets you have acquired during your marriage are supposed to be split 50/50. However, this can be complicated when determining how to split your retirement accounts, pension plans, and 401 (k)s. Some of the money in these accounts may not be considered community property and, therefore, may not be subject to being split 50/50. You will also need to determine how to best roll these funds over to avoid excessive taxation. In order to divide these accounts, you or your ex-partner may decide to file a QDRO or a qualified domestic relations order.

What Is a QDRO?

A QDRO is a legal order that can determine how to split retirement accounts, pension plans, 401 (k)s, and other related accounts. This document allows your plan's administrator to make the changes in your accounts, and it gives you and your ex-spouse a legally-binding agreement to distribute the funds as per the order. In Scottsdale AZ, QDRO can also be used to pay for spousal support, child support, attorney's fees, and other settlements from the other party's retirement savings accounts.

How Does a QDRO Work?

You or your ex will need to submit your QDRO to a judge, who will determine whether or not to approve it. If they approve it, one party will become the "payee," and one party will become the "payor." The payor is typically the plan participant. In many cases, the payee is the other spouse, but the payee can also be a dependent or child of the divorcing couple. The payee may receive up to 50% of any account covered in the order, regardless of whether or not both parties contributed. They may receive the money in the form of a new retirement account, or you may deposit it into an existing account. This paying party may also use some of the money to cover other expenses per the order. A QDRO can also include survivor's benefits if the paying spouse passes away.

Why Do You Need a QDRO?

Your QDRO is there to protect you and your former spouse and serves several purposes. These purposes include:

What Is Considered Community Property in a Retirement Account?

Everything that a couple earns during their marriage is considered community property, even if one party didn't work or was a student. This includes the money you and your former partner contributed to your retirement accounts. However, because these retirement accounts include pensions, money invested before the marriage, interest on the money, and even Social Security survivor benefits, it can be incredibly complicated to determine how to split your accounts. A couple may even decide not to split their assets 50/50, making it even more challenging to determine how you should divide these assets.

When Do You Need a QDRO?

A QDRO is an excellent way to agree upon the divisions of retirement assets, and it gives your plan's administrator the ability to make those changes and distributions. While it is not legally required, it protects your rights. It also helps you and your ex-spouse agree on a settlement. While you might not need one if you don't have significant retirement assets, it is always a good idea to consult a lawyer to determine if it makes sense for your situation.

What Types of Retirement Accounts Can You Use a QDRO For?

When it comes to retirement planning, you might be thinking of traditional assets like pensions, 401(k)s, and other financial vehicles. However, you or your spouse may also be entitled to a portion of a person's federal, state, and military benefits. Continue reading to learn more.

Retirement Accounts

Retirement accounts can include employee plans like 401 (k)s, 403 (k)s, and other investments. It can also include your IRA accounts. Certain tax considerations exist for each type of account, so you'll want to consider that when drafting your QDRO with a lawyer.

Pensions Plans

Pension plans are also subject to QDROs. Additionally, if you do not address this issue in your divorce, your former spouse may be able to request a portion of your pension years after the divorce.

Military Pensions

There are specific requirements that your marriage must meet in order for a payee to receive a portion of the plan participant's military pension. The couple must have been married for ten years, and the plan participant must have ten years of qualifying military service. If the plan participant meets these requirements, the payee may receive up to 50% of the plan participant's disposable military retired pay.

What About Social Security Benefits?

Your social security benefits are not considered community property in a divorce and are not subject to division. While they may be used to calculate child and spousal support and can be garnished, they aren't subject to a QDRO. However, you or your ex-spouse may be entitled to a portion of the other party's Social Security survivor's benefits, as long as they meet certain conditions.

Do I Need an Attorney for a QDRO

Many financial institutions require a lawyer for QDRO preparation in Scottsdale AZ. However, even if yours doesn't, it is always best to work with an experienced lawyer to ensure that you have considered all your options. If you are the payee, you'll want to ensure that the order includes everything you may be entitled to. If you are the party paying, you will want to protect your rights. Additionally, all QDROs must comply with federal and state regulations to be valid. Using a trusted QDRO lawyer in Scottsdale AZ is the best way to ensure that a judge can approve your QDRO.

What Our QDRO Lawyers Offer

Because QDROs deal with retirement accounts, there is additional complexity to dividing these accounts. Many retirement accounts feature certain restrictions, and failure to correctly divide them can result in fines and penalties. At Genesis Family Law and Divorce Lawyers, our experienced family and divorce lawyers can help:

If you want to learn more about how a QDRO works or if you need one for your case, contact us today for your consultation.

How the QDRO Preparation Process Works in Scottsdale AZ

Step 1: Initial Consultation

We'll take an in-depth look at your retirement accounts and assets to determine if you would benefit from a QDRO. If we decide this is the right choice, we'll begin drafting it for you.

Step 2: Submitting Your QDRO to the Financial Plan's Administrator

Once it is complete, we must submit it to the financial plan's administrator. If they approve the order, we can submit it to a judge.

Step 3: Presenting Your QDRO to a Judge

Your judge has the final say as to whether or not to approve the order. If you are the plan participant, not the payee, we can help defend your position if the QDRO is unreasonable.

Step 4: Distribution of Assets

Once a judge approves the QDRO, it becomes a part of your final divorce, and the funds are allocated to the appropriate channels. Contact us today to get started if you need assistance with QDRO preparation or a family lawyer.

Why Choose Genesis Family Law and Divorce Lawyers?

At Genesis Family Law and Divorce Lawyers, we have more than 20 years of experience helping families in Scottsdale AZ navigate complex legal issues and get the best outcomes for their families. Our highly-trained team of Child Custody Attorneys in Scottsdale handles all areas of family law, including divorce, child custody, paternity, spousal support, and other family-related issues. See why our clients choose us for expert legal representation in Child Custody matters.

Flat-Fee QDRO Preparation

When it comes to getting a divorce, the process can be both emotionally and financially draining, but we are here to help make the process a bit easier. We offer flat-fee QDRO preparation so you can anticipate the costs and adjust as needed.

We Fight for You

When handling a divorce, especially with children involved, we are mindful that we are negotiating between two parties that may need to remain in contact. That is why we always strive for civility and a fair resolution. However, we will fight for our clients to protect your rights if required.

Exceptional Service

Divorce is complicated, and dividing retirement accounts can be even more so, but we are here to help you navigate the entire process. We offer prompt communication and will answer all your questions to ensure that you understand everything we do on your behalf. We want you to be comfortable with the outcome. Contact us today to get started if you are ready to create your QDRO.

How Much Does It Cost to Prepare a QDRO in Scottsdale AZ?

At Genesis Family Law and Divorce Lawyers, we offer one flat, affordable fee for your QDRO, making it easy for you to budget for this service. Hiring a QDRO attorney in Scottsdale AZ can help save you thousands further down the line, making it a smart choice for those in the process of divorce. Contact us today for pricing information.

Frequently Asked Questions

As the Payee, Will I Owe Taxes on Any Money I Receive?

It is always a good idea to consult with an accountant before you make any changes to your retirement accounts, as specific accounts, such as IRAs, can significantly impact your taxes. However, in most cases, if you are rolling the funds into a new retirement account, you should pay minimal taxes, if any.

Who Is Responsible for Paying for the QDRO?

This is something that you and your former spouse can decide, as there is no federal regulation that makes one party responsible.

How Is the Payee's Share Calculated?

This will depend on the type of account you have, how long you have had it, and how long you have had it during your marriage. The money in your retirement accounts will be only community property if you earned it while married.

When Should I Get a QDRO?

It is always best to get your QDRO done as early as possible as it needs to be approved by several parties, including your plan's administrator and a judge. This process can take several months and, occasionally, several years. Getting it done early is the best way to avoid any delays.

Request a Consultation With a QDRO Attorney in Scottsdale AZ Today

If you are in the process of divorce and need a QDRO to divide your retirement accounts or haven't even hired a divorce lawyer in Scottsdale AZ, we are here to help. Contact us today to schedule your consultation.

QDRO Video Q&A's

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Need a QDRO Attorney in Scottsdale?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Father's Rights Attorney

AZ divorce lawyer Ryan claridge
Ryan Claridge, Fathers Rights Attorney in Scottsdale AZ

It's no secret that many believe the Arizona family court system to be biased against fathers. Understanding where this bias is derived is important. In the past society including the Arizona family court system, held the belief that dads were less interested in parenting their children than moms and that fathers are less capable of caring for their children the mothers. Not only is this not true it is just unfair, and holding such a belief can be harmful to kids, who need both parents involved in their lives.

Because of this Genesis Family Law and Divorce Lawyers has Scottsdale child custody lawyers that specialize in Father's Rights in Scottsdale AZ. Because we specialize in fathers' rights during the child custody portion of a divorce in Scottsdale, we understand the unique position that dads can find themselves in. We have been fighting hard to level the playing field to make sure dads have a voice. While our fathers' rights attorneys in Scottsdale AZ focus on all family law matters, they can all help men and fathers through the difficult situation that may arise when their family dynamics change.

If you are a man, father, or unmarried father with children in Scottsdale AZ, going through a legal separation, divorce, or a child custody battle, you need an attorney that knows and understands how the law in Arizona applies equally to mothers as it does to fathers. Gender should not be an item that is considered when deciding on child custody. Our Father's Rights Attorney in Scottsdale AZ understands the unique challenge that dads face.

Please know that will work hard, and fight for every father's rights to be with his children. We work tirelessly to protect your rights and interests every step of the way. With our help, you can rest assured knowing that we will do everything in our power so that you will soon have equal parenting time as the mother of your children does. Call our team today and schedule a time to meet with one of our expert Father's Rights Lawyers in Scottsdale AZ today!

Need a Father's Rights Lawyer in Scottsdale AZ?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Retirement Plan Division Lawyer

Retirement plans are subject to division through equitable distribution, just as any other marital asset would be. All assets and debts will be divided; bank accounts, time-shares, retirement accounts and even frequent flier miles are subject to distribution. A qualified Scottsdale AZ family law attorney can help you make sure you get everything you are entitled to.

The first step in dividing a retirement account is to determine how much of the plan is marital property, and thus subject to distribution. Depending on the circumstances, all or a portion of any given retirement plan could be considered separate property. For instance, if the retirement was earned prior to the marriage, it would be considered separate property and therefore not subject to distribution.

After it has been determined that some portion of the plan is marital, the plan will have to be valued. This is easier for some accounts than others. An IRA is easy to value; simply look at the balance on the date of separation. Other accounts, such as non-vested pensions, or a defined benefit plan prove more difficult to value. In more complicated situations valuation may require hiring an expert, like a CPA, to analyze the numbers and come up with a value.

Distribution is the final step – and can also prove tricky when it comes to retirement accounts. Depending on the type of plan you are dividing, there will be certain rules you must follow to avoid taking a tax hit when you divide the account. IRA’s are fairly straightforward, you’ll need to make sure the transaction is structured as a transfer or rollover so that you can avoid the early withdrawal tax. Other plans, may require the use of a Qualified Domestic Relations Order (or QDRO) or other similar vehicle to divide the plan without experiencing a tax penalty.

There are unique rules for each retirement plan, so make sure you know how to divide your retirement plan without triggering a tax event.

Need a Retirement Plan Division Lawyer in Scottsdale?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Taxes and Divorce Attorney

It’s tax season — that time of year when millions of Americans struggle through the endless paperwork, stress and strife of preparing tax returns. For those who are contemplating, in the midst of, or just out of a divorce in Scottsdale AZ, the difficulties of tax season pose an even greater challenge. The stakes are high and the penalties for mistakes are severe, making it critical that you avoid the traps and missteps that plague the world of tax and divorce.

With that in mind, and before you file your return, here are Four Things You Must Know About Divorce and Taxes:

4 Essentials About Divorce and Taxes

1. The Key Difference Between Alimony and Child Support
Alimony (support paid from one spouse to another for the benefit of the receiving spouse), is different from child support (support paid from one spouse to another for the benefit of the child) in several ways, one of which is critical in tax season: alimony is tax deductible by the payer and child support is not.

Similarly, alimony is taxable income to the receiving spouse, while child support is not. When negotiating a divorce settlement, people sometimes (mistakenly) believe that alimony and child support dollars are equivalent, but their disparate tax treatment means they could not be more different.

2. The Tax Impact of Dividing Property
Thanks to §1041 of the Internal Revenue Code, the division of property in a divorce is not a taxable event. There is, however, a potentially huge tax impact hidden within: tax basis. Tax basis is, simply put, the price used to determine the capital gains tax when property is sold (usually the purchase price). While some property (such as cash) carries no capital gain when sold and other property (such as a residence owned by the taxpayer) has an exemption from capital gain up to a given dollar amount, many forms of investment will be hit with a capital gains tax when sold.

So, in a divorce settlement $250,000 worth of Apple stock is not worth the same as a $250,000 marital residence because the stock will be subject to capital gains tax when sold while the residence will not.

3. Understanding Your Filing Status
There are different filing statuses available (depending on certain factors) for those going through divorce: single, married, or head of household. Different statuses (as well as the decision whether to file jointly or separately with a spouse) may yield significantly different tax liabilities.

It is difficult to predict the precise impact of the different filing statuses and options without actually preparing multiple versions of a single year tax return to see which is most advantageous. While preparing multiple versions is an onerous task, it is also an investment of time which may yield hundreds or even thousands of dollars in tax savings.

4. Which of Your Divorce Attorney’s Fees Are Tax Deductible
Unfortunately, most of the fees paid to a divorce attorney are not tax deductible. There is, though, one loophole: §212 of the Internal Revenue Code allows that fees paid to a divorce attorney in the production or collection of gross income are tax deductible. While probably not all, or even most, of the fees you’ve paid will qualify under for this deduction, a knowledgeable divorce attorney in Scottsdale AZ will help you make sure you receive credit for every tax-deductible dollar you have paid.

Scottsdale AZ Property Division & Taxes

In Scottsdale AZ, upon the dissolution of a marriage, all marital property will have to be divided amongst the spouses. The dividing of most assets will not trigger a tax event; the IRS has created a rule allowing for any spouse-to-spouse transfer that takes place incident to divorce to be tax-free. Thus, a lump sum payout from a checking or savings account can be transferred with no tax implications. Vehicles, jewelry, and other personal property can also be transferred tax-free.

Some marital assets, however, automatically trigger tax consequences that can be costly if not handled property. For instance, retirement accounts are specifically designed so that early withdrawals result in a major tax hit. So regardless of the IRS rule about tax-free transfers incident to divorce, if a divorcing spouse withdraws funds from a retirement account to give to his former spouse, he will inevitably face tax consequences.

Retirement accounts need to be handled delicately. In order to avoid tax penalties when transferring an IRA, the spouses must follow the procedure to transfer or rollover the funds to another retirement plan in order to avoid a tax issue. Other retirement accounts are more complicated and require additional steps in order to be tax-free. For qualified employer accounts such as a 401K or a pension, the spouses must obtain a Qualified Domestic Relations Order to ensure the transfer is tax-free.

The transfer of stock options can also be tricky; the IRS treats statutory stock options different from non-statutory stock options. The latter option will result in a capital gain when exercised, while the former will not. Sometimes parties will simply agree to a monetary value that the options will be worth once exercisable, and the non-owning spouse will receive that amount as a lump sum from the other spouse. Another option is to include a provision in the separation agreement or court order expressing that the employee-spouse who owns the options will hold them on behalf of the other spouse until they are exercisable.

Selling the marital residence incident to divorce can also create tax issues. Depending on the circumstances, the parties may be hit with capital gains taxes.

The bottom line is that spouses should be aware that splitting assets can be complicated and costly if not done correctly. In order to make sure neither spouse takes a tax hit, both spouses should consider the tax consequences of any transfer and consult a professional if there are any concerns.

Children and Taxes After a Divorce in Scottsdale AZ

Unlike alimony payments in Scottsdale Arizona, child support payments are never taxable nor deductible. There are, however, several other tax implications that take effect upon separation that deal with children. Arguably the most important child related tax consideration is the dependency exemption.

The exemption, similar to a tax deduction in operation, reduces a person’s taxable income by a set amount. Parents can either agree who is entitled to take this exemption, or the IRS rules will allow the custodial parent to take the exemption. The custodial parent is the parent who has custody for a greater portion of the calendar year. Whichever parent claims the dependency exemption is also entitled to claim the child tax credit. The tax credit allows a parent to reduce federal income tax by as much as $1,000 per child. The amount of the credit is dependent on the applicable modified adjusted gross income.

For Scottsdale AZ married couples filing separate returns, the amount of the credit begins to decrease (or phase out) if your income is $55,000, and for divorced parents the threshold is $75,000. The only parent who may claim this tax credit is the parent who also claims the dependency exemption; the two cannot be split. Not all child-related tax credits are tied to the dependency exemption. For instance, the child and dependent care credit, which gives a parent credit for child for a portion of childcare expenses, is not tied to the dependency exemption.

There is also a medical expense deduction applicable to parents who contribute more than 7.5% of their income to their child’s medical expenses, which is not tied to the dependency exemption. A parent may claim either of these, if certain requirements are met, even if they do not claim the child as a dependent.

Alimony and Taxes in Scottsdale Arizona

Alimony is money paid by one spouse to the other spouse, after separation, in order to provide the receiving spouse with support. Alimony is also sometimes referred to as spousal support, financial support, subsistence, upkeep or maintenance. Regardless of which term is used in your court order or separation agreement, the same tax implications will apply.

Alimony is taxable to the spouse who receives the payments. He or she will have to report the alimony payments as earned income, and will be taxed on this money just as if it were a salary or wages. Alternatively, the paying spouse can claim a deduction on alimony payments, so long as certain requirements mandated by the IRS are met.

Should the spouses determine that it is preferable in their situation to avoid the taxable/deductible nature of alimony payments, they may do so by including a provision that states exactly that. For instance, the spouses can simply assert in a separation agreement that the alimony payments are neither taxable nor deductible, and by doing so they are able to avoid the tax implications that would otherwise apply.

There are further rules set forth by the IRS regarding alimony payments in Scottsdale AZ. For instance if alimony is front-loaded for the first year or two, the paying spouse may be penalized under the alimony recapture rule. Additionally, the IRS has imposed special rules regarding how to treat alimony payments if they are being attributed to pay the mortgage on the marital residence, and there are other considerations regarding alimony trusts.

Need a Divorce and Tax Attorney in Scottsdale AZ?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Legal Separation Lawyer

Best Divorce Lawyer and Top Family Law Attorney in Scottsdale AZ

As Legal Separation Lawyers in Scottsdale AZ, we know that divorce is not a quick or easy decision.  Some couples need time to work through problems or make the best decision for themselves and for their children.  In a legal separation, spouses are still married to each other, but typically live separately and lead separate lives.  It is not as permanent as divorce.  If the spouses reconcile, they can file a motion with the court to overturn the original order of separation.

There are several reasons why couples opt for legal separation instead of divorce.  Couples may want to try legal separation as a trial run for divorce or they may want to stay married for the medical or insurance benefits.  Social or religious beliefs may also be a reason for legal separation instead of divorce.  Whatever the reason, if one spouse has been a resident of Arizona for at least 90 days, a petition for legal separation can be filed.

Even though a legal separation is not as permanent as a divorce, it can still be an emotional and stressful time.  Consulting an experienced Legal Separation Attorney at Genesis Family Law and Divorce Lawyers is regarding legal separation for advice is always in your best interest.

Contact the Best Legal Separation Attorneys in Scottsdale AZ

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Parenting Plan Lawyer

If you have children and are considering hiring a divorce lawyer or filing for legal separation, choosing to cooperate with your spouse in raising your children is one of the best and most important decisions you will make. A parenting plan is a legal document that outlines parents’ agreements about how they will raise their children after divorce or separation.  It addresses parenting arrangements and should always reflect the best interests of your children.

What is a Parenting Plan Attorney in Scottsdale AZ?

It’s a lot to consider, and it’s important that no matter the relationship you have with the other parent, you always put the needs and happiness of your children first.  This may be challenging to parents because strong feelings between divorcing or separating spouses are customary. Ideally, your parenting plan should be the result of both parents communicating together about what is best for their children.  If you and your spouse are unable to agree on the terms of your parenting plan, the court will impose them.

Communicating About Your Parenting Plan

A good piece of advice when communicating about your parenting plan is to treat the relationship with the other parent as a business partnership.  Focus on the “business” of raising your children and what is best for them and not on past or present conflicts between the two of you.  If conflicts arise while discussing matters applying to your children, try to prioritize your children’s needs and what would be best for them. If conflicts arise in conversation and do not apply to your children, consider applying the phrase “agree to disagree” and move on to topics involving your children.

Why A Good Parenting Plan Matters

A good parenting plan ensures the best possible scenario for everyone involved. It sets out clear guidelines and expectations for how you will co-parent, thus easing cooperation and reducing conflict.  It also creates a sense of routine, predictability, and consistency during a time of extreme change and stress for your children.  By having an agreed-upon plan, children will know what to expect during this time of transition and are more capable of adapting to new patterns of day-to-day life.

What Should I Include in my Parenting Plan?

There are several things to consider and include in your parenting plan.  The following list gives a general overview of areas you should consider when creating your parenting plan.

A parenting plan is most helpful when it is detailed to your situation but is also realistic and flexible.  When creating your parenting plan, take into consideration how well you communicate and negotiate with your spouse.  Also consider that as future circumstances change, your ability to communicate effectively with the other parent may change as well.  New relationships, time, new circumstances as your children age, etc. can affect your communication.

Child Custody: Legal and Physical

There are two types of child custody, legal and physical.  Parents in Scottsdale Arizona usually have joint custody, or, if one parent is deemed unfit by the court, one parent may have sole custody. Keep in mind that a parent would be deemed unfit only under special circumstances, such as domestic violence, child abuse, drug/alcohol abuse, DUI, etc.

When parents have legal custody, they can make important decisions for their children regarding education, religion, healthcare, and other important decisions.

Physical custody determines who the children will live with.  Arizona courts always order parents to share 50/50 custody of their children, unless there are special circumstances.  There are many variations of schedules when it comes to joint custody; the Arizona court system provides several plan ideas for parenting time in their guide for parents.

Child Support

Each parent has a legal obligation to contribute to the support of their children, whether those children are born in or out of wedlock or are adopted.  The child support obligation takes financial priority over all other obligations the parents may have and establishes a standard of support based on the reasonable needs of the children and the ability to pay by each parent.

Special Circumstances

Every divorce or separation is different, and sometimes that means that there will be special circumstances you will need to consider.  If there are especially stressful circumstances such as domestic violence, child abuse, drug or alcohol addiction, mental or psychological disorders, etc., utilizing legal guidance for your case is essential.

If your children’s physical, emotional, or mental well-being is at risk, your utmost priority is to protect them. Parents who are struggling with an uncooperative or violent spouse should seek help from an experienced Scottsdale AZ family law attorney immediately.

Holidays, Vacations, and School Breaks

It’s important to be flexible and willing to cooperate when it comes to deciding what holidays, vacations, and school breaks children will spend with each parent because meaningful time spent with both parents is beneficial to children.  Parents can choose to assign the same holidays and school breaks to a specific parent each year, but generally, parents elect to rotate these events every other year.  Include language that specifies the amount of time spent with each parent, pickup and drop-off details, and how parents will communicate about upcoming holidays and travel.  The schedule for holidays, vacations, and school breaks takes priority over regularly scheduled parenting time.

It’s also important for parents to remember that their children may miss the parent they are not spending time with, so scheduling time for the children to regularly connect with the other parent can be helpful.  Remember to give the other parent information about travel plans such as itinerary, how they can be contacted and where they will be staying. The other parent should also provide information on how they can be contacted in case of an emergency.

Health-Related Expenses

Parents are responsible to provide financial support for their children’s health-related expenses. They may decide together how health insurance costs for the children will be paid, or, if they are unable or unwilling to do so, the court will decide for them.  Keep in mind that the courts will consider the following to determine how costs will be paid:

Parents are also responsible for uninsured or unreimbursed medical expenses.  This includes co-pays, prescriptions, and any other medical, dental, and/or vision costs as a result of a medically necessary treatment or procedure.  Parents may decide on how these expenses are shared, or if unable or unwilling to decide together, the courts will decide for them.

Helping You Create the Best Parenting Plan

Navigating divorce or legal separation is one of the most emotional and stressful life circumstances you will undergo, and sometimes that means you aren’t always clearly focused on the details of your future.  At Genesis Family Law and Divorce Lawyers, we understand that the last thing you want for you and your children is more heartache and dysfunction. Establishing a stable parenting plan with one of our expert family law attorneys is the best way to ensure that you and your children are protected and prepared for the future.  Contact us today to schedule a case evaluation.


Need a Parenting Plan Attorney in Scottsdale?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Order of Protection Lawyer

An order of protection is a legally binding document that restricts another person’s behavior, referred to as an offender. These orders are typically sought by people who have recently separated from or recently divorced their spouse or who feel threatened by another person. An order of protection can also be used to encourage an abuser to vacate a residence and provide the victim with protection from the abuser.

Penalties for violating an order of protection can include fines and jail time. It is important to note, however, that not all states have specific domestic violence protective orders or restraining orders. In those states, a simple assault charge may be filed instead against the person who attacked another person.

An order of protection typically contains “do not contact” provisions, which direct the abuser to stay away from the person seeking protection. This includes prohibiting the offender from coming within a specified distance of them, either in person or online. They may also be ordered to stop harassing the victim through emails, texts, and other forms of electronic communication.

Order of Protection Attorney in Scottsdale AZ

If you want to file for an order of protection against another individual, then there are several steps that need to be followed:

Benefits of Hiring a Family Law Attorney to Help With an Order of Protection.

  1. A family law attorney is someone who focuses on the legal issues that are related to families, including divorce, child custody, and child support. They can also help with legal issues related to domestic violence and protecting your children from harm or abduction by a parent.
  2. Ensuring that the terms of an order of protection comply with local laws.
  3. Helping you to determine which modifications should be made to your order of protection from a legal standpoint.
  4. Making sure that any modifications are successfully enforced by law enforcement officials.
  5. If necessary, provide you with contacts for police officers and other nearby attorneys who may be able to provide you with further legal advice
  6. Providing you with representation in court if the offender violates your order of protection. An attorney can also represent you in negotiating a settlement or filing an appeal in civil or criminal court.
  7. The ability to receive legal representation from a qualified and experienced attorney.
  8. Assistance with the order of protection proceedings, including filing the necessary paperwork and appearing before a judge.
  9. Representation if your ex files for their own order of protection against you or violates their own terms.
  10. Represent you in court proceedings and make sure your rights are not breached. Additionally, an attorney may be able to get a protection order before you even leave the house, preventing any future harm. An experienced attorney will know how to get a protection order without you having to attend court, although this can depend on the laws of your state.
  11. Ensure that family law proceedings are carried out smoothly, which means less worrying for you and more time spent in building a stronger relationship with your child.
  12. Keep track of filing deadlines which saves you time and money by not having to worry about missing the deadline for an important event or procedure throughout the proceedings. This becomes more important if you are living in a different state to where the divorce is being filed, so it’s best to have a family law attorney to help with an order of protection handle the filing
  13. Make sure all child support is being paid and received correctly, so you don’t have to worry about being scammed by the other parent. A family law attorney will easily be able to handle this for you.
  14. Make sure that custody rights are not breached and that the other parent is abiding by chances given to them either in a temporary or final order of protection.
  15. Assist with parenting time issues, so you don’t have to miss time with your child because the other parent isn’t being cooperative. An attorney will help

Reach Out to Us

A family law attorney will be at your side every step of the way and has experience in navigating these difficult waters, so you don’t have to. As Genesis Family Law and Divorce Lawyers family law attorneys in Scottsdale AZ, we have over 30 years combined experience helping families and individuals with orders of protection. If you are seeking an order of protection or if you have any questions about hiring a family law attorney, contact one of our offices today.


Need an Order of Protection in Scottsdale?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Name Change Lawyer

At Genesis Family Law and Divorce Lawyers, we know that one of the things that comes up after a divorce is a name change. You don’t want to carry the name of a past relationship into the future. A Scottsdale AZ divorce attorney will explain to you what a name change means and what goes into the process.

Those who seek name changes are usually, but not always, women who are newly divorced. There are numerous reasons why one might wish to change their name, however, it is common for us to meet with women wishing to revert to their old names after divorce.

Usually, a Scottsdale AZ divorce attorney will help with the process of changing your name. They are experts in these kinds of things and can help when seeking a name change before or after the divorce.

DIVORCE: WHAT HAPPENS TO YOUR NAME AFTER YOUR SUCCESSFUL DIVORCE

There is some information you should understand before you request a name change :

  • You can seek a name change as part of the process of divorce only if you want to use the old name you used before marriage.
  • Perhaps you did not change your name during a divorce. You can change it later in your county court when you have completed the divorce. The process will be determined by this court and it might differ from other county courts. That’s why it is advisable you see a Scottsdale AZ divorce attorney who will give you the details of the process in your county.
  • Perhaps you want a different name from the one you used before marriage. The court in your locality will help you with the process.
  • Changing your children’s names after a divorce requires the consent of the other parent. The process is treated separately from the divorce process. Usually, the court in your locality will use the same system it uses in dealing with issues concerning children in divorce. The court will always have the best interests of children in mind. It is very likely that the court will turn your request down if the other parent has an existing relationship with the children.
  • Your choices are broader if you have been divorced before. You can choose the old spouse’s name, your parent’s name, or you can maintain your current name.
  • Changing your name doesn’t exempt you from certain duties like paying your debt or being prosecuted for any crimes that you may have committed.
  • It’s your soon-to-be-ex or ex’s choice to change her or his name. You cannot force them.
  • Unless you make an effort to change them, your name on documents will remain the same. After changing your name because of a divorce, the name you have on your certificates, will, driver’s license, etc. will be the same and will not be changed automatically.

Changing your name after a divorce can be difficult if you don’t know how to go about it. A Scottsdale AZ divorce attorney can help you make the process as swift and stress-free as possible.

Here are some examples of situations that can lead to a name change:

After marriage

You are not expected to do anything to change your name after marriage. There is no need to see a divorce attorney and there is no need to visit an adult court in your locality. All you have to do is to request a license for marriage; ensure you have done this before the actual marriage.

Typically, and depending on your locality, you don’t need to wait before you get a license. You will need to pay certain fees for the filing of the marriage license and each partner must each be above 18 years of age.

Name change after divorce

This is where some effort is required. Most people would like to change their name after a divorce. Changing your name cannot be easily done on your own. You will likely need the service of a Scottsdale AZ divorce attorney.

If you wish to go back to your old name, it is wise to contact an attorney early. The best option is to file the case together with the divorce decree. If you want an entirely new name, a name you have never used before, you will need to follow a different approach that is unrelated to divorce.

There are two forms that respond to divorce issues. They are the Response to the Petition for Dissolution of Marriage and the Petition for Dissolution of Marriage forms. These forms have sections where those involved in divorce issues can file for a name change, especially if they are returning to old names.

When the divorce process has ended and the two parties have been separated by the law, you can still seek a name change. A Scottsdale Arizona family law attorney will help guide you through the process.

Changing your name as an adult

If you are looking to change your name legally after you have turned 18 and you are not married and haven’t been divorced before, changing your name at this stage is pretty easy.

You will visit the court clerk in your area and ask for a name change. The clerk will hand you a Name Change Form and other forms that are applicable. You will fill them out, providing information such as your name, your address, your date of birth, etc. and submit the form.

The second document, the Order Changing the Name, will serve as a tool for you in case you want to carry a birth certificate around with your new name on it. A judicial officer will put a signature on it and thus signify that you can hold another or brand new birth certificate in your community.

Reach out to Us

Contact us today at Genesis Family Law and Divorce Lawyers if you are looking for an experienced team of divorce attorneys in Scottsdale Arizona who will fight for you and protect your rights. We have over 30 years of experience as Scottsdale AZ family lawyers and have helped hundreds of individuals successfully change their names.

Feel free to reach out to our team of highly skilled family law attorneys so we can schedule a consultation. We know every case is unique and we will take the time to talk about your specific circumstances and find what works best for you. Give us a call today.

Need a Name Change Lawyer in Scottsdale?

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale LDS Lawyer

Kevin Jensen was born in Evanston, Wyoming.  He grew up on a ranch in southwestern Wyoming where he was taught old fashion values and hard work. He graduated from Evanston High School in 1988 and shortly thereafter left for a mission to Las Vegas, Nevada for The Church of Jesus Christ of Latter-day Saints or “Mormon” church. Mr. Jensen served in various leadership positions as a missionary in Nevada from 1989-1991.

Upon returning from his mission, Mr. Jensen attended Rick’s College in Rexburg, Idaho, before transferring to Brigham Young University in Provo, Utah. Mr. Jensen graduated from Brigham Young University with a Bachelor of Arts degree in History, focusing primarily on American History, in 1998.

LDS Lawyers in Scottsdale Arizona

In 2006, Mr. Jensen started his own law practice and has focused on helping individuals in the area of family law. He has been practicing law for over 20 years and has experience with all types of family law cases. Kevin and his wife Kristi are the proud parents of four boys. Kevin loves spending time with his family, especially participating in sports with his boys. He is an avid, golfer, reader and loves old movies. He also enjoys spending time serving in various capacities for his church.

Lawyers in Scottsdale AZ that are Mormon

Nobody gets married with the intent to divorce, but even with the best of intentions divorce can happen. When the unfortunate prospect of divorce arises, it is important to know your rights and understand the law and the marriage dissolution process in Scottsdale AZ. As experienced Genesis Family Law and Divorce Lawyers LDS divorce lawyers in Scottsdale AZ, we help make this process as quick and painless as possible.  There are three major issues that need to be resolved in a typical Scottsdale Arizona divorce matter;

  1. The dissolution of the marriage.
  2. Child custody / child support issues.
  3. Division of the community property and debt.

Perhaps the easiest of these issues to resolve is the dissolution of the marriage itself.  Unlike many states, Arizona does not require a specific reason for divorce.  Arizona judges do not need to make a finding as to why one or both parties want to be divorced.  It’s enough for one party to indicate their desire to be divorced and that the marriage is irretrievably broken.  Under Arizona law, the reason for divorce is irrelevant.

Even though a specific reason for divorce is not mandatory, there are some specific requirements that must be met before a judge can grant a divorce.  See A.R.S 25-312.

These requirements include the following:

  • At least one of the parties must have lived in Arizona for at least 90 days prior to the date the divorce action is commenced.  Military personnel who are stationed in Arizona can commence a dissolution matter after they have been stationed in the state for at least 90 days.
  • The parties must be made aware of Conciliation Services; a free service offered through the courts to try to help parties reconcile their marriage.  The court must further find that the parties do not believe such services would help save the marriage.
  • That the marriage is irretrievably broken.
  • The court must consider any custody, child support, and spousal maintenance issues that may be present in the case.

If the court does not find that each of these requirements has been met, the court cannot take jurisdiction over the matter and the divorce cannot be granted.

LDS Divorce Attorneys in Scottsdale AZ

Divorce proceedings are understandably emotional and painful for both parties and their children.  If you find yourself facing a divorce, it’s important that you understand your legal rights and the divorce process.  As Mormon Scottsdale AZ divorce and family law attorneys, we have more than 20 years of experience handling divorce matters in Scottsdale AZ.  We will protect your rights and give you the peace of mind you need.  Call us today and schedule your divorce consultation.

Best Divorce Attorney in Mesa AZ

No-Fault Divorce

Arizona is a “no-fault” divorce state.   This simply means that the person initiating the divorce does not have to give a reason or prove the other party at fault.  However, don’t assume that no-fault divorce is a simple divorce. There will still be assets and debts to divide, and if you have children you will need to negotiate child custody and child support.  One way to simplify the process is to hire a lawyer who works with a mediator. They can help negotiate a settlement that will save you both time, stress, and money.

Contested Divorce

When a divorcing couple is unable or unwilling to agree on important decisions such as child custody, child support, or spousal support, this is considered a contested divorce. Contested divorces are those that most individuals wish to avoid. Why?  Contested divorces tend to cause more conflict between the divorcing spouses, take more time to resolve, and are therefore more expensive.

Choosing the right LDS divorce lawyer in Scottsdale AZ will make a significant impact on the results of your case. No matter what stage of the divorce process you are in, we can assist you in navigating your divorce and protecting your rights. We have experience and skills that can be used on your behalf to protect you. Contact your family law attorney today to speak with one of our experienced attorneys.

Uncontested Divorce

Not all divorces end in long court battles.  In fact, most divorces in Scottsdale AZ are uncontested. An uncontested divorce is one that is resolved outside of the courtroom, such as through mediation or another out-of-court agreement. The result is no less binding than a contested divorce in court, but the process is more constructive overall. Your approach with your divorce lawyer in Scottsdale AZ will have a big impact on this.

In an uncontested divorce, the spouses have a greater opportunity to negotiate decisions together, rather than abiding by a court-ordered judgment that may not be the most advantageous for everyone involved.

Discussing your case with an experienced divorce attorney is one of the most important decisions you can make when considering divorce. Even if you and your spouse agree on all or almost all of the terms of your divorce, it will be helpful to have the insight of a legal professional to ensure that your rights and interests are protected.

Division of Community Assets, Debts, and Property

A difficult aspect of going through a divorce is deciding how to split up the assets, debts, and property you and your spouse have acquired during your marriage. This can be especially strenuous if one or both of you are the owner of a business.

Since Arizona is a community property state, all assets, property, or debts that you and your spouse acquire during your marriage are considered community property.  Each spouse has a one-half interest in any assets or property acquired during the marriage.  This includes an interest in any real property, personal property (home furnishings, tools, etc.), money, bank accounts, stock, retirement accounts, pensions, etc. Likewise, each spouse has a one-half responsibility for any debt accumulated during the marriage.

Exceptions to this would be any property that one spouse owned prior to the marriage or any property given as a gift or inherited by one spouse during the marriage. In these situations, the other spouse is not entitled to a one-half interest in that property.  A party claiming that some specific property is his or her separate property must provide proof that the property was something he or she owned prior to the marriage, was acquired by gift or was the property that was received through inheritance.

Several issues can arise when dividing property during a divorce.  These issues can include the co-mingling of separate property with community property, hiding assets, or even disagreements over the value of the property.  Property and debts should be divided in such a way that each party receives an equitable distribution of the property.  These issues often require a trial judge to review evidence relating to property and to divide the property in the most equitable way possible.  Sometimes this means that both parties will not receive exactly 50% of the community property.

The legal team at Genesis Family Law and Divorce Lawyers in Scottsdale AZ is experienced with the complex issues related to the division of assets and debts at the time of divorce.  It is always preferable for the parties to try to come to an agreement as to how their property and debts should be divided. However, sometimes it is necessary to litigate, especially when one spouse may be hiding assets. At Genesis Family Law and Divorce Lawyers, we will protect your property division rights through knowledgeable and compassionate legal expertise.

Annulment vs Divorce

Divorce and annulment are both means of ending a marriage.  A divorce is a dissolution of marriage that recognizes the legality of the marriage, splits assets and debts accumulated during the marriage, and assigns custody, visitation, and child support of the couple’s children.  An annulment is different in that once it is granted, the marriage never legally existed.  In Scottsdale Arizona, a petition for divorce can be filed without fault from either spouse, since it is a no-fault state.  An annulment, however, will only be granted if certain criteria are met that refute the legality of the marriage in the first place, such as intoxication at the time of the marriage, a prior marriage where divorce has not been finalized, fraud, or other grounds.

Mormon Divorce Lawyer Scottsdale AZ

We’re open: Monday – Friday 9 am – 5 pm

For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Scottsdale Guardianship Attorney

Scottsdale guardianship attorney

Nothing is more essential than making arrangements for your loved ones' care after you pass away. Many of us, though, avoid it all too frequently. You're not alone if you feel like you're about to make the most important choice of your life, whether it's for your children or for someone else you're responsible for, such as an elderly parent with disabilities.

Knowing everything there is to know about guardianship will give you confidence in your decisions. Our guardianship attorneys are here to fight for you and protect your family members at Genesis Family Law and Divorce Lawyers.

With court approval, an adult may gain legal guardianship of a child or incapacitated adult in Scottsdale, AZ. The ward is the individual for whom guardianship or conservator will is formed. Legal guardians have particular obligations, such as providing safety, assistance, and care to their wards. Learn more about guardianship below. Then, contact our conservatorship attorneys to schedule a case consultation.

Our Scottsdale Guardianship Attorney Reviews the Types of Guardians

Our Scottsdale guardianship attorney reviews the types of guardians

There are several types of guardians, and understanding the distinctions can help you feel confident that you've done all possible to safeguard your dependents' well-being.

While guardianship for young children is often the first sort that comes to mind when considering estate planning and the probate process, there are other options based on your present and future needs. There are three primary guardianship forms: full, limited, and shared guardianship.

Guardianship in its entirety

Entails total accountability and decision-making authority over another individual or family member. Financial, legal, and personal matters can all be included.

Guardianship with restrictions

Generally, it refers to a person's duty for particular requirements, such as property and healthcare.

Involved guardianship

They were implying that more than one guardian would be chosen.

What Is Guardianship in Scottsdale and How Does It Work?

Guardianship in Scottsdale, Arizona, is when a court appoints a specific institution or individual to make personal decisions and provide care for an incapable or incapacitated adult, or a youngster. The award is a term given to the individual assigned to a guardian in the preceding phase.

A guardian has charge or control of a child, in the court's view. A parent will do a deed before their death, or a court order can be used to obtain legal guardianship. A legal guardian has a variety of tasks, but in general, they act as a caregiver for the person or persons under your guardianship when you cannot do so yourself.

For example, this might happen after you die or if you become mentally or physically disabled for any reason. Guardians have a fiduciary obligation to act on behalf of the people they are in charge of, and they must promise to always act in the best interests of those they are in charge of.

Because of a medical or mental condition, a ward is an adult who cannot speak or is unable to make reasoned decisions for their protection and welfare. Minors are also designated as wards since they cannot make legal decisions for themselves.

When is Guardianship Recommended?

When is guardianship recommended

How To Choose the Right Guardian for Your Family Member

What Procedures Are Used to Appoint Guardianship?

Any interested party that files a guardianship petition with the court can designate a guardian. A Will can also nominate it. In addition, any individual concerned about the welfare of an incapable adult may petition the court for a finding of incapacity and guardianship.

A lawyer is required to represent an adult ward listed in a petition for guardianship. The ward may also opt to work with an attorney with a long-standing professional connection. Alternatively, the court may appoint the ward's attorney. After completing an interview with the possible adult ward, the court must appoint a court investigator and a physician to provide reports to the court before the hearing date. Naturally, the lawyer and potential ward must attend the live court session in person.

Minor Guardianship

A physician's report is not required for minor guardianship, and no attorney is appointed on the kid's behalf. However, in this type of guardianship, the minor's parents must also provide their written permission to appoint a legal guardian on behalf of their minor child.

The court may appoint a guardian for a specific time or purpose in certain circumstances.

When Does Guardianship Become Available?

If a parent of a minor kid gave instructions in their testament, a probate court might award guardianship. A “testamentary appointment” is what this is called.

In addition, if the court has decided to terminate the parental rights of the ward's prospective parents, an individual may apply to the court for legal guardianship. Finally, a court may award legal guardianship if an incapable adult requires supervision, assistance, and care.

In Scottsdale, AZ, How Long Do You Have to be a Guardian?

Guardianship can remain until a minor kid achieves legal maturity, which is 18 in Arizona. Suppose the parents of a minor child object to guardianship and their parental rights have not been revoked.

In that case, they can ask or petition the court to remove guardianship, even if they previously consented. When the ward passes away, the guardianship ends as well.

Guardianship Responsibilities in Scottsdale, AZ

Guardianship responsibilities in Scottsdale

A parent's obligations and abilities are similar to those of a guardian. A guardian has the authority to make personal decisions for the ward about living conditions, social activities, education, and the provision of professional or medical care, advice, counsel, and treatment. The guardian must constantly guarantee that the judgments taken are in the ward's best interests.

In addition, the guardian must constantly guarantee that the ward is living in the least restricted setting possible so that the ward can stay safe. On the anniversary of the guardian's appointment, the guardian must also make a written annual report to the court once a year.

How An Attorney Can Help With Legal Guardianship in Scottsdale, Arizona

A court, such as the family court, determines legal guardianship based on state legislation. Therefore, it may be beneficial for parents/guardians involved in guardianship matters to speak with and hire a family law attorney for assistance.

As Genesis Family Law and Divorce Lawyers family law attorneys, we have over 30 years combined experience with legal guardianship in Scottsdale, AZ, and we would be happy to help you settle your case. Contact our office today to set up an appointment for a consultation.

Contact Our Scottsdale Guardianship Attorney To Schedule a Case Consultation

Contact our Scottsdale guardianship attorney to schedule a case consultation

When you are concerned about guardianship, you need experienced lawyers who offer tenacious representation.

At Genesis Family Law and Divorce Lawyers, we would be honored to help you. We understand that nothing is more important than your loved ones. Contact us today to schedule a free consultation.

We're open Monday – Friday, 9 am – 5 pm.

If you have additional questions, you can call us at (480) 581-1650 or find us on Google Maps.

Genesis Family Law and Divorce Lawyers in Scottsdale, AZ, is located at 7825 E. Gelding Dr, Suite 102, Scottsdale, AZ 85260. Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.