Archive for January, 2021

What To Do When One Parent is Not Following Court Orders

Posted on: January 18th, 2021 by Stephen Willis

In a child custody case, there is a chance that one parent might fail to comply with the court orders even when the ruling has been finalized. This can be unfortunate as it could show an antagonizing relationship to the kids when the problem is one of the parents. When you find yourself in such a situation, it will be wise to look for a divorce attorney Mesa so that you’re aware of your legal options. You don’t want to let the uncalled for behavior go unchallenged.

Stay Calm

It can be hard to remain civil when the other parent isn’t willing to listen to reason. You want to be the bigger person for the sake of your kids and because it is the right thing to do. The first thing you should make sure of is that the kids don’t have to witness any arguments between the two of you. Anything to do with the custody should be in the best interest of the child even if the other parent thinks otherwise. A parent that overreacts to situations could be a sign that they shouldn’t be the primary caregiver.

Documenting Denial of Parenting Time

In order to have a formidable case, there should be detailed documentation on the instances where the other party denied you parenting time. Make sure to save voice messages, emails, and texts where the other parent explicitly mentions that they won’t be cooperating with the court orders. You have the right to contact law enforcement if the other parent is knowingly denying you parenting time. This should be the last resort as you don’t want your kids being traumatized by the involvement of the police in a domestic matter that can be solved amicably.

Get in Touch With a Family Law Attorney

You might have reached the original orders without the involvement of an attorney but that doesn’t mean you should seek out their help. You can still reach out to a family law attorney to consult on the current standings. There are those that might charge for consultation while others will offer it for free with the hope that you’ll use their services.

Drafting and Filing a Motion

For purposes of continuity, the filing should be done in the same court that issued the original orders. Your attorney will put a request for the other parent to be held in contempt of the court for violating the court orders. It is possible for them to be fined or jailed for violating court orders.

Modifying Custody Plan

You can be awarded primary care duties if the other parent is repeatedly violating court orders. Granting of such a request will be under special circumstances and the court will primarily look at the child’s interest above anything else.

Contact Jensen Family Law For More Information

If you’re unsure of what needs to be done, you can reach out to Jensen Family Law for more information. We have a team of experienced attorneys that are dedicated to providing the best outcome for you and your family. Visit https://www.familylawattorneymesaaz.net/ for more information.
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What Happens to a Family Business In a Divorce?

Posted on: January 5th, 2021 by Stephen Willis

Starting and running a successful business is a highly rewarding experience. The sweat and tears that go into such an endeavor can take a toll on anyone mentally. That is why spouses might decide to enter into a joint partnership to help with the running of the business. Complications on who gets what could arise in the event of a divorce. A couple might divorce when the business is doing exceptionally well. That is why it will be a good idea to look for a divorce attorney Mesa so that there are no grey areas when it comes to subsequent ownership after the assets have been divided.

Was the Business Acquired During Marriage?

This will depend on the living status of the divorcing couple. In the states of Arizona, all assets and debts that were acquired during the matrimonial union should be split evenly in the event of a divorce. The spouses can mutually agree on the division of property but the court could step in when there wrangles. If the business is a gift or an inheritance, it could be considered separate property even if it was transferred during the marriage.

When a Spouse Owned a Business Before Marriage

A spouse could have a valid claim to the business even if the other partner established it before the marriage. It is possible that a spouse might have played a contributing role in the growth and success of the business. You should be reaching out to a local divorce attorney when your business gets involved with community assets. Even if the separate asset gets commingled, it doesn’t necessarily mean that it should be split 50/50. The court can decide to assign the spouse assets on a pro-rata shared system.

What If The Business Has Debt?

The business will need to be carefully valued for the purposes of asset division. It is imperative that the spouses are hiring the services of a forensic accountant in order to come up with the true value of the business. The accountant will look at the tax returns, P&L statements, and financial reports for the real value of the business to be assigned. The business will also be compared to similar ones in the locality in order to have an accurate assessment of the value. For businesses with significant value, it is advisable to get in touch with a family law lawyer to help with the valuation. The attorney can also assist with the divorce negotiations as they’ll be in a better position having determined the value of the business.

Options For Settling a Family Business Assets

There are not a lot of options in dealing with a family business in case of divorce. It is possible for the business to be shut down if the spouses can’t reach an agreement on the division of assets. At Jensen Family Law, you can expect a free consultation so that you’re aware of all your options. For more information, you can check out https://www.familylawattorneymesaaz.net/

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Address: 3740 E Southern Ave Suite 210 Mesa AZ 85206
Phone: (480) 999-2321

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