Where to Start?

Most people have not hired an attorney. You reached a breaking point where you need a lawyer. This is a critical moment in your life. Finding the right counsel is important. The first step is find an attorney who understands your issues and who has the ability to develop a plan that solves your issues. Please contact the office and we will be happy to sit down and find solutions that work for you and your family. One of the most difficult parts is making the call.

Divorce Attorneys

Divorce brings forward a rush of uncertainty for each spouse in both a contested, and uncontested divorce with children and without children: Divorce brings up many conflicting emotions and legal issues, your life is changing quickly and you want to feel in control again. For many, the first question is how will I provide for myself and my children. James Portman Webster Law Office, PLC will walk you through this time of uncertainty and provide you with expectations of either how much you should expect to receive in Child Support and/or Spousal Maintenance. Or in the alternative, how much might you be expected to pay in Child Support and/or Spousal Maintenance.

How will custody of the children be determined?

When children are involved, it is extremely important that the best interest of the children comes first. The commonly used term “Custody” has changed in Arizona to Legal Decision Making and Parenting Time. Legal Decision Making and Parenting Time are not always equal. For example; both parents can have Joint Legal Decision Making with one parent having more parenting time with the child or children than the other based on many circumstances.

Property and Debt Division

Arizona is a community property state because of our state law. Community property generally means that each spouse has equal ownership of anything purchased, acquired, or paid for during the marriage no matter who uses the property, who paid for the property or whose name the property is titled under. There are exceptions and this can be complex. Just like community property is owned equally between two spouses, so is marital debt. Upon the dissolution of a marriage, all of the debt is equitably divided between the spouses, meaning that each spouse takes an equitable amount of the debt that the couple accumulated during marriage. This is true regardless of which spouse incurred the debt.

Enforcement of a Court Order

Once your Divorce Decree is granted, it is assumed that everyone will move on and rebuild their life separately, unfortunately that is not always the case. At times a former spouse may not abide by the Court’s final Order; there are many situations that arise where a Court Order must be enforced. A few examples are Child Support, Spousal Maintenance, Parenting Time, and Property Settlement Agreement. If an enforcement action is necessary for your situation, you will want an attorney who understands your individual situation so they can properly advocate for your rights. The same applies if an enforcement action is brought against you. At James Portman Webster Law Office PLC, you are an individual, we will take the time to understand your situation and advocate for you.

Bankruptcy Attorneys

Considering bankruptcy is a scary time. There are a lot of what if questions. This is where having a Phoenix and Mesa bankruptcy attorney makes a difference. We will review your options and find options that will work for your situation. Not everyone’s life is the same, so the not everyone will have the same solution. Bankruptcy can stop garnishments, lawsuits and telephone calls. Bankruptcy can also allow you to keep your car, house and other necessary items. Please contact us to set up a personalized consultation: 480-464-4667.

Chapter 7

This is the most common type of bankruptcy and is often called a “liquidation.” This sounds scary but it means that after protecting your assets to the greatest degree under the law, if there is something leftover to give to your creditors, the bankruptcy trustee will do their best to give something back to the creditors.

Chapter 13

This is often called a reorganization. Though you are required to make payments over a 36 or 60 month period, it allows you to make up back payments on your car and house while forcing the lenders to not continue to accrue fees by suing or foreclosing on your property. The payment is dependent upon how much money you have available after paying your allowable expenses. This is where an attorney makes a difference because we know what these expenses are and can make sure you pay what is required by law and nothing else.

Chapter 11

This is also a reorganization but it requires more involvement than a chapter 13 for both the attorney and the person filing bankruptcy. This means the costs is higher but it also provides benefits that do not exist in other chapters. Chapter 11 may make sense for individuals but it depend on your assets and income. Bankruptcy is a more complex process than most people think. It requires a lot of work and planning to be done correctly. When done correctly, the process is less stressful and you can recover quicker and focus on your life goals.

Estate Planning Lawyers

Estate Planning can be difficult. It seems simple enough, but a well drafted document will anticipate changes in your life. To the degree possible, it will meet your goals as you best understand them. To have a full estate plan, you need at least a will or a pour-over will tied to a trust, power of attorney and healthcare power of attorney. Some people’s lives are more complex and more is required. Once you take the time to get your ideas in one place, you will be leaving behind a simple instruction book for your family friends to understand your intentions and goals. If you do nothing, the State of Arizona will fulfill the goals it believes make the most sense for the average person. Some of the rules may work well for you, but you should at least understand the rules before allowing the government to choose. Give us a call to discuss your options: (480) 464-4667.