Valley Of The Suns Legal Issues Blog

When can an online post be considered defamation?

It seems as though people can post just about anything they want on social media and elsewhere on the internet, no matter how vicious and untrue. Public figures like politicians and celebrities are typically the targets of this vitriol, and many accept that it comes with the territory of being a well-known figure. However, any person or business can become the victim of posts that are untrue and pictures and videos that are altered or photoshopped.

At what point can you take legal action against a person who has posted defamatory comments or images? First, it's essential to understand what constitutes defamation. Typically, defamation is any published statement that is false and injurious to a person's or business's reputation. A statement can be considered "published" whether it's on an obscure blog or the comments section of a popular website.

Overcoming negative communication patterns with your co-parent

One of the biggest challenges facing divorced spouses who have kids is how to transition from communicating as marital partners to communicating as co-parents. That can be difficult when the relationship has been seriously damaged by one or both spouses' bad behavior. It may be difficult, if not impossible, to summon any kind positive feelings toward one another.

However, divorced parents need to be able to communicate clearly and work together for their kids' well-being. That means recognizing the negative patterns that still exist in your communications and working to overcome them.

How to handle an implied warranty dispute

A breach of implied warranty could lead to a civil dispute. An implied warranty suggests the use of a product for ordinary and reasonable purposes. It states the item is appropriate for such uses even without an express or written warranty.

If someone recently breached an implied warranty and caused you damages in Arizona, that person may owe you restitution. It may take a lawsuit to protect your rights as a consumer, as well as to obtain any compensation the entity may owe you.

Do you have a summer custody schedule in place?

If you and your soon-to-be ex are in the process of drawing up your child custody and visitation agreement, it's important to include a section that addresses how your children will divide their time during the summer. You'll need to address things like whether one or both parents will have longer stretches of custody than usual, who will care for the kids during the day and whether there are restrictions on where either parent can take the kids on vacation.

If you already have a plan in place, that's great. It's essential to remember, however, that summer is a time of flexibility. It's typically best when parents can embrace some flexibility, within reason, when circumstances arise that make a change to the schedule best for the kids. For example, maybe a favorite uncle on the other side of the family is coming into town during "your" week with the kids. Do you really want to deny them that time with someone they love?

Does a gun trust need to be part of your estate plan?

Whether you're an avid gun collector who spends weekends at the shooting range or you've inherited a few guns from your grandfather that remain safely locked away in your garage, it's important to include those weapons in your estate plan. The transfer of weapons is heavily regulated. Transferring or transporting them without following state and federal laws can be a felony. That's why estate planning attorneys recommend establishing a gun trust.

A gun trust can be revocable or irrevocable. However, it's generally best to have a revocable gun trust so you can make changes to it should the contents of your gun collection or your wishes for it after your death change.

Do these things when dividing credit card debt in divorce

As you close in on the divorce process, it's critical to make a list of both your assets and debts. For many people, this means focusing a good amount of attention on their joint credit card debt.

There is no right or wrong way to divide credit card debt in a divorce, but there are some ideas to consider:

  • Pay it off before your divorce: This is the easiest approach, as it allows you to eliminate all your joint credit card debt before the divorce process begins. This is one less thing you have to negotiate.
  • Divide the debt: If you don't have the financial means to pay off the debt, divide it by using a balance transfer credit card. Once you do this, each person has half the balance to do with as they please.
  • Cancel all joint credit cards: If you make the mistake of leaving these active, your soon-to-be ex-spouse could continue to use the cards. While not always the case, this could leave you responsible for some of the debt.
  • Keep records of your spending: Gather your most recent statements to mark your expenses, your spouse's expenses and those you agreed to mutually.

Follow these steps to get a child support modification

There may come a point in your life when you realize you're unable to make your child support payments as required by the court. While you can't stop making payments, you have the legal right to request a modification.

Here are the most important steps to follow to get a child support modification:

  • Learn more about the process: For example, find out what the court requires in order to consider your request for a child support modification. This allows you to collect and submit all the necessary information.
  • Talk to the other parent: It's tough to do, but getting on the same page as the other parent is a good idea. If they agree to a child support modification, you're more likely to receive the approval of the court. It's always worth a try.
  • Document your change in circumstances: The court isn't going to approve your child support modification request for no reason. You must prove that your financial circumstances have changed, such as through a job loss or serious illness.
  • Keep making payments the best you can: Even if you're struggling financially, continue to make payments to the best of your ability. You're required to pay your obligation in full until you receive a modification from the court.

Can bankruptcy help delay foreclosure?

There's no worse feeling than receiving a foreclosure notice from your lender. You'll immediately assume that you'll lose your home to repossession in the future. Even though this is possible, you're not in this position just yet.

There are many steps you can take to delay or stop foreclosure, with bankruptcy as one of the best.

A new business owner should prepare for a possible lawsuit

Perhaps you have finally realized your dream of opening your own business. The possibility of defending yourself against a lawsuit is probably the last thing on your mind.

However, it is best to take precautions. Here are three areas that deserve your attention in preparing for the possibility of a lawsuit.

Should you review and update your estate plan?

Once you create an estate plan, you'll feel like the weight of the world has been lifted from your shoulders. There's nothing better than knowing that all your affairs are in order.

However, don't assume that the estate plan you create today can remain untouched for the rest of your life. It's important to review and update your estate plan as necessary, as neglecting to do so could put you and/or your family in a difficult position.

  • MCBA | Maricopa County Bar Association
  • State Bar of Arizona
  • ABA | American bar Association | Defending Liberty Pursuing Justice
  • Oregon State bar
  • NACBA | National Association of Consumer Bankruptcy Attorneys
  • NACA | National Association of Consumer Advocates
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