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Effect of Changing Judges During a Divorce

Posted on : December 24, 2015, By:  Christopher Hildebrand
Changing Judges During a Divorce in Arizona

Effect of Changing Judges During a Divorce in Arizona In Arizona, one judge usually hears a divorce case from start to finish. Special rules of procedure apply to ensure fairness when a judge dies, resigns or retires after a case is started but before it is finished. Arizona Rule of Family Law Procedure 88 provides: […]

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Significant Domestic Violence and Sole Custody in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
Significant-Domestic-Violence-and-Sole-Custody-in-Arizona

Significant Domestic Violence and Sole Custody Many parents have questions regarding the impact of significant domestic violence and sole custody in Arizona. Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law […]

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When Child Relocation Factors Do Not Apply in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
Arizona Child Relocation Law

When Child Relocation Statute Does Not Apply in Arizona There are times when child relocation statute does not apply in Arizona. In Arizona, when there is a court order establishing custody and/or parenting for both parents and both parents reside in the state, either party is required to provide written notice of at least sixty […]

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Temporary Visitation Order for Grandparents

Posted on : December 22, 2015, By:  Christopher Hildebrand
Grandparent Visitation in Arizona

Temporary Visitation Order for Grandparents On August 12, 2014, a decision was handed down regarding a special action that arose from a trial court’s temporary order in the paternity action brought by Molly Lambertus (Mother) against Tyler Day (Father) in which it was ordered that the paternal grandmother, Linda Faye Day-Strange (Grandmother), be allowed two […]

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Start Date for Temporary Support in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
Temporary Child Support in Arizona

Start Date for Temporary Support in Arizona Arizona laws are used to determine spousal maintenance, child support and family support awards and amounts. In some cases, the court finds a temporary family support award appropriate. An issue that may arise is when to set the start date for temporary support in Arizona. Laws and specifications […]

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Failure to Include an Issue in a Pretrial Statement in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
Failure to Include and Issue in a Pretrial Statement

Failure to Include an Issue in a Pretrial Statement In Arizona, a divorced individual with a spousal maintenance obligation can ask the court for a modification if there is significant changes to their circumstances and their ability to cover the agreed upon amount financially. If the individual responsible for paying spousal maintenance obtains a court […]

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Child Support and Assets in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
Child Support and Assets in Arizona

Child Support and Assets in Arizona Arizona family court utilizes a standard calculation based on income of both parties and parenting time awarded to both parties to determine child support awards and amounts. In some cases, one or both of the parties involved will experience significant change in their financial status for a variety of […]

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Termination of Alimony on Remarriage

Posted on : December 22, 2015, By:  Christopher Hildebrand
Alimony and Remarriage in Arizona

Termination of Alimony on Remarriage Questions sometimes arise regarding the termination of alimony on remarriage of the spouse receiving the alimony. In Arizona, Arizona Revised Statute section 25-327(B) states: “Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated on the death of either party or […]

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When a Divorce is Final in Arizona

Posted on : December 22, 2015, By:  Christopher Hildebrand
When a Divorce is Final in Arizona

When a Divorce is Final in Arizona In Natale v. Natale, each party cited difference precedents in response to a motion filed by the husband to appeal and the wife’s belief that he did not file the motion in a timely manner. The issue centered upon the question of when a divorce is final in […]

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Unequal Division of Community Property in an Arizona Divorce

Posted on : December 22, 2015, By:  Christopher Hildebrand
Unequal Division of Community Property in an Arizona Divorce

Unequal Division of Community Property It is important to understand when it pay be appropriated for a judge to order an unequal division of community property in Arizona.  The Court of Appeals of Arizona granted review of Anthony Toth, Petitioner-Appellee, v. Gloria Snyder Toth, Respondent-Appellant to consider whether an equitable distribution of marital assets would […]

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