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Contesting Paternity After a Divorce in Arizona

Posted on : September 27, 2016, By:  Christopher Hildebrand
Contesting Paternity After Divorce in Arizona

Contesting Paternity After Divorce in Arizona Some fathers may have reason to question their paternity of their children and, therefore, consider contesting paternity after divorce in Arizona. A child born to a married couple is presumed to be the child of the marriage in Arizona. No paternity testing is required to show that the husband […]

Posted in : Arizona Paternity Laws , Leave a comment

Ratification of Voidable Marriage in Arizona

Posted on : September 12, 2016, By:  Christopher Hildebrand
Ratification of Voidable Marriage in Arizona

Ratification of Voidable Marriage in Arizona In Arizona, a person must be 18 years old or older to consent to a marriage. However, in some states parents or even stepparents can provide permission. What happens when a minor marries in another state and seeks to void the marriage year later in Arizona? In Medlin v. […]

Posted in : Arizona Divorce Laws , Leave a comment

What Happens To Debts Not Included in a Divorce Decree

Posted on : August 9, 2016, By:  Christopher Hildebrand
What Happens to Debt Not Included in a Divorce Decree

What Happens to Debts Not Included in a Divorce Decree In Arizona, the divorce judge usually divides community property and community debt between spouses in a dissolution decree. However, sometimes the court omits an asset or a debt. In Ellsworth v. Ellsworth 423 P.2d 364 (1967), the Arizona Court of Appeals considered how a community […]

Posted in : Arizona Community Property Laws , Leave a comment

Abandonment of Marriage May Impact Community Property Rights

Posted on : August 8, 2016, By:  Christopher Hildebrand
Abandonment of Marriage May Impact Community Property Rights

Abandonment of Marriage May Impact Community Property Rights In In re Marriage of Fong 589 P.2d 1330 (1978) the Court of Appeals reviewed a particularly unusual divorce case. It relied on very usual authorities to come to its decision. Facts of the Case Mrs. Chow and Mr. Fong married in China in 1923. Mrs. Chow […]

Posted in : Arizona Community Property Laws , Leave a comment

Judgment for Loans Before Marriage in a Divorce Decree

Posted on : August 8, 2016, By:  Christopher Hildebrand
Reimbursement of Loans Made Before Marriage

Judgment for Loans Before Marriage In a Divorce Decree In Johnson v Johnson, 454 P.2d 590 (1969), the Court of Appeals reviewed an award made to a spouse. The spouse had not requested the award, nor did the judge explain why the award was given. Facts of the Case Mr. and Mrs. Johnson were married. Before […]

Posted in : Arizona Alimony Laws , Leave a comment

Valuing a Pension Plan in a Divorce in Arizona

Posted on : August 4, 2016, By:  Christopher Hildebrand
Dividing a Spouses Retirement Plan

Valuing a Pension Plan in a Divorce in Arizona Under Arizona law, the earnings of both spouses during the marriage are community property. Sometimes a spouse’s earnings will also include their employer’s contribution to a retirement account. The court must determine the value of the contributions made during the marriage. They are divided as community […]

Posted in : Arizona Community Property Laws , Leave a comment

Valuation of Stock Holdings & Interest on Debt in Arizona

Posted on : July 19, 2016, By:  Christopher Hildebrand
Valuation of Stock Holdings and Interest on Debt in Arizona

Valuation of Stock Holdings & Interest on Debt in Arizona In McCune v. McCune, 586 P. 2d 651 (1978), the Court considered whether a Trial Court had followed its instructions. The case involved a valuation of a divorcing wife’s share of a business run by her husband. Facts of the Case Mrs. McCune and Mr. […]

Posted in : Arizona Community Property Laws , Leave a comment

Authority of Divorce Courts to Require a Religious Divorce

Posted on : July 15, 2016, By:  Christopher Hildebrand
Authority of Divorce Courts to Require a Religious Divorce

Divorce Court’s Authority to Require a Jewish Divorce Arizona law allows the divorce court to address the financial and custody issues in a divorce. But can a court order a spouse to undertake a religious ceremony? In Victor v. Victor, 177 Ariz. 231, 866 P.2d 899 (1993) the Court of Appeals reviewed that issue. It […]

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When a Creditor May Take Sole and Separate Assets of a Spouse

Posted on : July 12, 2016, By:  Christopher Hildebrand
When a Creditor May Take Sole and Separate Assets of a Spouse in Arizona.

When a Creditor May Take Sole and Separate Assets of a Spouse In Majewski v. Eyre, 542 P.2d 1123 (1975), the Court of Appeals considered a wife’s liability for a debt. Mrs. Majewski and Mr. Majewski married in 1955 and divorced in 1972. In 1966, wife and husband entered into two separate agreements. First, they borrowed $15,000 […]

Posted in : Arizona Community Property Laws , Leave a comment

Commingling Separate Property With Community Property

Posted on : July 12, 2016, By:  Christopher Hildebrand
Proving Separate Property in an Arizona Divorce

Commingling Separate Property With Community Property Earnings of either spouse during a marriage are community property in Arizona. However, any money earned or assets acquired before a marriage by a spouse is the separate property of that spouse. An increase in value of that separate property during the marriage is also separate property. However, if […]

Posted in : Arizona Community Property Laws , Leave a comment