Arizona Divorce Blog | Hildebrand Law, PC

Unequal Division of Community Property

It is unusual, but sometimes a court may order an unequal division of community property in an Arizona divorce. The Arizona Court of Appeals in the case of In re the Marriage of Flowers addressed when a court may issue an order that unequally divides community property . . . Click Here to Read More.

Division of Property Not Included in Decree

The Arizona Court of Appeals addressed the issue of an Arizona trial judges authority to order the division of a home that was not divided or mentioned in the parties’ Arizona divorce decree. The question pertained to whether the trial court had the authority to . . . Click Here to Continue Reading.

Effect of Veterans Disability Payments on Alimony in Arizona

The question arises whether veterans disability benefits have an effect on a claim for alimony in an Arizona divorce or legal separation case. The Arizona Court of Appeals interpreted the Arizona statutes and concluded . . . Click Here to Read More.

Non-Modifiable Spousal Maintenance in Arizona

Some people want to ensure their financial security through an award of spousal maintenance in an Arizona divorce or legal separation. The discussion often turns to whether the spousal maintenance award should be modifiable or non-modifiable. The Arizona Supreme Court issued a ruling . . . Click Here to Read More.

What is Needed to Change Child Custody in Arizona

The court enters orders establishing the parents’ respective rights to legal decision making and parenting time. As time goes by, those orders may no longer be in your children’s best interests. The Arizona Court of Appeals addressed what a parent must allege and . . . Click Here to Read More.

When Are Pensions Paid After a Divorce in Arizona

The question is often asked when a spouse may expect to receive his or her community property share of the former spouse’s pension. Although a spouse may be eligible for retirement at the time of the divorce or sometimes thereafter can have a major impact on when a spouse may expect . . . Click Here to Read More.

Disability Benefits and the Impact on Arizona Property Laws

It is unfortunate when a person has to rely upon disability payments in order to support themselves. The issue becomes more complicated when the parties paid for the disability insurance with community funds and then choose to pursue a divorce. The question as to whether the ongoing disability payments are community property was addressed in the case . . . Click Here to Read More.

How to Modify or Terminate Non-Modifiable Alimony in Arizona

So, you and your former spouse agreed upon alimony and also agreed the alimony award would be non-modifiable; meaning the court does not have the authority to modify the alimony award. However, that was not the case according to the Arizona Court of Appeals in its decision issued in the . . . Click Here to Read More.

What You Can Modify in an Arizona Divorce Decree

Some provisions in a divorce decree may be modified while other parts of a divorce decree may not be modifiable absent some showing of fraud or other misconduct. You should know what is and what is not modifiable to ensure . . . Click Here to Read More.

Setting Aside a Settlement Agreement and Divorce Decree

Some people have signed a divorce settlement agreement and obtain a divorce containing the terms of their settlement agreement, but later discover the other spouse intentionally failed to disclose information that may have impacted the terms of the settlement agreement. You may be able to set aside the divorce decree if . . . Click Here to Read More.

Answers Regarding the Required Arizona Parenting Class

If you are going through a divorce, legal separation or even a child custody matter, you may already be aware you are required to attend a Parent Information Program class. The class is not what you may expect, The class is designed to . . . Click Here to Read More.

Statistics Regarding Divorce in Arizona

People sometimes ask whether the incidence of divorce is higher or lower over the past several years and what may be the cause for the change in the divorce statistics in Arizona. We provide you with reports on divorce statistics . . . Click Here to Read More.

Learn about he Effects of a Divorce on Children

One of the most difficult aspects of a divorce may be the effect the divorce has upon the children. Children have no control over the changes occurring in their lives or what they witness regarding the parents’ treatment of each other. Studies have shown . . . Click Here to Read More.

Learn About How to Get an Uncontested Divorce in Arizona

Divorce does not have to be a long, drawn out, and complicated ordeal filled with large legal fees and stress. An uncontested divorce can be completed in Arizona by . . . Click Here to Read More.

Humorous Quotes About Divorce

Divorce is a serious and very difficult emotional process and one to be taken seriously. However, humor can sometimes be the best remedy to counter the stress of a divorce. We searched for and found some of the more lighthearted humorous divorce quotes to make you laugh in hopes . . . Click Here to Read More.

Information on Where to Send Child Support

You may have either been ordered to pay child support or were ordered to receive child support from the other parent. Many people ask how and where they are to pay their child support payments. Fortunately, there are several options available to pay child support to . . . Click Here to Read More.

Age Limit for the Payment of Child Support

Many people wonder when a child support obligation ends in Arizona. Others wonder what you have to do to end child support and the Wage Assignment deducting the child support from his or her paycheck. There are steps you need to complete . . . Click Here to Read More.

Dividing and Enforcing Debts in an Arizona Divorce

A court is required to equitably divide community, common, and joint debts whenever a court issues a Decree of Dissolution of Marriage or Decree of Legal Separation. There are specific strategies, however, you should consider to make sure you do not get stuck with all of the debt if the other spouse fails to pay the debts . . . Click Here to Read More.

Grandparents Visitation Rights in Arizona

Many times grandparents want to spend time with their grandchildren. In many case, the parents of the children voluntarily cooperate with grandparents to allow them to spend quality time with the children. There are remedies, however, for grandparents to get a court order to visit their grandchildren if the parents do not allow . . . Click Here to Read More.

The Relationship Between Child Support and Debts in Arizona

The Arizona Court of Appeals considered in the Jorgensen v. Jorgensen case, among other issues, whether the amount of debt a parent has incurred should impact the calculation of child support. This appellate case has also been relied upon in child support contempt cases when a parent argues he or she cannot comply with the child support order because of the amount of . . . Click Here to Continue Reading.

Child Custody During an Arizona Divorce

One of the most important aspects of many divorce cases concerns what happens to the children. A divorce is not only disruptive to the parents, but can be incredibly difficult for the children to adjust to their parents’ divorce. The factors a court will consider . . . Click Here to Read More.

Should an Arizona Court Include Overtime When Calculating Child Support

Child support orders are based, in part, upon the gross incomes of the parents. However, what do you do when a parent has worked an extraordinary work schedule with a lot of overtime. Is that overtime included in the parent’s gross income. Well, the answer is “it depends”. The factors a court is required to consider . . . Click Here to Continue Reading.

Modification of Child Support When a Parent is Unemployed

Many parents find themselves unemployed or are facing a modification of child support in Arizona when an unemployed parent seeks to reduce his or her child support obligation. The Arizona Supreme Court issued a seminal decision on the factors the court should consider when deciding whether to attribute the unemployed parent’s earning ability or base . . . Click Here to Continue Reading.

How to Change a Child’s Last Name in Arizona

We often have disputes arise when one of the parents wants to change their child’s last name. This typically occurs when the two parents have different last names, such as when the parents are not married or if a former wife changes back to her maiden name either during or after a divorce. The Arizona Court of Appeals issued a ruling setting for the standards for changing a child’s last . . . Click Here to Continue Reading.

Required Parent Education Class

If you have filed for divorce or have served with divorce papers in an Arizona divorce, legal separation, paternity, or child custody case, you likely noticed one of the documents initially issued by the Court is a notice for you to take a parent education class. Those classes are designed to . . . Click Here to Continue Reading.

Divorce Forms in Arizona

If you are going through a divorce, one of the challenges you are going to experience is understanding all of the various required court forms you will need to complete. We wanted to provide you with a guide to the most common divorce forms you . . . Click Here to Continue Reading.

Visitation Rights for Grandparents in Arizona

Grandparents play an important role in the lives of children. In most cases, grandparents have many opportunities to spend time with their grandchildren. However, problems may begin to arise when the children’s parents get divorced. If the children’s parents become engaged in a custody battle, grandparents may be left out. Grandparents need to know how to file for grandparent visitation . . . Click Here to Read More.

How to Seal Divorce Court Records

Divorce is a difficult process. However, if you are not protecting your confidential financial and other personal information in your Arizona divorce you may be opening up your personal information for everyone to see. You need to understand about redacting certain documents and asking the court to seal . . . Click Here to Continue Reading.

Reasons People Get Divorced

Divorce rates are on the rise. Divorce can be devastating for both spouses and have a significant negative impact on children as well. Problems in your marriage should be addressed with open and honest communication. We want to provide you with some of the more common reasons for divorce in hopes you may be able . . . Click Here to Continue Reading.

Terminate Spousal Maintenance Payments

If you have been orders to pay spousal maintenance after an Arizona divorce or legal separation, you probably have thought about what you can do to stop having to pay spousal maintenance. There are reasons that justify a court terminating the original spousal maintenance awards. You simply need to know what . . . Click Here to Continue Reading.

Tips on Living Trusts in Estate Planning

Many people have questions regarding what a living trust is in an Arizona estate plan and whether their estate plan should include a living trust. We want to provide some guidance answering both questions. A living will in Arizona . . . Click Here to Continue Reading.

Cost of an Arizona Divorce

People going through a divorce in Arizona may already feel overwhelmed by the emotional impact a divorce may have upon many people, a concern regarding what will happen to them financially and in their relationship with their children. Next comes the concerns with understanding how much a divorce will cost. We wanted to give you some information on the costs of a divorce . . . Click Here to Continue Reading.

Process in an Arizona Divorce

If you are facing a divorce, it is imperative you understand the procedures you will likely face in an Arizona divorce case. Failure to follow the correct rules and divorce procedures may result in significant damage to your case. The most important things you should know are . . . Click Here to Continue Reading.

How to Order Divorce Documents in Arizona

Are you attempting to obtain copies of divorce records in Arizona and need to know where to start? Divorce cases are filed in the Superior Court of the county in which one or both of the parties resided at the time of the divorce. You may obtain records regarding your divorce by . . . Click Here to Continue Reading.

Divorce Records in Arizona

If you are going through a divorce or other family law case, your case and everything filed in that case is a matter of public record. Anyone can obtain copies of the documents filed in your case, which is a cause for significant concern by many people going through a divorce. However, there are options available to keep the details of your case private. For example, you may . . . Click Here to Continue Reading.

Divorce Without Children in Arizona

There are many people who are going through divorce in Arizona without children. An Arizona divorce without children is far less complicated than a divorce involving children. You still need to be aware of the terms and procedures you are likely to face, so we provided this useful explanation of . . . Click Here to Read More.

Arizona Alimony Calculators and Why They Don’t Work

The issue of alimony does not arise in every case, but it comes up enough that you need answers to some very important questions when it pertains to alimony payments. There are many Arizona alimony calculators online but they simply do not work. Instead, you must be aware . . . Click Here to Continue Reading.

Relocation of Children in Arizona Child Custody Cases

The Arizona Court of Appeals issued a decision regarding the relocation of children by a parent and how the Arizona statute designating 100 miles as a limit for relocation should be calculated in the case Michelle Vincent v. Jeffrey Nelson. The case addresses the issue of what to do if the custodial parent makes repeated moves to continually increase the distance . . . Click Here to Continue Reading.

Community Liability for a Spouse’s Sole and Premarital Debt

The Arizona Court of Appeals had to address the issue of the extent to which a married couple is reasonable for the premarital debts of one of the spouse’s. The appeals court held that . . . Click Here to Continue Reading.

Arizona Divorce Papers and What You Need to File

When preparing or attempting to get through a divorce, one thing that cannot be avoided is the influx of paperwork. You must ensure that your initial divorce papers are completed correctly. As a start, the initial Arizona divorce papers that are filed to begin a divorce is the Petition for Dissolution of Marriage, a Summons . . . Click Here to Continue Reading.

Parental Gatekeeping and Alienation in Arizona

Divorce in AZ with children can require additional considerations on the part of both the divorcing parents, as well as their attorneys. Divorces tend to be more emotionally charged when children are involved. One major issue that can disrupt a parent’s relationship with his or her children is . . . Click Here to Continue Reading.

Choosing a School When Parents Disagree

The Arizona Court of Appeals made a judgment on the issue of what standard the court must apply to determining school placement in Arizona when the parents do not agree, if a child can be precluded from attending a private religious school solely because one parent objects on religious grounds, and if a parent can be required to pay for tuition for a private religious . . . Click Here to Continue Reading.

The Strange World of Celebrity Divorce

Let’s face facts: the marriage and divorce of celebrities is so far removed from the average person’s experience. This infographic from JMW Solicitors provides some weird and wonderful statistics about the world of celebrity divorce . . . Click Here to Continue Reading.

Learn How Child Custody is Decided in Arizona

During a divorce, a couple will have to come to an agreement regarding many difficult issues. Out of all the decisions which are involved in a divorce, perhaps the most difficult, is in regards to child custody. You need to know the specifics . . . Click Here to Continue Reading.

Enforceability of Premarital Agreements in Arizona

The Arizona Court of Appeals made a decision on the validity of a premarital agreement and the division of marital assets in the case of Evan J. Pownall v. Sherilyn M. Pownall. In 1990, shortly after the parties began living together Evan purchased a home. He paid the down payment and mortgage using . . . Click Here to Continue Reading.

Make a Plan to Escape Domestic Violence

We all know that domestic violence is a serious problem, but many of us have done little to nothing to prevent it. With the escalating number of abusive relationships in our society, it is well past the time we all take a look at the effects of domestic violence. You need to have a plan . . . Click Here to Continue Reading.

Restraining Orders in Arizona

If you are considering leaving an abusive marriage, you should immediately contact an attorney with experience in cases involving domestic violence issues. Domestic violence is about control. Specifically, the abusers desire … Click Here to Continue Reading.

Division of Debts in an Arizona Divorce

We get a lot of questions about the division of marital assets. We get just as many questions about the division of debt during an Arizona divorce. Marital debts are treated the same as marital property. They will both be . . . Click Here to Continue Reading.

Dividing Military Retirement Benefits in an Arizona Divorce

If you or your spouse is a member of the military and one or both of you is considering divorce, you may have a lot of questions that don’t seem to fit the general mold. For instance, how is military retirement benefits divided during a divorce in Arizona? The Uniform Services Former Spouse’s Protection Act gives . . . Click Here to Continue Reading.

Do Arizona Courts Favor Mothers or Fathers When Deciding Custody?

Parenting children is the most important and rewarding endeavor you can undertake in your lifetime, regardless of your marital status. However, Mothers and Fathers have also argued and fought for decades over their right to obtain legal decision making (formerly “custody”) and parenting time (formerly “visitation”) rights . . . Click Here to Continue Reading.

Converting Separate Property Into Community Property

The Arizona Court of Appeals ruled on the subject of the sole and separate funds contributed to marital property and how that property will be distributed in the case of Joseph B. Malecky v. Lana C. Malecky. Shortly after the parties were married in 1978, they purchased a residence, for which Lana contributed . . . Click Here to Continue Reading.

How Long a Divorce Case Can Last

There are many factors that affect the length of time it takes to get divorced in Arizona. This article explains the three most important factors that affect the length of time your Arizona divorce may take. Specifically, the first and most important factor is . . . Click Here to Continue Reading.

Marital Property Laws in Arizona

If you are going through a divorce in Arizona it is imperative you understand the Arizona marital property laws that will be applied to your case. Understanding the difference between marital property and non-marital property is critical to receiving . . . Click Here to Continue Reading.

Guide to Divorce for Men in Arizona

Many men are facing the unexpected reality of a divorce in Arizona when their wives choose to pursue a divorce. It is important, therefore, for those men to know what they can do to . . . CLICK HERE TO CONTINUE READING.

Coping With Divorce in Arizona

A divorce is a highly emotional and difficult time for anyone involved in a divorce or other family law case. The stress comes from three primary aspects that apply in almost every divorce and include . . . CLICK HERE TO CONTINUE READING.

Limits on Enforcement of Property Settlement Agreements

The Arizona Supreme Court in the case of Proffit v. Proffit determined whether the wife in the case could be held in contempt of court for failing to turn over funds she received as a result of cashing in husband’s sole and separate bonds owned by the husband prior to the parties’ marriage. The defendant, Jeanne C. Proffit . . .CLICK HERE TO CONTINUE READING.

How to Enforce Parenting Time

The divorce is final and you were issued your final decree. It included a detailed parenting time and visitation outline that both you and your ex agreed to follow or the court ordered. But now ex is not adhering to the parenting plan as agreed. What can you do . . . CLICK HERE TO CONTINUE READING.

Estate Planning Arizona | What You Should Be Considering

In today’s busy world it’s important to keep things simple. We strive to keep our priorities straight. We do our best to focus on what really matters and let all the other distractions go. It can be hard . . . CLICK HERE TO CONTINUE READING.

Modification of Child Support in Arizona

Once the divorce decree is in hand, both parties in the dissolution tend to move on with their lives. As was the case before their divorce, there will be new relationships, new jobs, new homes. So, when is is appropriate to seek a modification of child support . . . CLICK HERE TO CONTINUE READING.

Emergency Child Custody Order in Arizona

In emergency situations, the court may consider an emergency modification of parenting time. The court does not alter child custody arrangements that appear to be working for all parties involved. They base their determinations and modifications on the best interests of the child and . . . CLICK HERE TO CONTINUE READING.

Community Property Lien on a Sole and Separate Business in Arizona

The Arizona Court of Appeals in the case of Potthoff v. Potthoff had to address an Arizona divorce court’s ruling that land husband owned prior to marriage was transmuted from separate property to community property and, thus, wife, Gertrude Potthoff, was entitled to an equitable share of . . . CLICK HERE TO CONTINUE READING.

Legalization of Same-Sex Marriage

The United States Supreme Court issued its ruling regarding the issue of the constitutionality of same-sex marriage bans, as well as a state’s recognition of same-sex marriage licenses. The Court’s ruling focused upon 14th Amendment provides that no state could “deprive any person of life, liberty, or property, without . . . CLICK HERE TO CONTINUE READING.

Jurisdictional Limits Placed Upon Arizona Divorce Court’s

The Arizona Supreme Court addressed the issue of the limits of an Arizona divorce court’s authority to issue certain orders in the case of Weaver v. Weaver. The underlying facts of the case are relatively straight forward. At trial, the Wife, Joene Weaver, in the Arizona divorce trial presented evidence . . . CLICK HERE TO CONTINUE READING.

Arizona Child Custody Laws

Arizona child custody orders, the modification of those orders, and the enforcement of those orders are made a judge of the superior court in the county in which the child resides. City and justice court judges have no authority to issue orders establishing, modifying, or enforcing child custody orders issued . . . CLICK HERE TO CONTINUE READING.

Selling a Home During Divorce in Arizona

The Arizona Court of Appeals issued a decision in Saxon v. Riddel that impacts anyone going through an Arizona divorce. The trial court ordered the sale of community property during a divorce. The case went before the Court as a Special Action because the trial judge issued an order requiring the sale of a jointly owned mobile home park over Wife’s objection and . . . CLICK HERE TO CONTINUE READING.

Waiving a Community Property Interest in a Home in an Arizona Divorce

The Arizona Court of Appeals issued a seminal decision regarding the effect of signing a Disclaimer Deed on a home purchased during an Arizona marriage in the case of Bell-Kilbourne v. Bell-Kilbourne. The evidence established at trial that Husband signed a Disclaimer Deed to a home bought during the parties’ marriage and . . . CLICK HERE TO CONTINUE READING.

Find Out if You Are Entitled to Spousal Maintenance in Arizona

Some people refer to financial support being paid by one spouse to the other spouse as alimony or spousal maintenance. Both the term alimony and spousal maintenance are interchangeable. There are several things an Arizona court must consider when ruling on a spouse’s claim for spousal maintenance. The first factor is . . . CLICK HERE TO CONTINUE READING.

What Controls When an Arizona Trust Conflicts With a Beneficiary Deed

The Arizona Court of Appeals recently considered for the first time in Arizona whether Arizona trust property may be conveyed by a beneficiary deed. The court answered no in the matter of In Re Augusta Ganoni, No. 1 CA-CV 14-0240 (App. 2015), Ganoni executed a beneficiary deed to transfer . . . CLICK HERE TO CONTINUE READING.

Modifying Spousal Maintenance Because the Former Spouse is Living With Someone Else

The Arizona Court of Appeals issued a decision regarding whether a former spouse’s cohabitation with another person provides a basis to modify or terminate an Arizona spousal maintenance award. The facts of the case were very straightforward. Aimee obtained a divorce from her husband, Charles. Aimee subsequently . . .CLICK HERE TO CONTINUE READING.

Different Types of Joint and Sole Child Custody in Arizona

Everyone knows what the word divorce means. Many people who are contemplating a divorce have a clear understanding of the various forms of child custody an Arizona divorce court may order. There are two aspects of child custody . . . CLICK HERE TO CONTINUE READING.

Arizona Community Property Lien on Sole and Separate Property

The Arizona court of appeals in the Patricia Rowe v. Jack Rowe case was faced with an appeal concerning the characterization of a business as Jack’s sole and separate property or the parties’ community property, a community lien against Jack’s business, as well as the correct valuation methodology to use to value that business . . . CLICK HERE TO CONTINUE READING.

Step-Parenting After Divorce

Divorce is a major adjustment for everyone. Kids sometimes have a harder time post-divorce than their parents do. Then there’s the added challenge of helping stepchildren . . . CLICK HERE TO CONTINUE READING.

Co-Parenting Tips for Arizona Families

There’s an old phrase that isn’t used nearly as often today as it was a few decades ago, “Don’t cry over spilled milk.” It’s an excellent saying to keep in mind when attempting to adjust from married parents to divorced co-parents. Learning how to co-parent is . . . CLICK HERE TO CONTINUE READING.

Step Parenting Advice

If you are part of a blended family, you know that being a stepparent can be difficult. It can also be extremely rewarding, but it takes concentrated effort. If you aren’t sure where to start, consider these tips . . .CLICK HERE TO CONTINUE READING.

2015 Arizona Child Support Calculator

Are you looking for the new 2015 Arizona child support calculator. You need to know that the new version of the Arizona Child Support Guidelines took effect August 1, 2015. You can find the new Arizona Child Support Calculator . . . CLICK HERE TO CONTINUE READING.

Arizona Order of Protection Help

Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). Arizona allows victims of domestic violence to obtain an Order of Protection to . . . CLICK HERE TO CONTINUE READING.

Arizona Spousal Maintenance Guidelines: A Thing of the Past

The Arizona Spousal Maintenance Guidelines were reviewed and approved on October 16, 2002 by the Maricopa County Superior Court Family Law Department. However, those guidelines did not last long because . . . CLICK HERE TO CONTINUE READING.

Arizona Powers of Attorney For Estate Planning

A Power of Attorney or POA is a legal document that is put in place to designate another person to act on your behalf to make all decisions (in specific matters or in all matters depending upon the POA. The most common question . . . CLICK HERE TO CONTINUE READING.

Protect Children From Divorce

How is your divorce going to impact your children? It’s a question that keeps parents awake at night. Regardless of what stage of divorce you are in, the worry for the children is real. For many, it may have been . . . CLICK HERE TO CONTINUE READING.

Learn about Arizona Living Trusts

What is a living trust? A family trust, also known as an inter vivos family trust, is an arrangement that designates a “trustee” to hold legal title of property for another person or beneficiary. When creating a living trust, you can designate . . . CLICK HERE TO CONTINUE READING.

Same-Sex Marriage Deemed A Constitutional Right

The Supreme Court issued a ruling resolving the national issue of whether same-sex couples have a constitutional right to marry, along with all of the rights and responsibilities that come with the institution of marriage. The ruling . . .CLICK HERE TO CONTINUE READING.

Arizona Wills and Trusts

To put it simply, if you don’t have a Last Will and Testament, the Government makes one for you. If you don’t utilize a Last Will and Testament to designate the division of your assets, your assets and estate will be distributed . . .CLICK HERE TO CONTINUE READING.

Arizona Estate Planning in Arizona

If you think you don’t need an estate plan because you don’t have an excessive amount of assets, you should consider the fact that most people with estate plans aren’t juggling millions. Creating an estate plan can benefit you even if you don’t have a sizable nest egg, trust fund or real estate holdings. You should understand the benefits of having a properly drafted Arizona estate plan because . . . CLICK HERE TO CONTINUE READING.

Arizona Orders of Protection | What to Know

An order of protection in Arizona is an official legal document that is signed by a judge. It is filed against a current or former family member or household member, etc. The order of protection is used to force the specified individual to . . . CLICK HERE TO CONTINUE READING.

How to Add a Father’s Name to a Child’s Birth Certificate

When the need arises to establish paternity for your child who is under 18 years of age, you can do so fairly easily as long as both parents are in agreement regarding the identity of the biological father. Most parents choose to complete the paperwork establishing . . . CLICK HERE TO CONTINUE READING.

How to Get an Order of Protection in Arizona

Too often, cases of domestic violence result in physical and emotional damage to parents and their children. In many cases, the escalation is slow. The level of violence built up at a rate that left the spouse who is being victimized or witnessing the victimization of . . . CLICK HERE TO CONTINUE READING.

How to Modify Child Custody and Visitation in Arizona

A modification to a custody order can be made when parents ask the court to change a custody decision that was made previously. When parents file for legal separation or divorce and they cannot agree on . . . CLICK HERE TO CONTINUE READING.

Learn if You Can Stop an Arizona Divorce

If your spouse files a Petition for Divorce and you aren’t ready to give up on your marriage, it can be extremely devastating. If, after your spouse files, you still don’t want to get divorced, you can request . . . CLICK HERE TO CONTINUE READING.

Enforceable Arizona Prenuptial Agreements

The prenuptial agreement, according to Arizona law, is defined as “an agreement between prospective spouses that is made in contemplation of marriage and that is effective upon marriage.” The prenuptial agreement is intended to protect . . . CLICK HERE TO CONTINUE READING.

How to Reclaim Your Maiden Name After Divorce

The Arizona divorce process can be long and many find it to be draining. It may even leave you feeling out of control. Regardless of what has happened in the past, it can help to remind yourself that the future is a fresh start. You can reclaim your maiden name by . . . CLICK TO CONTINUE READING.

Learn How Is Spousal Maintenance Calculated

One of the main concerns during divorce proceedings is the determination of alimony, spousal support, or spousal maintenance. All result in one spouse paying the other spouse monetary support after a divorce. How does the court determine support/alimony payments during divorce proceedings? Find out by CLICKING HERE TO CONTINUE READING.

Enforcing Visitations Rights in Arizona

When your divorce is final, the court will issue a divorce decree. Your divorce decree outlines the details of your parenting plan. If at any time after the divorce, parenting time and visitation as ordered by the court is not being followed by your ex-spouse, you should . . . CLICK HERE TO CONTINUE READING.

How to Modify Alimony in Arizona

If you already have a divorce decree in hand, but you feel that the spousal support/alimony is not adequate for the current situation, you can request a modification. You have the burden of proving . . . CLICK HERE TO CONTINUE READING.

How Long Does it Take to Get a Legal Separation in Arizona

When it becomes apparent a marriage is ending, there are two main choices: divorce and legal separation. Getting a divorce is a last resort for married couples leading many to opt for legal separation as the first step when they fear the marriage may not work out. The time it takes to complete the process is . . . CLICK HERE TO CONTINUE READING.

Things to Do in an Child Custody Case

Many who are considering divorce in Arizona procrastinate filing because they are worried about child custody issues. If you find yourself in this category, you’ve probably asked yourself so many questions they’ve started to blur together. Will I get custody? What’s sole custody? Is joint custody the best option? What if I don’t feel my kids are safe with my ex? Can I get sole custody of my child? There are things you can do to . . . CLICK HERE TO CONTINUE READING.

How Arizona Judges Calculate Spousal Maintenance

Reasons to File Legal Separation Instead of Divorce in Arizona

Individuals and couples who are interested in ending their marriage will often compare legal separation and divorce. Some assume that a legal separation is pointless if they are already sure that their marriage is ending in divorce when, in fact, legal separation has several benefits and advantages, including . . . CLICK HERE TO CONTINUE READING.

Arizona Divorce Process

A divorce, or dissolution of marriage as it is referred to legally, is the court procedure used to end a marriage. The individual who “starts” the divorce is termed the Petitioner, while the other party in the divorce is termed the Respondent. Either spouse may petition . . . CLICK HERE TO CONTINUE READING.

What to Do When Served Divorce Papers – Arizona Divorce Process

It is important not to ignore the papers that have been served upon you. The summons that was served upon you will inform you of deadlines you must meet to protect your legal rights. One such right is . . . CLICK HERE TO CONTINUE READING.

Social Media and Divorce Cases

Almost all divorce lawyers are aware how helpful or damaging posts on clients’ Facebook pages can be in a divorce or child custody case. We are seeing more and more Facebook and other social media posts being introduced as relevant evidence in family law cases. Taking those posts down because of a divorce can lead to sanctions against . . . CLICK HERE TO CONTINUE READING.

Is a Presumption of Equal Parenting Time in Arizona Good for Children?

You should first know that the law in Arizona does not have a presumption that equal parenting time should be ordered absent a showing to the contrary. Renowned psychologist, Dr. Phillip Stahl, spoke at the 2015 American Bar Association Spring Family Law Conference on the subject and he pointed out . . . CLICK HERE TO CONTINUE READING.

Does Filing for Divorce Mean You Are Legally Separated?

Many people have asked if they are legally separated as soon as they file for divorce in an Arizona family law court. The filing of a divorce petition in Arizona does not render you legally separated . . . CLICK HERE TO CONTINUE READING.

Modification of Child Custody Orders in Arizona

As a general rule, you cannot modify child custody, now referred to as legal decision making, or parenting time until at least one year has passed since the last child custody or parenting orders were issued by the court. An exception to that general rule is if . . . CLICK HERE TO CONTINUE READING.

No Contest Provision Enforced in an Arizona Estate Planning Family Trust

It is common for individuals to include a “no contest” (i.e., in terrorem) clause in their Living Will and/or Family Trust in Arizona. The provision typically provides that an heir to the estate forfeits their inheritance if they attack the validity of the estate planning documents in Court. The Arizona Court of Appeals had to decide whether such provisions are enforceable in . . . CLICK HERE TO CONTINUE READING.

Find the Best Arizona Divorce Attorney For Your Divorce

Many people searching for a family law attorney have no idea where to turn for advice on how to find the best family law attorney for their case. Some of the more common things you can do to locate the best divorce and family law lawyer for your case include asking friends and trusted business associates . . . CLICK HERE TO CONTINUE READING.

What Types of Family Trusts Are There in Arizona

Over the years, more Americans are recognizing the value and benefits associated with establishing a trust when planning the future of their estate. Choosing to establish a trust rather than draft a will is known to be more efficient financially since it avoids probate, it allows the assets of the estate . . . CLICK HERE TO CONTINUE READING.

Effect of a Failure to Include an Issue in Divorce Pretrial Statement

Trial by ambush might not be an accepted practice in Arizona, but thanks to a recent Court of Appeals decision, failing to disclose positions related to property in a divorce case, might get you closer to it, but all hope is not lost. On May 30, 2013, in Nold v. Nold, the Arizona Court of Appeals reversed . .CLICK HERE TO CONTINUE READING.

Community Property vs. Sole and Separation Property in an Arizona Divorce

The process of getting a divorce involves the division of assets and earnings between the married couple. Property settlements are just one issue that has to be resolved in the divorce process. In Arizona, a property is categorized as either separate or community property and it will . . . CLICK HERE TO CONTINUE READING.

A Judge Can’t Delegate Child Custody Decisions in Arizona to a Third Party

The Arizona Court of Appeals issued a decision in Depasquale v. Superior Court regarding the courts’ discretion to defer a judicial decision to an expert witness in Diane DePasquale v. Superior Court of the State of Arizona. The trial court . . .CLICK HERE TO CONTINUE READING.

Should You Choose A Revocable Living Trust

Are you trying to determine if you need a Simple Will or a Family Trust? When it comes to matters of your estate, you do not want to make a decision lightly. Whether you are trying to determine who will inherit your property or who you will choose to carry out your wishes, these are important matters that need to be discussed with . . .CLICK HERE TO READ MORE.

Understanding Some of the Different Types of Trusts in Arizona

Division of Stock Options As Community Property

The Arizona Court of Appeals in the matter of Brebaugh v. Deane issued a decision regarding whether stock options that have not vested before the petition of dissolution is served can be divided as community property of the marriage in a divorce in Arizona . . .CLICK HERE TO CONTINUE READING.

Child Custody in Arizona

In the unpublished decision of Contreras v. Bourke, the Arizona Court of Appeals addressed whether a mother, Nancy, was denied due process of law when an Arizona family court judge issued an order decreasing the amount of time she could spend with the parties’ child. It is important to note CLICK HERE TO CONTINUE READING.

Arizona Divorce Laws on Infidelity in a Marriage

Although going through a divorce can be a devastating emotional process, the intensity of those emotions is typically intensified when the divorce is the result of adultery. Many people have questions regarding the effect an adultery has . . . CLICK HERE TO CONTINUE READING.

Is a Marriage Valid in Arizona if the Marriage License is Not Recorded?

The Arizona Court of Appeals issued an opinion on the validity of a marriage where the marriage license was not recorded in the case of The State of Arizona v. Donald Allen Guadagni . . . CLICK HERE TO CONTINUE READING.

If you have a question about family law or estate planning in Arizona, please call to speak to one of our experienced Scottsdale and Phoenix Arizona family law or estate planning attorneys at (480)305-8300.

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