Table of Contents
How to Handle Arizona Complex Divorce Cases
Many Arizona divorce attorneys are equipped with the experience to represent clients in simple divorce cases. Fewer divorce attorneys, however, have the necessary experience and knowledge to handle complex divorce cases in Arizona.
Other family law attorneys in Arizona have referred some of their potential clients to Hildebrand Law, PC because of our ability to effectively handle such complex divorce cases.
A divorce is classified as a complex divorce case in Arizona because of the complicated nature of the issues in the case and/or because one of the parties is attempting to use the legal system to abuse and/or control the other party. We want to provide information regarding both causes of a complex divorce case and share tips on what you can do to minimize the emotional and financial cost of a complex divorce case.
There are several issues that exist in almost every divorce case. The parties may have children and need child custody and parenting time orders entered by the Court. The parties also need to address child support and, in some cases, alimony issues. The parties also have to resolve the division of their assets and debts. One or more expert witnesses may be involved in a complex divorce case.
Complex Child Custody Cases in Arizona
A complex child custody case may include allegations of the emotional, physical, sexual abuse or neglect of a child by the other spouse. Sometimes these allegations are true and sometimes they are not true. Sometimes the person asserting the allegation of abuse against a child is doing so for the sole reason of interfering with that parent’s relationship with the child and sometimes the person asserting the allegation truly believes the other spouse has abused his or her children.
Complex child custody cases are undoubtedly highly emotional. Many experts may be necessary to unravel the allegations to determine if a child will be placed in danger of harm if the other parent has unrestricted access to his or her children. The children may be placed in therapy with a counselor who has experience counseling children who have allegedly been abused.
There are very few counselors who have a particular skill and experience to properly counsel children in child abuse cases. A qualified child abuse counselor will know not to ask the child leading questions and will also understand how to evaluate the reliability of any disclosures the child may make regarding abuse or neglect during counseling.
The court may also appoint a child custody evaluator to complete an investigation into the allegations, as well as the other child custody factors a court must consider before issuing child custody order, and issue a report containing his or her opinion and recommendations regarding what child custody and parenting time arrangements are in the best interests of the children. The opinions of these experts may carry a lot of weight in the judge’s final orders, but they are not controlling.
It is imperative you have an attorney who has the ability, processes, and procedures to educate these experts during their evaluations and to understand how to interpret and, if necessary, challenge the basis of the expert’s conclusions and recommendations. We have successfully bolstered the reports of expert witnesses and have successfully had some or substantially all of the findings and recommendations of these experts disregarded by the court.
Complex Child Support and Alimony Issues in Arizona
Complex child support and alimony cases in Arizona typically arise when one of the parties’ income is not easily determined because they are either self-employed and do not accurately represent their income on business financial statements or are paid in cash, which is not reported on their business financial statements.
Your attorney should be equipped with the experience and knowledge on how to use various methods to uncover hidden income. There may also be questions pertaining to whether an unemployed spouse has the necessary skills to return to the workforce to earn an income sufficient to pay their living expenses or contribute to the support of the parties’ children.
A vocational evaluator may be necessary to evaluate the prior education, training, and experience a spouse may rely upon to obtain employment, as well as to issue a report containing his or her expert opinion regarding the various jobs a particular spouse may be able to secure, the amount of salary and other employment benefits the spouse is eligible to obtain, and the future growth in salary and benefits the spouse should be able to earn in the future.
Child support and alimony cases can also be complicated due to one spouse claiming either a physical or mental disability that impacts their ability to obtain employment. If the court finds the spouse has a condition that affects his or her ability to work, the court could order the other spouse to pay alimony indefinitely.
In such cases, an attorney should obtain all of the spouse’s medical records and, at a minimum, have them reviewed by an independent medical professional to evaluate whether the doctor who made the diagnosis followed the correct protocol in reaching his or her conclusion.
You may also retain an expert witness to conduct an Independent Medical Examination of the spouse claiming the disability to refute the spouse’s claim of a disability. It may also be appropriate to hire a private investigator and interview various witnesses who may have witnessed the spouse participating in physical or other activities that are inconsistent with the claimed disability.
Complex Community Property Issues in Arizona
Complex community property issues in an Arizona divorce case typically involve the valuation of a business that was either started during the marriage or was the separate business of a spouse but that business has increased in value thereby creating a community property interest in that business.
The Arizona Court of Appeals has ruled the trial judge has broad discretion regarding which valuation methodology should be used and whether the community’s interest in the business should or should not be divided in the divorce.
The differing valuation methodologies, as well as the evaluation of the income, expenses, assets, and debts of the business necessarily require you hire an attorney with a financial background to ensure the expert and the court are applying the correct methodologies and have come to the correct conclusions with respect to the value of the business.
It is also important that your attorney understand the interplay between alimony and an award of a community interest in the business since both alimony and the value of the business are both primarily determined based upon the income produced by the business.
Complex Divorce Cases Because of an Abusive and Controlling Spouse
A divorce case may also be classified as complex if one or both of the parties simply wish to use the legal system as a way to harass or control the other party or one or both parties have a personality disorder. These can be the most complex divorce cases because it may take a long time before the unreasonable spouse may engage in obstructionist, litigious, and abusive litigation tactics for a very long time.
If children are involved, most qualified child custody evaluators will require both parties to take various psychological tests for the purpose of obtaining some information regarding the mental health of each party. However, these tests are not likely to result in an actual diagnosis of a personality disorder. You may, therefore, also need to hire an expert to conduct a full psychological and/or psychiatric evaluation to dig deeper into the mental health of one or both of the parties.
If a diagnosis is made and the diagnosis impacts the parent’s ability to parent his or her children, the court may order the parent to participate in continued therapy to protect the best interests of the children.
If you have questions about complex divorce cases in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona divorce and family law attorneys have over 100 years of combined experience successfully representing clients in divorce and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your divorce or family law case around today.
More Articles About Divorce in Arizona
- ARIZONA DIVORCE PRACTICE
- CAN MY SPOUSE BE ORDERED TO PAY MY ATTORNEY FEES IN ARIZONA
- HOW TO APPEAL A DIVORCE DECREE IN ARIZONA
- MISLED INTO SIGNING DIVORCE SETTLEMENT IN ARIZONA
- MODIFYING A DIVORCE DECREE IN ARIZONA
- WHY MEDIATE YOUR DIVORCE IN ARIZONA
- HOW TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- FUNNY DIVORCE QUOTES IN ARIZONA
- LEARN ABOUT UNCONTESTED DIVORCE IN ARIZONA
- ARIZONA DIVORCE LAWS
- EFFECTS OF DIVORCE ON CHILDREN IN ARIZONA
- DIVORCE STATISTICS IN ARIZONA
- PARENTING CLASS DURING A DIVORCE IN ARIZONA
- MERGER OR INCORPORATION OF SETTLEMENT AGREEMENT IN ARIZONA
- HIGH NET WORTH DIVORCE ARIZONA
- HIGH ASSET DIVORCE IN ARIZONA
- SEALING COURT RECORDS IN AN AZ DIVORCE
- REASONS TO FILE FOR DIVORCE IN ARIZONA
- HOW MUCH DOES A DIVORCE COST IN ARIZONA
- ARIZONA DIVORCE RECORDS SEARCH
- DIVORCE IN ARIZONA WITHOUT CHILDREN
- DOMESTIC VIOLENCE AND DIVORCE IN ARIZONA
- MILITARY DIVORCE LAWS IN ARIZONA
- GUIDE TO DIVORCE FOR MEN IN ARIZONA
- COPING WITH DIVORCE IN ARIZONA
- DIVORCE COURT JURISDICTION ARISES FROM STATUTES IN ARIZONA
- ARIZONA DIVORCE LAWS ON ADULTERY
- FAILURE TO INCLUDE AN ISSUE IN AN ARIZONA DIVORCE
- SOCIAL MEDIA EVIDENCE IN DIVORCE IN ARIZONA
- WHAT TO DO WHEN SERVED WITH DIVORCE PAPERS IN ARIZONA
- SEVEN STEPS OF THE ARIZONA DIVORCE PROCESS: ULTIMATE GUIDE TO DIVORCE
- CHANGE TO MAIDEN NAME AFTER DIVORCE IN ARIZONA
- STOP AN ARIZONA DIVORCE
- ARIZONA DIVORCE DEBT
- MARITAL SETTLEMENT AGREEMENT IN ARIZONA
- SELLING COMMUNITY PROPERTY DURING A DIVORCE IN ARIZONA
- HOW TO OBTAIN A DIVORCE AFTER LEGAL SEPARATION IN ARIZONA
- WHAT REASONS DO I NEED TO OBTAIN A DIVORCE IN A COVENANT MARRIAGE IN ARIZONA
- CONVERT TO A COVENANT MARRIAGE IN ARIZONA
- WHAT IS A COVENANT MARRIAGE IN ARIZONA
- WHAT HAPPENS IF THE DIVORCE CASE GOES TO TRIAL IN ARIZONA
- HOW IS A DIVORCE FINALIZED IN ARIZONA
- DIVORCE CASE IS ON THE INACTIVE CALENDAR IN ARIZONA
- WHAT IS A FAMILY LAW MASTER IN AN ARIZONA DIVORCE CASE
- DOES THE COURT OFFER SERVICES TO SAVE A MARRIAGE IN ARIZONA
- WHAT IS A DEFAULT DIVORCE IN ARIZONA
- SERVED WITH DIVORCE PAPERS IN ARIZONA
- HOW LONG DOES UNCONTESTED DIVORCE TAKE IN ARIZONA
- CAN I STOP A DIVORCE IN ARIZONA IF I CHANGE MY MIND
- HOW LONG DOES IT TAKE TO GET TEMPORARY ORDERS IN AN ARIZONA DIVORCE CASE
- ADVANTAGE FOR FILING DIVORCE FIRST IN ARIZONA
- EFFECT OF ADULTERY ON AN ARIZONA DIVORCE
- CAN I REPRESENT MYSELF IN AN ARIZONA DIVORCE CASE
- WHAT IS A TEMPORARY ORDERS HEARING IN ARIZONA
- WHAT HAPPENS AT A TEMPORARY ORDERS HEARING IN ARIZONA
- HOW LONG DOES A CONTESTED DIVORCE TAKE IN ARIZONA
- ARE PRENUPTIAL AGREEMENTS ENFORCEABLE IN ARIZONA
- HOW TO FIND GOOD DIVORCE ATTORNEY IN ARIZONA
- SERVING DIVORCE PAPERS BY PUBLICATION IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- SAME-SEX DIVORCE IN ARIZONA
- CONCILIATION COURT SERVICES IN ARIZONA
- DIVORCE AND CHILDREN IN ARIZONA
- SEVEN DOCUMENTS YOU NEED TO FILE FOR DIVORCE IN ARIZONA
- DIVORCE SUPPORT GROUPS IN ARIZONA
- QUICK DIVORCE IN ARIZONA
- NO FAULT DIVORCE IN ARIZONA
- HOW TO GET A DIVORCE IN ARIZONA WHEN YOU CANNOT FIND YOUR SPOUSE
- WHAT IS A PRELIMINARY INJUNCTION IN AN ARIZONA DIVORCE
- ARIZONA DIVORCE ATTORNEY REVIEWS
- DISSOLUTION OF MARRIAGE IN ARIZONA: STEPS TO DISSOLVE A MARRIAGE
- SHOULD I KEEP THE HOUSE IN A DIVORCE IN ARIZONA
- HOW LONG DO YOU HAVE TO BE SEPARATED BEFORE DIVORCE IN ARIZONA
- COLLEGE EXPENSES AFTER DIVORCE IN ARIZONA
- HIGH CONFLICT DIVORCE IN ARIZONA
- VOID AND PROHIBITED MARRIAGES IN ARIZONA
- WHAT HAPPENS AT A RESOLUTION MANAGEMENT CONFERENCE IN ARIZONA
- ARIZONA DIVORCE DOCUMENT PREPARATION SERVICE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- DISMISSAL OF AN APPEAL FOR NOT OBEYING ORDERS IN A DIVORCE IN ARIZONA
- WHAT HAPPENS TO FROZEN EMBRYOS IN A DIVORCE IN ARIZONA
- CORRECTING A MISTAKE IN AN ARIZONA DIVORCE DECREE
- ARE YOU MARRIED TO A NARCISSIST
- DIVORCING A NARCISSIST IN ARIZONA
- FINDING A REALTOR DURING A DIVORCE IN ARIZONA
- ENFORCING A PROMISE IN A DIVORCE IN ARIZONA
- WHEN IS A DIVORCE FINAL TO FILE AN APPEAL IN ARIZONA
- FAILURE TO INCLUDE AN ISSUE IN A PRETRIAL STATEMENT IN ARIZONA
- START DATE FOR TEMPORARY SUPPORT IN ARIZONA
- EFFECT OF CHANGING JUDGES DURING A DIVORCE IN ARIZONA
- FAILURE TO SIGN VERIFICATION OF DIVORCE FORM IN ARIZONA
- CHANGING POSITIONS DURING A DIVORCE TRIAL IN ARIZONA
- HOW TO WORK EFFECTIVELY WITH AN ATTORNEY WHEN YOU DIVORCE A NARCISSIST
- NARCISSIST DIVORCE ADVICE IN ARIZONA
- DEFENSES TO ENFORCEMENT OF A PRENUPTIAL AGREEMENT IN ARIZONA
- CONTESTING A PRENUPTIAL AGREEMENT IN ARIZONA
- CAN A JUDGE REJECT A DIVORCE SETTLEMENT IN ARIZONA
- ARE POSTNUPTIAL AGREEMENTS VALID IN ARIZONA
- INTERNATIONAL DIVORCE IN ARIZONA
- TIPS ON HIRING AN ARIZONA DIVORCE LAWYER
- OPENING BRIEF IN AN ARIZONA FAMILY LAW APPEAL
- DIVORCE TIPS IN ARIZONA
- COMPLETE VERSUS PARTIAL DIVORCE AGREEMENT IN ARIZONA
- DISQUALIFICATION OF ATTORNEY IN AN ARIZONA DIVORCE
- FAILURE TO FILE MARRIAGE LICENSE IN ARIZONA
- LATE DISCLOSURE OF EVIDENCE IN AN ARIZONA DIVORCE CASE
- MISSED COURT DATE IN AN ARIZONA DIVORCE CASE
- COHABITATION AGREEMENTS IN ARIZONA
- FINANCIAL AGREEMENTS BETWEEN UNMARRIED COUPLES IN ARIZONA
- ARIZONA DIVORCE COURT AUTHORITY FOR RELIGIOUS DIVORCE
- PREMARITAL AGREEMENT FROM OTHER STATE IN ARIZONA
- RATIFICATION OF VOIDABLE MARRIAGE IN ARIZONA
- FULL FAITH AND CREDIT AND PERSONAL JURISDICTION IN ARIZONA DIVORCE
- WHAT IS A RULE 69 AGREEMENT IN ARIZONA
- WHAT TO DO DURING A DIVORCE IN ARIZONA
- YOU’RE GETTING A DIVORCE IN ARIZONA, ARE YOU SURE YOU WANT THE HOUSE?
- ENFORCING A PREMARITAL AGREEMENT IN ARIZONA
- ENFORCING UNSIGNED DIVORCE SETTLEMENT IN ARIZONA
- ARIZONA INDUSTRIAL COMMISSION MUST RECOGNIZE VALIDITY OF SUPERIOR COURT RULING REGARDING MARITAL STATUS
- DEATH OF A SPOUSE STOPS A DIVORCE IN ARIZONA
- APPEALING TEMPORARY ORDERS IN ARIZONA
- JURISDICTION ON PROCEDURAL ISSUES IN AN ARIZONA DIVORCE
- CHANGING JUDGES IN AN ARIZONA DIVORCE
- SANCTIONS FOR LEGAL MALPRACTICE IN A DIVORCE IN ARIZONA
- CORROBORATION REQUIRED IN AN ARIZONA FAULT DIVORCE
- MODIFICATION OF SETTLEMENT AGREEMENT IN ARIZONA
- ESTABLISHING EXTRINSIC FRAUD IN AN ARIZONA DIVORCE
- TIME LIMIT TO ENFORCE DIVORCE DECREE IN ARIZONA
- ATTORNEY’S CONFLICT OF INTEREST IN AN ARIZONA DIVORCE
- CONTESTED VS. UNCONTESTED DIVORCES IN ARIZONA
- CHANGING ATTORNEYS DURING A DIVORCE IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- STATUTE OF LIMITATIONS ON A DIVORCE DECREE IN ARIZONA
- QUESTIONS TO ASK A DIVORCE LAWYER IN ARIZONA
- SITUATIONS BEST FOR DIVORCE MEDIATION IN ARIZONA
- WHEN IS MEDIATION A BAD IDEA IN ARIZONA
- WHEN IS MEDIATION A GOOD IDEA IN AN ARIZONA DIVORCE
- ATTACKING A POSTNUPTIAL AGREEMENT IN ARIZONA
- UPDATING YOUR ESTATE PLAN AFTER A DIVORCE IN ARIZONA
- DEALING WITH AGGRESSIVE DIVORCE LAWYER IN ARIZONA
- DIVORCING A BIPOLAR SPOUSE IN ARIZONA
- CHOOSING THE RIGHT DIVORCE LAWYER IN ARIZONA
- WHAT YOU NEED TO KNOW ABOUT AN ANNULMENT VERSUS DIVORCE IN ARIZONA
- PROBLEMS WITH AGGRESSIVE DIVORCE LAWYERS IN ARIZONA
- DIVORCING SOMEONE WITH A MENTAL ILLNESS IN ARIZONA
- DIVORCING A PSYCHOPATH IN ARIZONA
- DIVORCING A DEPRESSED SPOUSE IN ARIZONA
- COPING WITH ANXIETY DURING DIVORCE IN ARIZONA
- ESTATE PLANNING AFTER DIVORCE IN ARIZONA
- DIVORCING AN ALCOHOLIC IN ARIZONA
- OBSESSIVE COMPULSIVE PERSONALITY IN AN ARIZONA DIVORCE
- TRAUMATIC STRESS AND DIVORCE IN ARIZONA
- DISSOCIATIVE DISORDER AND DIVORCE IN ARIZONA
- SOMATIC SYMPTOM DISORDER IN A DIVORCE IN ARIZONA
- PERSONALITY DISORDERS IN A DIVORCE IN ARIZONA
- PARANOID PERSONALITY DISORDER IN A DIVORCE IN ARIZONA
- SAVE MONEY ON DIVORCE ATTORNEY FEES IN ARIZONA
- DEALING WITH A LIAR IN A DIVORCE IN ARIZONA
- THE IMPORTANCE OF CONSULTING A FINANCIAL PLANNER BEFORE A DIVORCE IN ARIZONA
- SETTING ASIDE OR MODIFYING DIVORCE DECREE IN ARIZONA
- DUTY OF CANDOR IN A DEFAULT DIVORCE IN ARIZONA
- SOMEONE LIES IN A DIVORCE IN ARIZONA
- DIVORCING A DRUG ADDICT IN ARIZONA
- DIVORCING AN ABUSIVE SPOUSE IN ARIZONA
- FOR THE NEWLY DIVORCED
- APPEALING AN ARBITRATION AWARD IN A DIVORCE IN ARIZONA
- BENEFICIARY DESIGNATIONS AFTER DIVORCE IN ARIZONA
- ATTORNEY FEES ON A JUDGMENT IN A DIVORCE IN ARIZONA
- CONTINUE AZ DIVORCE TRIAL TO HIRE AN ATTORNEY
- PAYOFF IN PRENUPTIAL AGREEMENT ENFORCEABLE IN ARIZONA
- LAW OF THE CASE DOCTRINE IN A DIVORCE IN ARIZONA
- FIXING AN ERROR IN A FAMILY LAW CASE IN ARIZONA
- JUDGE FAILS TO RULE ON A DIVORCE ISSUE IN ARIZONA
- SANCTIONS IN AN ARIZONA FAMILY LAW CASE
- BLAMING DIVORCE ATTORNEY WAIVES PRIVILEGE IN ARIZONA
- PRESERVE CLAIMS FOR A FAMILY LAW APPEAL IN ARIZONA
- FIVE THINGS TO DO TO PREPARE FOR DIVORCE MEDIATION IN ARIZONA
- IS DIVORCE THE BEST OPTION IN ARIZONA
- ASKING YOUR SPOUSE FOR A DIVORCE IN ARIZONA: 5 THINGS YOU NEED TO KNOW
- WHEN DIVORCE IS THE RIGHT CHOICE IN ARIZONA
- DISMISSAL OF INTERNATIONAL DIVORCE IN ARIZONA
- FILING LATE APPLICATION FOR ATTORNEY FEES IN ARIZONA
- SANCTIONS FOR FILING DOCUMENTS IN AN ARIZONA DIVORCE
- CAN YOU LODGE A CONSENT DECREE IN ARIZONA
- SERVICE BY EMAIL IN AN ARIZONA DIVORCE
- WHEN YOU SHOULD FILE FOR BANKRUPTCY BEFORE A DIVORCE IN ARIZONA
- ADVANTAGES OF DIGITAL PRIVACY CLAUSES IN PRENUPTIAL AGREEMENTS
- RESIDENCY REQUIREMENTS FOR A DIVORCE IN ARIZONA
- MOVING OUT OF THE HOUSE DURING A DIVORCE IN ARIZONA
- DIVORCE SUCKS: DECIDING TO DIVORCE IN ARIZONA
- WHAT IS ALTERNATIVE DISPUTE RESOLUTION IN ARIZONA
- PROTECT YOURSELF DURING A DIVORCE IN ARIZONA
- ARIZONA RULE 69 AGREEMENT CONTESTED WITHOUT TRIAL
- JOINING THIRD PARTY IN AN ARIZONA DIVORCE
- WHAT SHOULD I DO BEFORE FILING DIVORCE IN ARIZONA
- EIGHT FINANCIAL MISTAKES TO AVOID WHEN GOING THROUGH A DIVORCE IN AZ
- WHAT TO DO IF YOUR WIFE (OR HUSBAND) WANTS A DIVORCE
- NINE WAYS YOUR SPOUSE CAN HIDE THEIR INCOME BEFORE DIVORCE IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- HOW SHOULD A MAN PREPARE FOR DIVORCE
- A DEFINITIVE GUIDE TO DEALING WITH A SURPRISE DIVORCE
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.
Leave a Reply