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Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody

Child Custody, Domestic Violence

Rule 69 agreement for joint legal decision-making and parenting time was approved and adopted by the court in this Arizona divorce. Once adopted, Rule 69 agreements are binding and must be included in the final decree. Specific findings of substantial domestic violence acts occurring after the agreement was adopted but before the decree is entered […]

Registration of Foreign Custody Order Not Required Before Arizona Modification

Child Custody, Child Support

Arizona court had jurisdiction to modify Illinois child custody order on Nebraska father’s petition. Statute governing registration of foreign child support orders does not control registration of foreign child custody orders. With petition to modify out-of-state child support order, Uniform Interstate Family Support Act (UIFSA) requires prior registration. But Uniform Child Custody Jurisdiction and Enforcement […]

Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection

Child Custody

Hospital employees used emergency hotline with Superior Court to obtain medical treatment orders after minor patient and parents refused blood transfusions on religious grounds. With two exceptions, Arizona subject matter jurisdiction attaches upon filed petition or complaint. In this special action, the Court of Appeals held that because Banner hospital failed to initiate legal action […]

Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody

Arizona Divorce, Child Custody, Domestic Violence

Arizona Court of Appeals held the family court has statutory authority to modify an order of protection when terms may conflict with the court’s parenting orders in divorce or child custody proceedings. But only to the degree the family court is satisfied the modified order of protection and party’s request for parenting time will not […]

Dividing Virtual Assets in Divorce

Arizona Divorce

In Arizona, marital property is subject to equal division between the spouses in a divorce. The task of determining the nature and character of certain assets as either separate property or community property can sometimes be difficult, particularly when transmutation has occurred. Recently, a unique new form of intangible property has made a quiet entry […]

How To Plan For Your Arizona Divorce

Uncategorized

Only you can decide for certain whether the marriage is over. But if you believe it is, then start planning for Arizona divorce proceedings. Preparing a plan for your divorce does not make you cold-hearted or vindictive. On the contrary, divorce planning is necessary and the smart thing to do. Being caught unprepared can affect […]

Post-Divorce Agreement Cut Spousal Maintenance in Arizona Arrears Enforcement Case

Spousal Maintenance

Superior Court must consider parties’ post-divorce agreement to cut spousal maintenance and husband’s equitable defenses to nonpayment. After terms of agreement were satisfied, the wife petitioned to enforce maintenance awarded in the consent decree, seeking arrearages with interest. Spousal support was made non-modifiable by consent decree. Husband had complied with and relied upon the post-decree […]

Implementing Reverse Mortgages in Mature Divorce

Arizona Divorce, Property Division

When a mature couple files for divorce their Arizona marital home is often mortgage-free, a valuable asset that must be divided. Along with deciding which spouse shall remain in the home (assuming the property is not sold as part of the divorce and the proceeds divided), an important consideration is the availability of a reverse […]

Domestic Violence Resources

Articles, Domestic Violence

Domestic Violence Resources in Arizona In 2013, the Phoenix Police Department reported receiving 50,000 domestic violence calls. However, an estimated additional 40,000 incidents of domestic violence go unreported each year. Nationally, our state ranks fourth for the rate of female domestic violence homicides. Source: Sojourner Center.org which also assists victims of domestic violence in Arizona. […]

Military Divorce Tips for Civilian Spouses

Uncategorized

There are many issues unique to military divorce cases that rely on you being familiar with your civilian spouse divorce rights. Division of pensions and military retirement funds, long-distance parenting plans when a party is stationed overseas, to name only two. By making use of the information that we have for you on our website, […]