Blog

DIY Divorce in Arizona

Arizona Divorce

I created this guide for people who are considering handling the divorce process in Arizona alone. While it may seem like the most practical and money-saving choice for you right now, that will only be true after you successfully avoid all the mistakes you’ll read about here. Word of Caution About DIY Divorces in Arizona […]

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 […]

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

Child Custody

Mother filed her petition to modify child custody in Arizona compliant with the state’s law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law […]

Tips for Parenting During the Pandemic

Child Custody

At what stage is your divorce? Whether you’re under temporary custody orders, an informal arrangement, seeking modified custody, or have been co-parenting for years, COVID-19 has probably thrown you for a loop. Have faith, fear not. We know from experience that parents are amazingly resourceful and kids are phenomenally resilient. You can do this. These […]

NEW Arizona COVID-19 Parenting Time Guidelines

Child Custody

The Superior Court in Maricopa County has issued new Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. These new guidelines comply with Governor Ducey’s Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected), CDC recommendations, and applicable family law. If you have a parenting plan or parenting time order, then these […]

No Indemnification for Wife Awarded Community Share of Husband’s Military Pension if Retirement Delayed Beyond His Eligibility Date

Military Divorce

In community property division, civilian spouse was awarded 29% of husband’s military pension. Upon eligibility for retirement benefits, divorce decree required husband indemnify wife should he delay retirement to remain active duty. Arizona Supreme Court determined federal law does not entitle non-military spouse to indemnification should the service member choose to retire later than eligible. […]

Joint Legal Decision-Making Co-Exists with One Parent’s Final Say on Child’s Medical Care

Child Custody

Hybrid child custody orders where parents are awarded joint legal decision-making with one parent granted final say in the event they cannot agree after consultation and good faith effort is common practice in Arizona. Awarding final say to one parent does not convert joint authority into sole legal decision-making as to child’s medical, mental health, […]

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 […]

Husband Testifies About Wife’s DUI Under Crime Exception to Anti-Marital Fact Privilege

DUI

Crime exception to Arizona anti-marital fact privilege allowed husband to testify in Phoenix Municipal Court as a witness against his wife about her DUI crime arising from the same unitary event as her domestic violence crime against him. Phoenix City Prosecutor v. Hon. Lowery/Claudette Craig (real party in interest) DUI Committed in Same Unitary Event […]

BBB Avvo AV State Bar of Arizona
As Seen On:
FOX10 azcentral Attorney at Law Scottsdale Progress Law.com LawyersWeekly FBN QuadCities Texas Lawyers