Category : Arizona Divorce

AZ Bankruptcy and Divorce in Arizona

Divorce & Bankruptcy in Arizona

Arizona Divorce, Articles, Faqs

How Bankruptcy Affects Divorce in Arizona Is it better to declare bankruptcy before or after divorce in Arizona? Well, that depends. Declaring bankruptcy will impact divorce proceedings, primarily the property settlement. And the property division in divorce will directly affect the former spouse’s bankruptcy estate. Most people file bankruptcy because debt collectors are hounding them […]

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 follow the right steps and avoid all the mistakes you’ll read about here. Have you decided […]

business property division in a divorce in Arizona

Business Ownership & Divorce in Arizona

Arizona Divorce, Articles, Property Division

Divorce’s Impact When One or Both Spouses Own a Business Let’s look at what happens during a divorce in Arizona when one or both spouses own a business. You can also learn about dividing your family business during a divorce in AZ here. Defining Arizona Community & Separate Property Arizona is what’s known as a […]

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, Faqs

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

Arizona Divorce

Knowing how to prepare for a divorce can be difficult. 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 […]

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 […]

Coping with Stress in Your Divorce

Arizona Divorce

Managing Stress in Your Divorce or Family Law Case Among the most stressful life experiences, divorce and family law cases can be profoundly emotional. They represent a turbulent period for both spouses and can affect the children for years to come. The divorce, legal separation, or child custody dispute may challenge your resolve initially. But […]

Joining Ex-Husband’s Current Wife in Divorce Property Settlement Enforcement Lawsuit

Arizona Divorce

In this lawsuit to enforce divorce property settlements, the trial court erred in denying petitioner’s third party motion to join ex-husband’s current wife; former husband’s contribution to community assets was an issue properly before the family court; findings of debtor’s contribution to community property should have been made with the current wife given opportunity to […]

ASRS Lacked Authority to Limit Former Spouse’s QDRO Preserved Survivor Benefit

Arizona Divorce, Property Division

Former wife’s rights to survivor benefits of retired former husband were preserved by a valid QDRO and Arizona State Retirement System had no statutory authority to limit her rights as a contingent annuitant. Sharon DiGiacinto v. Arizona State Retirement System Arizona Divorce Decree with Domestic Relations Order The spouses were married in 1983. In 2003, […]

LLC Operating Agreement with Arbitration Was Postnuptial Agreement

Arizona Divorce, Property Division

In this consolidated divorce action, an LLC operating agreement with an arbitration provision was found to be a postnuptial agreement affecting a spouse’s separate property. The after-marriage property transactions that took place in this case involved a limited liability company, two irrevocable trusts, and one revocable trust. Valer C. Austin v. Josiah T. Austin The […]

Ushering in the New Year, It’s Stewart Law Group’s January Newsletter

Arizona Divorce

Welcoming the New Year, Stewart Law Group’s January newsletter – our first words for 2017 – has some fun and interesting ideas for loyal readers (and new readers) to mull over. Attorney Scott David Stewart leads off the newsletter with “What’s Your Word?” Scott talks about the value of weaving a single, positive theme throughout […]

Holiday Issue! December Arizona Family Law Newsletter

Arizona Divorce

Greetings and happy holidays to all of our loyal readers! Be sure to click here and read the Arizona Law Group’s December family law newsletter. This month’s newsletter covers a lot of territory. Because the holidays often see an uptick in traffic violations, we’ve included a couple articles on the subject of Arizona DUI. Scott […]

Husband Filed Notice of Appeal Before Final Arizona Divorce Decree

Arizona Divorce

Husband’s notice of appeal from divorce decree was premature, filed before the trial court resolved parenting time, legal decision-making, and attorney fee award in Arizona case summary. Kristin Camasura v. Brendan Antonio Camasura In this Arizona divorce action, the wife filed her petition for dissolution of marriage with children in October 2012. The spouses had […]

November Newsletter on a Dark and Stormy Arizona Night

Arizona Divorce

Amazingly, Thanksgiving is just around the corner! We have an informative (and fun) November Arizona Family Law Newsletter for you to kick back with. Click here and take a moment to see what’s inside. Writing Is Easy, Sometimes Scott Stewart starts things off on page one with his reflections on being a writer in It […]

What is a Rule 69 Agreement?

Arizona Divorce, Podcasts

Speaker 1: This is Arizona Family Talk Radio, a podcast about all things family with your host family law attorney, Scott David Stewart. Scott Stewart: Good afternoon everybody. I’m attorney Scott David Stewart and welcome to Arizona Divorce Talk Radio. Today once again I’m talking with attorney Carrie Cravatta. Carrie, how’re you doing? Carrie: I’d […]

October Arizona Family Law Newsletter – Halloween Fun!

Arizona Divorce

Just in time for Halloween, click here to read the Arizona Law Group’s October Family Law Newsletter. Here is some of what you will find inside this month’s pages. One Man’s Family Goes Camping AZ Style Our newsletter starts off with Don’t Lose Sight of the Forest Through the Trees. Scott’s humorous reflections on his […]

September Arizona Family Law Newsletter

Arizona Divorce

This summer went by fast for everyone here. So fast, we barely got our newsletter out on time. But here it is, ready for you to enjoy. Click here to read the September family law newsletter from the Arizona Law Group. What’s Inside? Scott David Stewart penned his thoughts on family check-ups (you know, check-ups […]

Can You Spy on your Spouse in a Divorce?

Arizona Divorce, Articles

Certain forms of electronic eavesdropping are prohibited by the Electronic Communications Privacy Act (ECPA) and the Stored Wire and Electronic Communications Act, together known as the ECPA of 1986. The ECPA updated and clarified the Federal Wiretap Act of 1968, which was the original wiretapping ban enacted to protect a person’s privacy when using telephone […]

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