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With the exception of child adoption, facing a family court hearing is rarely a joyous occasion. Often, these hearings occur during the worst time in a family’s life as they argue contentious issues such as a divorce agreement, child custody, child support, and alimony. Family court cases may be intensely emotional as well as…

It’s never easy to go through a divorce, but when one or both parties are public figures or the divorce sparks public interest, it’s even more distressing. Even if you aren’t a celebrity or public figure, your very personal divorce may feel like an open book when it requires testimony from many witnesses and…

One of the hardest things you must do when you decide to divorce is to tell your children. However, if you know that divorce is the best decision for your family, you can follow a few tips to help navigate this difficult task: 1. Take Time and Plan the Conversation You have taken the…

Before you can face the arduous task of deciding what to do next, whether it’s seeking marital counseling or filing for divorce, you must first determine whether your issue is really fair. Of course, the best way to know is to get assurance from your spouse, the person with whom they may be cheating…

If you’re reading this in the fall or winter seasons, it’s likely that parents all around the country are scurrying about college campuses, attending long information sessions, and collecting stacks of pamphlets. These tasks can be time-consuming, but they pale in comparison to the stress of applying for financial aid. In order to qualify…

Those going through a divorce often stress over their ex’s student loan debt. However, it may be a relief for you to know that if your ex took out the loan before your marriage, he or she will probably be held accountable for the debt following divorce. When loans are taken out during a…

Most parents appreciate the value of their children’s university, college, or trade school education. However, due to the fierce competition in today’s labor market, those without formal education or training beyond high school often find themselves at a severe disadvantage while looking for work. Therefore, even if you intend your child to pursue something…

Support is key In general, guilt arises from the feeling that you failed to fulfill a commitment to a loved one, failed to keep your half of the bargain, or overlooked a vital element that may have changed the outcome. Guilt is frequently the outcome of believing you should have done more or doing…

Aside from social media postings, people should be exceedingly cautious about what they email or text the other spouse. These are written messages that may be admitted into evidence in court. Once these communications are sent, they can be saved and utilized as evidence to establish anything or to impeach claims made by the…

Divorce can be a stressful and frustrating process. We understand that you may be concerned about what it means and how it will affect you, your children, and your connection with them. But you should be aware that, as a responsible and loving father, you have plenty of legal rights in Arizona. Is it…

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…

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. [lwptoc] Defining Arizona Community & Separate Property Arizona is what’s known…

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…

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…

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…

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….

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…

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…

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…

Welcoming the New Year, Arizona 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…