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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, 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…

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….

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…