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When Your Ex Won’t Follow the Parenting Plan: Enforcement Options in Arizona
When your co-parent refuses to follow your court-ordered parenting plan, you have legal options to enforce your rights and protect your relationship with your child. Arizona law takes parenting time violations seriously, offering remedies that range from make-up parenting time to contempt of court charges. Understanding these options puts you in a stronger position…
What to Know About Divorce and Taxes
TL;DR Alimony & Support: Post-2018 alimony isn’t deductible; child support is tax-neutral. Home Sales: Use specific decree language to protect the $500k gain exclusion. Retirement Assets: Follow strict IRS rules to avoid the 10% early withdrawal penalty. Business Interests: Handle transfers carefully to avoid losing “suspended losses.” Tax Filing: Update your filing status, estate…
Arizona’s 60-Day Waiting Period: What Really Happens During the Divorce Cooling-Off Period
Arizona requires a mandatory 60-day waiting period after divorce papers are served before a court can finalize your divorce—but this “cooling-off period” doesn’t mean nothing happens during those two months. Understanding what you can (and should) do during this time, what temporary orders can protect you immediately, and why some divorces still take months…
What is a Rule 69 Agreement?
What is a Rule 69 Agreement in Arizona? TL;DR A Rule 69 Agreement allows Arizona parties in divorce or custody cases to settle disputes privately. It must be in writing, signed, and recorded before a mediator or court official. Partial agreements are allowed, but they must follow the same formalities. Challenging or modifying an…
Will Marijuana Use Impact Child Custody?
TL;DR Marijuana use is legal in Arizona, but it can still impact child custody cases. Parents should be cautious about using marijuana around their children or in public. Habitual use or addiction could harm custody prospects, similar to alcohol abuse. Despite its legality, marijuana use may carry a stigma that affects court decisions. Legal…
Do I Need Permission to Change My Child’s Last Name in Arizona?
TL;DR Changing a child’s last name in Arizona requires court approval based on the child’s best interests. A name change is more likely if both parents agree or if one parent is unavailable. Courts may deny a name change if one parent objects and both parents are involved in the child’s life. Factors like…
Spotting the Signs of Asset Hiding in an Arizona Divorce
TL;DR Arizona requires full disclosure and equal division of marital assets. Hidden assets are any income, accounts, or property a spouse fails to report. Warning signs include missing statements, blocked access, odd spending, and unexplained withdrawals. Lawyers use discovery, document requests, and experts to track down hidden money. Asset hiding is fraud that can…
Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody
TL;DR Arizona family court can modify protective orders if they conflict with parenting time. Modifications are allowed only if parenting time won’t endanger the child’s well-being. Protective orders can’t address custody or parenting time in divorce cases. Family court determines if parenting time risks emotional harm to the child. Violating protective order terms may…
What are the Consequences for not Paying Child Support
TL;DR Failing to pay child support in Arizona is a crime and can lead to a Class VI felony charge. Consequences include wage garnishment, property seizure, license suspension, and contempt charges. The Division of Child Support Services enforces payments and may report non-payment to credit agencies. Parents facing financial hardship can seek a modification…
What Are the Biggest High Net Worth Divorce Mistakes?
TL;DR Poor record-keeping can delay the divorce process and create unnecessary stress. Settling too quickly may result in losing valuable assets or unfair terms. Hiding or dispersing assets can lead to severe penalties and increased penalties for the other spouse. Ignoring tax consequences can lead to costly penalties and tax issues post-divorce. High-income child…
Why is Asset Protection So Important in a Divorce?
TL;DR Arizona is a community property state, so assets are divided fairly, not always equally. Contested divorces may involve asset hiding or spending sprees, making asset protection essential. Consult with a lawyer to navigate asset protection strategies and ensure compliance with Arizona laws. Like many states, Arizona is a community property divorce state. In…
Relocating with Children After Divorce: Arizona’s Move-Away Laws
Moving to a new city or state after divorce can open doors to better opportunities, but when children are involved, Arizona’s relocation laws add layers of complexity that require careful navigation. Whether you’re pursuing a job opportunity across the country or seeking to be closer to family support, understanding your legal obligations and rights…
How to File for Divorce in Arizona
How to File for Divorce in Arizona Without A Lawyer TL;DR: This article is for residents of Arizona who are thinking about taking a DIY approach and filing for divorce without a lawyer. It details: An 11-step process for filing for divorce on your own Tips to make sure the 11-steps are done thoroughly…
Who Qualifies for Child Support Modification in Arizona?
Arizona Family Court makes all decisions in the best interests of children, including decisions on child support. The court upholds the belief that all parents have a legal obligation to provide financial support for their children regardless of their marital status. Child support orders for divorced or non-married parents are binding, with significant enforcement…
What Are the Biggest Challenges in a Military Divorce Lawsuit?
Military marriage isn’t easy. With lengthy separations, frequent relocations, and relatively low pay, it’s common for one or both spouses to feel isolated and as though they lack support from the other. Enlisted service members have a higher divorce rate than the national average for civilians with the highest rate for Air Force active-duty…
Explaining Contested and Uncontested Divorces
No couple walks down the aisle expecting it to end in divorce court, but life sometimes takes people in unanticipated directions. Fortunately, not all divorcing spouses have to litigate their divorce inside a courtroom. A divorce trial means an impartial judge who doesn’t personally know their situation makes all the final decisions for how…
How Establishing Paternity Can Impact Your Family Lawsuit
Fathers have rights in Arizona family court cases, including child custody cases and other family-related legal matters like child support obligations and visitation rights. But unlike mothers, for whom parentage is clear upon childbirth, fathers in Arizona court cases may not have presumptive parenting rights if they are not married to a child’s mother. …
Biggest Financial Mistakes to Avoid During a Chandler Divorce
A divorce is an emotionally draining experience. Many divorcing spouses focus their attention on the fraught emotional aspects of the divorce—whether it’s anger, sorrow, or relief—and allow some important legal aspects to slip through their fingers. Once the final divorce judgment is in place, many newly divorced spouses confront the reality of post-divorce life…
How is a Child’s Best Interests Defined in Arizona?
Facing a divorce with child custody as a factor can be an intimidating experience for parents. No parent looks forward to a judge deciding when they can spend time with their own children, but when parents separate or divorce, it breaks one household into two, making a decision for child custody and parenting time…
How to Prepare for a Family Court Hearing in Arizona
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…