Blog

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 […]

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 […]

Arizona Armed Robbery Not a Violent Felony Under Armed Career Criminal Act

Criminal Defense

Share in the discussion with an experienced gun crime attorney. Learn about potential defenses in Arizona law to charges of robbery, grand theft, larceny, shoplifting, and theft crimes generally. Arizona armed robbery held not a violent felony for purposes of the Armed Career Criminal Act, a federal statute imposing minimum mandatory sentencing for repeat offenders […]

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 […]

Solicitation to Sell Drugs Not a Strike Against Mandatory Probation

Criminal Defense

Mandatory probation in Arizona sentencing is for people convicted of non-violent drug crimes, so long as they do not have three prior narcotics convictions for personal possession. If three strikes, then no probation. Prior conviction for solicitation to sell narcotics did not disqualify defendant for mandatory probation. Nor was it a personal possession conviction under […]

Post-Divorce Agreement Cut Spousal Maintenance in Arizona Arrears Enforcement Case

Spousal Maintenance

Superior Court must consider parties’ post-divorce agreement to cut spousal maintenance and husband’s equitable defenses to nonpayment. After terms of agreement were satisfied, the wife petitioned to enforce maintenance awarded in the consent decree, seeking arrearages with interest. Spousal support was made non-modifiable by consent decree. Husband had complied with and relied upon the post-decree […]

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 […]

Domestic Violence Resources

Articles, Domestic Violence

Domestic Violence Resources in Arizona In 2013, the Phoenix Police Department reported receiving 50,000 domestic violence calls. However, an estimated additional 40,000 incidents of domestic violence go unreported each year. Nationally, our state ranks fourth for the rate of female domestic violence homicides. Source: Sojourner Center.org which also assists victims of domestic violence in Arizona. […]

Military Divorce Tips for Civilian Spouses

Arizona Divorce

There are many issues unique to military divorce cases that rely on you being familiar with your civilian spouse divorce rights. Division of pensions and military retirement funds, long-distance parenting plans when a party is stationed overseas, to name only two. By making use of the information that we have for you on our website, […]