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 true […]

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 […]

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 […]

Rule 69 agreement for joint legal decision-making and parenting time was approved and adopted by the court in this Arizona divorce. Once adopted, Rule 69 agreements are binding and must be included in the final decree. Specific findings of substantial domestic violence acts occurring after the agreement was adopted but before the decree is entered […]

Mother filed her petition to modify child custody in Arizona compliant with the state’s law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law […]

At what stage is your divorce? Whether you’re under temporary custody orders, an informal arrangement, seeking modified custody, or have been co-parenting for years, COVID-19 has probably thrown you for a loop. Have faith, fear not. We know from experience that parents are amazingly resourceful and kids are phenomenally resilient. You can do this. These […]

The Superior Court in Maricopa County has issued new Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. These new guidelines comply with Governor Ducey’s Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected), CDC recommendations, and applicable family law. If you have a parenting plan or parenting time order, then these […]

In community property division, civilian spouse was awarded 29% of husband’s military pension. Upon eligibility for retirement benefits, divorce decree required husband indemnify wife should he delay retirement to remain active duty. Arizona Supreme Court determined federal law does not entitle non-military spouse to indemnification should the service member choose to retire later than eligible. […]

Hybrid child custody orders where parents are awarded joint legal decision-making with one parent granted final say in the event they cannot agree after consultation and good faith effort is common practice in Arizona. Awarding final say to one parent does not convert joint authority into sole legal decision-making as to child’s medical, mental health, […]

Arizona court had jurisdiction to modify Illinois child custody order on Nebraska father’s petition. Statute governing registration of foreign child support orders does not control registration of foreign child custody orders. With petition to modify out-of-state child support order, Uniform Interstate Family Support Act (UIFSA) requires prior registration. But Uniform Child Custody Jurisdiction and Enforcement […]

Hospital employees used emergency hotline with Superior Court to obtain medical treatment orders after minor patient and parents refused blood transfusions on religious grounds. With two exceptions, Arizona subject matter jurisdiction attaches upon filed petition or complaint. In this special action, the Court of Appeals held that because Banner hospital failed to initiate legal action […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

In this special action, the trial court entered temporary child custody orders granting grandparents sole legal decision-making and parenting time of the mother’s five minor children following ex-parte petition and hearing. Mother’s fitness as a parent was challenged and the trial court did not err in granting temporary third-party custody to the grandparents. Gia Chapman […]

We have three changes in Arizona family law to report. Two bills were recently signed into law and the Arizona Child Support Guidelines have been revised. Take a look at what’s new half-way into 2018. New Spousal Maintenance Eligibility Threshold Arizona’s spousal maintenance factors are set forth in ARS § 25-319. For about two decades, […]

Child support obligee can contest obligor’s statement of zero child support arrears owed under Arizona Uniform Interstate Family Support Act (AUIFSA) despite failure to file her hearing request within 20 days after receiving notice of obligor’s registration in Arizona of an out-of-state child support order. Tiffany G. Taylor v. Thomas Pandola The Arizona Supreme Court […]