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A Dad’s Guide to Divorce

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…

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AZ Bankruptcy and Divorce in Arizona

Divorce & Bankruptcy in Arizona

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…

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business property division in a divorce in Arizona

Business Ownership & Divorce in Arizona

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…

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Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody

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…

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Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

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…

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Tips for Parenting During the Pandemic

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….

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NEW Arizona COVID-19 Parenting Time Guidelines

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…

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No Indemnification for Wife Awarded Community Share of Husband’s Military Pension if Retirement Delayed Beyond His Eligibility Date

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…

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Joint Legal Decision-Making Co-Exists with One Parent’s Final Say on Child’s Medical Care

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…

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Registration of Foreign Custody Order Not Required Before Arizona Modification

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…

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