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Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection

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…

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Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody

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…

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Dividing Virtual Assets in Divorce

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…

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How To Plan For Your 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…

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

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…

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Implementing Reverse Mortgages in Mature Divorce

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…

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Coping with Stress in Your Divorce

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….

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Grandparents Get Emergency Temporary Sole Legal Decision-Making and Parenting Time of Arizona Widow’s Five Children

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…

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Arizona Family Law Legislation Update

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…

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Challenge to Obligor-Parent’s Statement of Arrears Not Time-Barred in Out-of-State Child Support Registration

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…

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