Category : Arizona Divorce

DIY Divorce

Arizona Divorce

I created this guide for people who are considering handling the divorce process alone. While it may seem like the most practical and money saving choice for you right now, that will only be true after you successfully avoid all the mistakes you’ll read about here. Failing to avoid the 12 mistakes most people make […]

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 […]

Dividing Virtual Assets in Divorce

Arizona 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 entry […]

How To Plan For Your Arizona Divorce

Arizona Divorce

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 the smart thing to do. Being caught unprepared can affect […]

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 […]

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, […]

Coping with Stress in Your Divorce

Arizona 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. But […]

Joining Ex-Husband’s Current Wife in Divorce Property Settlement Enforcement Lawsuit

Arizona Divorce

In this lawsuit to enforce divorce property settlements, the trial court erred in denying petitioner’s third party motion to join ex-husband’s current wife; former husband’s contribution to community assets was an issue properly before the family court; findings of debtor’s contribution to community property should have been made with the current wife given opportunity to […]

ASRS Lacked Authority to Limit Former Spouse’s QDRO Preserved Survivor Benefit

Arizona Divorce, Property Division

Former wife’s rights to survivor benefits of retired former husband were preserved by a valid QDRO and Arizona State Retirement System had no statutory authority to limit her rights as a contingent annuitant. Sharon DiGiacinto v. Arizona State Retirement System Arizona Divorce Decree with Domestic Relations Order The spouses were married in 1983. In 2003, […]

LLC Operating Agreement with Arbitration Was Postnuptial Agreement

Arizona Divorce, Property Division

In this consolidated divorce action, an LLC operating agreement with an arbitration provision was found to be a postnuptial agreement affecting a spouse’s separate property. The after-marriage property transactions that took place in this case involved a limited liability company, two irrevocable trusts, and one revocable trust. Valer C. Austin v. Josiah T. Austin The […]