Category : Arizona Divorce

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 […]

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 […]

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 […]

Ushering in the New Year, It’s Stewart Law Group’s January Newsletter

Arizona Divorce

Welcoming the New Year, Stewart Law Group’s January newsletter – our first words for 2017 – has some fun and interesting ideas for loyal readers (and new readers) to mull over. Attorney Scott David Stewart leads off the newsletter with “What’s Your Word?” Scott talks about the value of weaving a single, positive theme throughout […]

Holiday Issue! December Arizona Family Law Newsletter

Arizona Divorce

Greetings and happy holidays to all of our loyal readers! Be sure to click here and read the Arizona Law Group’s December family law newsletter. This month’s newsletter covers a lot of territory. Because the holidays often see an uptick in traffic violations, we’ve included a couple articles on the subject of Arizona DUI. Scott […]

Husband Filed Notice of Appeal Before Final Arizona Divorce Decree

Arizona Divorce

Husband’s notice of appeal from divorce decree was premature, filed before the trial court resolved parenting time, legal decision-making, and attorney fee award in Arizona case summary. Kristin Camasura v. Brendan Antonio Camasura In this Arizona divorce action, the wife filed her petition for dissolution of marriage with children in October 2012. The spouses had […]

November Newsletter on a Dark and Stormy Arizona Night

Arizona Divorce

Amazingly, Thanksgiving is just around the corner! We have an informative (and fun) November Arizona Family Law Newsletter for you to kick back with. Click here and take a moment to see what’s inside. Writing Is Easy, Sometimes Scott Stewart starts things off on page one with his reflections on being a writer in It […]