For many years, the question of whether medical records could be used in an Arizona divorce case was settled – so long as the issues of parenting time and legal decision-making were in dispute, all medical records relevant to...more
Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more
10/21/2019
/ Appeals ,
Best Interest Standard ,
Child Abuse ,
Child Custody ,
Decision-Making Process ,
Divorce ,
Domestic Violence ,
Family Law Courts ,
Joint Custody ,
Legal Custody ,
Rebuttable Presumptions
JW Way Fundamental #10: Communicate to be Understood
"Know your audience. Use the language of your audience to write and speak clearly concisely, in away that can be easily understood."...more
In Arizona, child support is determined by using a formula. Several factors are considered – income of each party, how many other children each parent supports, cost of daycare and health insurance, as well as how much time...more
Celebrities and the very rich may enter into premarital agreements. Justin Timberlake and Jessica Biel, Keith Urban and Nicole Kidman, Kim Kardashian and Kanye West, Michael Douglas and Catherine Zeta Jones all signed...more
In Arizona, parents who are no longer married or not living together share parenting of their minor children. Sometimes they share equally and sometimes disproportionately with one of the parents possibly due to work...more
In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties...more
The Facts -
In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and...more
11/22/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Case Consolidation ,
Child Visitation ,
Cross Examination ,
Evidence ,
Family Law Courts ,
Grandparents Rights ,
Intervenors ,
Jurisdiction ,
Paternity ,
Time Extensions ,
Transcripts ,
Trial Court Orders ,
Waivers
On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more
On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC). The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify...more
In Perkins vs. Perkins, Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to...more
In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more
1/23/2017
/ Appeals ,
Asset Valuations ,
Community Property ,
Divorce ,
Equitable Lien ,
Evidence ,
Marital Assets ,
Mortgages ,
Oral Argument ,
Primary Residence ,
Separate Property
A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more
1/20/2017
/ Appeals ,
Child Custody ,
Confidential Information ,
Consent Decrees ,
Contempt ,
Disclosure ,
Divorce ,
Domestic Violence ,
Motion to Compel ,
Primary Residence ,
Sanctions
In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more
The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more
8/2/2016
/ Appeals ,
Attorney's Fees ,
Child Custody ,
Contempt ,
Dismissals ,
Divorce ,
International Litigation ,
Jurisdiction ,
Kidnapping ,
Mexico ,
Post-Judgment Enforcement Actions ,
UCCJEA ,
Unclean Hands
It is frequently a challenge to co-parent after the conclusion of a divorce proceeding. After all, divorcing parents have often just concluded divorce litigation – replete with allegations of wrong doing – and frequently...more
On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve...more
While there is no formal ‘presumption’ of equal parenting time, the policy of the State of Arizona is clear. The policy is to ensure “substantial, frequent, meaningful and continuing parenting time with both...more
Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to...more
Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing....more
As with all community property, retirement assets are subject to division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided....more
An Affidavit of Financial Information (“AFI”) is a court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue....more
In the State of Arizona, any and all property is presumed to be community property. However, property is characterized at the time of its acquisition and therefore, if you owned property prior to your marriage, it is and...more
Under current Arizona law, you must make full disclosure to the other party and the Court. The Arizona Rules of Family Law Procedure require that everything which may have an impact on the outcome of the case be disclosed -...more
The simple answer is yes. The better question is whether or not it is advisable to handle your own divorce. In short, the answer is no – it is not advisable....more