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Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

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

Separate Property and Arizona Marital Community Equitable Lien Rights

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

Joint Legal Decision Making Must Parental Addresses be Disclosed?

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

Joint Custody and Legal Decision Making

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

Who Has Child Custody Jurisdiction

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

Parenting Post-Divorce

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

7/7/2015  /  Divorce , Parenting Plans

Relocation – Mission Impossible?

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

Is There a Presumption in Favor of Equal Parenting Time?

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

Frequently Forgotten Divorce Asset: Loss Carry-Forwards

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

How Does Debt Work in a Divorce?

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

1/13/2015  /  Credit Cards , Debt , Divorce , Marital Assets

What is a Qualified Domestic Relation Order ("QDRO") and why does it matter in my divorce case?

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

11/20/2014  /  Divorce , QDRO

What Is An Affidavit Of Financial Information And Why Does It Matter?

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

10/21/2014  /  Affidavits , Child Support , Divorce

How do I know if an asset is really my sole and separate property?

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

Do I have to Disclose Everything to the Other Party and/or the Court?

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

Can I Handle My Own Divorce Without a Lawyer?

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

9/27/2013  /  Divorce

Does It Matter Who Files First in a Divorce Proceeding?

As far as the outcome is concerned, it should make no difference which party chooses to file the petition. However, one of the parties is able to control the process, the person filing (known as the Petitioner) is ultimately...more

9/25/2013  /  Divorce , Legal Filings
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