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Unrestricted Use of Medical Records in Arizona Divorces and Parenting Time Cases Has Changed

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 and Joint Legal Decision-Making in Arizona

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

Communicate to be Understood #2

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

Arizona Child Support Modification

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

Getting Married? Why a Premarital Agreement is Important

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

Supervised Parenting Time – What it is and What it is Not

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

Do I Need a Lawyer to Get a Divorce in Arizona?

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

Obtaining Additional Time for a Family Law Hearing: What You Need to Know

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

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

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

Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

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

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
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