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
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
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
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
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
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
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
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