Arizona Family Law Articles

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Top 10 Things To Know About Divorce In Arizona

Family law can be complex and intimidating, and there is no shortage of myths and misconceptions circling how divorce and issues involving children are handled in Arizona. Below is a list of the ten major points of family law that you should be aware of before heading to court.

Types Of Parenting Time Schedules

There are several different types of parenting plans that parties can agree on or the court can enter in cases involving children. Some example parenting plans may include: Equal Parenting Time Non-Equal Parenting Time Long Distance Parenting Time. Equal parenting time means both parents have equal access to the minor child(ren).

Simple Steps To “Serving” The Other Party

“Service” is the technical name for the other party receiving the documents that you filed. Arizona courts require the petitioner to show proof that the other person was served. In today’s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to...

Handling Domestic Violence Issues

It is important for family law attorneys to be educated about domestic violence. 1,300,000 women in the U.S. are victims of domestic violence by intimate partners every year. Battered women are not the only victims of abuse; it is estimated that anywhere between 3.3 million and 10 million...

Establishing And Challenging Paternity

The Basics Paternity only applies to the father of the child. Paternity means being declared the legal father after the child is born. Until paternity is established in accordance with the law, a child of unmarried parents is without a legal father. The proceedings to establish the…

Legal Decision-Making

In Arizona, we do not use the term “custody.” We instead use the terms “legal decision-making” and “parenting time.” These two aspects of a parenting plan comprise what is traditionally considered custody in other states. In determining parenting time and legal decision-making in the child(ren)’s best interests, the court refers to what…

Parenting Time

In Arizona, we do not use the term “custody.” We instead use the terms “legal decision-making” and “parenting time.” These two aspects of a parenting plan comprise what is traditionally considered custody in other states. In determining parenting time and legal decision-making in the child(ren)’s best interests, the court refers to what…

Parenting Plans

The Parenting Plan is the parties’ agreement regarding which parent will have the child. A good parenting plan clearly sets out where the child will be. (See Exhibit 1). In other words, if parents have a parenting plan, calendar and a watch, they know exactly where their children should be. Under A.R.S. § 25-403.02, every …

The Courts Process To Establish Paternity

Voluntary Methods If one of the voluntary methods above are utilized, the Clerk of the Superior Court then issues an order establishing paternity, which is as effective as an order signed by a judge. Note that other forms will be necessary if Mother is married or was married during…

Legal Decision-Making Analysis For Domestic Violence

Often, when a batterer was the perpetrator of significant domestic violence, he or she continues to pose a danger to the child(ren) and the spouse/ex-spouse. Thus, the Court should apply A.R.S. § 25-403.03. Under A.R.S. § 25-403.03(A), the batterer may not receive...

Responding To Petitions For Dissolution Of Marriage Or Petition For Legal Separation

Once the Petition is filed and the opposing party is properly served, the clock begins to run on the time for filing a Response. Presently in Arizona, a responsive pleading must be made within twenty (20) days of service of the initial pleading…

Third-Party Visitation Rights

A.R.S. § 25-409 is the third-party rights statute. It sets two different analyses one for visitation, and another for placement and/or legal decision-making. Arizona allows third party individuals to Petition the Court for the following: Placement of the minor child(ren) in the home of the third party...

Third Party Visitation

The third-party visitation is a much easier standard to meet than the third-party placement and legal decision-making standard. But the statute itself can be confusing. Here are some issues to keep in mind about this statute: Open Class. Although the statute mentions grandparent visitation and in loco parentis…

Common Pretrial Motions

Rule 2(B) Motions: ARFLP Rule 2 provides that all relevant evidence is admissible unless a party files with the Court a notice at least forty-five (45) days prior to a hearing or trial requiring strict compliance with all or part of the Arizona Rules of Evidence.[1] Many times, if it is to the benefit of …

Preparing And Filing Petition For Dissolution Of Marriage

Arizona does not provide for joint filing of a divorce—one party must initiate by filing the petition with the court. There are several documents that need to be filled out and filed with the court. They vary depending on whether the client…

Third Party Professionals

In family law cases, the parties or the court may request third party professionals be appointed in cases to assist the court in making decisions regarding the best interests of the minor child(ren). These individuals can be appointed at any time during the case.…

Stock Options In Arizona Divorce

Because stock options are an extremely complicated topic when it comes to division in divorce actions, this article is just an overview of the basics. When a stock option is offered to an employee, it is called a grant. An option is exercised when the employee purchases the stock under the terms of the option granted by the employer.

Identifying the Tax Consequences of Divorce.

At some point you will have some basic issues regarding the tax consequences of your divorce. This material may provide you with some answers to frequently asked hypothetical questions, and may also identify some more complex issues that you may need to be made aware of.

IRS Publications on Selling Your Home

This publication explains the tax rules that apply when you sell (or otherwise give up ownership of) a home. It also shows you how to do the calculations you'll need to do.

IRS Publications on Child Tax Credit

This credit is for people who have a qualifying child as defined later. It is in addition to the credit for child and dependent care expenses and the earned income credit.

The Effects of Divorce on Adult Children

Adult children can be greatly affected by divorce. Most people recognize the risks and emotional damage that minor children experience when they are asked to pick sides in a divorce.

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