At some point your family law client will have some basic issues regarding the tax consequences of their 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. While it is important to have … Continue reading Identifying the Tax Consequences of Divorce Part 1
1.?? ?Family Law Terms:? A.R.S. 25-401 There have been changes to a few family law terms.? Some terms have not changed, but they are now located in different areas.? The term ?custody? has been completely replaced by the term ?decision-making.? The term ?parenting time? has expanded its definition:? ?the schedule of time during which each … Continue reading SB1127: Changes to Title 25 effective January 1, 2013
Jackson and Jenna have three children, ages 8, 10, and 15. ?They have been divorced for four years and share joint legal custody, which allows both parents to be involved in major decisions of their children’s lives. ?Jack has a new job in Nebraska and is going to relocate. ?What happens to the parenting schedule … Continue reading Mediation Hypothetical: Post-Decree
Hypothetically, let’s discuss the situation with David and Christina, who have been married for 12 years and have two children, DJ, age 10, and Eliza, age 6. ?David has been employed as a computer technician for most of the marriage and Christina is a teacher who has her summers off. ?They bought a house eight … Continue reading Mediation Hypothetical Divorce or Dissolution
The Parties’ Obligations: Desire to compromise and find a resolution Act in good faith Listen calmly to the other party, even if you disagree with their statements Stay professional and considerate of the other parties’ statements Conduct good communication with the other party and the mediator Have an active role in the decision-making process Full … Continue reading What are the obligations of the parties and the role of the mediator in mediation?
The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties’ individualized circumstances. Mediation permits the parties, rather than the court, to control the outcome of their case. The tailored agreements typically result from both parties’ determination of how they will share their children, how they will make major decisions concerning … Continue reading Can the mediation reach a custom tailored agreement for me and my spouse?
Mediation is designed to help parents focus on the best interests of the children. The mediation process helps the parties remain aware that despite their differences that brought them to the mediation process, they must continue to communicate for the sake of their child. The mediation process will preserve the parties’ relationship, which will benefit … Continue reading What are the advantages of mediation for my family?
Once the parties have reached a verbal agreement, Best Law Firm here in Scottsdale can draft a Memorandum of Understanding to memorialize the parties’ agreements that complies with Family Law Rule 69. We can also draft the petition and supporting documents to initiate your case in the court, as well as draft and file the … Continue reading Once an agreement is reached how can I put it in writing?
Two persons cannot divorce or legally separate unless, and until, certain paperwork is filed with the court. In Arizona, Family Law Rule 69 requires parties to have a signed, written agreement for it to be binding in the court. In some cases, the parties may not need or want their agreement to be enforceable. In … Continue reading What happens when the parties reach a verbal agreement?
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