How do the vehicles get divided during my divorce?
Usually spouses have driven one vehicle and that is the one they want to keep. There may be an adjustment if one vehicle has a greater value than the other. For instance, if the truck has equity of $10,000 and the SUV has equity of $20,000, one person has $10,000 more value than the other….
What Happens if the House is Community Property? What if it is Sole and Separate?
Option one is one spouse stays in the house and makes all the payments; the parties get the house appraised and decide the value of the house. Then the party who wants to live in the house pays the other spouse half the value of the house. This can be paid with cash in a…
Characterization of Property During a Divorce
The first thing to decide is the character of the property. If it is community, it can be split 50-50. If it is sole and separate, it is yours and does not need to be divided but it must be disclosed. At the end of the divorce, you will want to divide the community property…
How do deferred compensation accounts, 401k, and retirement benefits get divided during a divorce?
The court will split these 50/50 if it was all acquired during the marriage. There is no penalty to divide and the money is not removed from the accounts. After the division, each party is subject to IRS rules for prematurely withdrawing the money. One spouse cannot create a tax liability for the other spouse….
What Happens to Debts During a Divorce?
Arizona Revised Statute 25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. This means that within…
What Property Does Not Get Divided in a Divorce?
According to Arizona Revised Statute section 25-213, “separate property” cannot be divded by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to community…
What is Considered Community Property?
According to Arizona Revised Statute, Section 25-211, generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the…
How Does Arizona Law See Division of Property?
You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute 25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The…
What About Other Child Expenses That Are Not Included in the Child Support Worksheet?
One parent will be required to maintain health insurance for the children, and it there are any medical/dental/vision/orthodontia expenses not covered by insurance, the parties will often divide those expenses in proportion to their incomes.
Family Law Success Stories
Best Law Firm has helped thousands of families during the past 18 years. We help families through negotiation, settlements, mediations and court litigation when necessary. The goal is to resolve issues with the least amount of money and stress and only use court litigation as a last resort. Every family we meet is important to us so we would like to share just a few of our success stories with you.
We represented an unmarried father and were able to reunite him with his 4 year old son after the mother secretly moved him to Florida.
We represented a mother and were able to require the father to undergo therapy before he could have any parenting time with his three daughters who he had been physically and emotionally abusing. We had a certified domestic violence expert testify in the case.
We represented an unmarried mother and were able to reunite her with her 2 year old daughter after the father took the child in secret without permission or a court order.
We represented a husband who had a large estate and the wife wanted assets greater than their prenuptial agreement allowed.
We represented a wife in a long term marriage to obtain the spousal maintenance that she was due.
We represented the husband whose wife violated their divorce decree's spousal maintenance agreement by living with her boyfriend.
We represented an unmarried mother and were able to obtain a large child support order from the father who was a professional athlete and it was upheld on appeal. (Murphy)
We represented an unmarried father and were able to fight abuse allegations filed against him and get a court order for 50-50 parenting time for his 2 children.
We represented an unmarried father and were able to defend him against false allegations and obtain a court order where he was named primary custodial parent of his 3 year old son.
We represented a mother who lived in Italy whose teenager was unlawfully kept in Arizona after summer visitation by the Father. It was ordered for the child to return to his mom in Italy.
We represented a father whose 2 children were taken to Kansas after their divorce was filed in Arizona and the court ordered them to be returned.
We represented a father who lived in Texas and fought for primary custody of his daughter who lived in Arizona. The daughter was able to move to Texas because of the mother's abuse and neglect.
We represented a Canadian mother whose husband attempted to get a divorce in Arizona where he could keep the kids. Mother had no long term visa and would have lost her children. Tali Collins was a "friend of the court" and was heard at a Canadian hearing on the same matter that had been filed in BC.
We were the mediators for a mother who wanted to keep the community house (and equity) and the father who wanted to keep his community retirement. We were able to craft an agreement where she received more spousal maintenance up front which the husband agreed to pay to keep the community retirement he had earned.
We represented two ER doctors and mediated their parenting agreement which was drafted to help each doctor have the maximum time with their son.
We represented a father who was a doctor and obtained sole custody of his two daughters after the mother had a worsening mental illness.
We represented a father whose former wife attempted to enforce an out of state child support arrears calculation that was incorrect. We also won the case on appeal. (Glover)
We represented a mother and successfully protected against potential kidnapping by the father to a non Hague country, the UAE. The parenting time order put in safety measures and supervisors to protect the daughters.
We represented a father from Japan to obtain a parenting time order for his young son.
We represented a father to severe the rights of the mother with their two daughters after the mother was imprisoned for criminal abuse against them.
We represented a father and were able to negotiate a parenting plan with joint legal decision making and a 50-50 parenting plan for his son.
We represented a divorced couple against the grandmother who wanted visitation time with their daughter against the parents' wishes.
We represented a married couple and negotiated visitation with a former mother in law, grandmother to their son/step son.
We represented grandparents and negotiated parenting time with a previously estranged father of their grandson.
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Scottsdale, Arizona 85253
