Divorce

August 8, 2012 Cindy Best
I am getting ready to file for divorce here in Arizona. Can I take all the money out of our Scottsdale joint savings account?

No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money out of any joint accounts you have in Arizona. You may take half of the money, and this should not cause any problems in case you have to explain this…

August 6, 2012 Cindy Best
What happens in Arizona when my husband will not get out of the house, and I just filed for divorce?

You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this…

August 3, 2012 Cindy Best
During a divorce in Arizona, what if neither of us can afford the house in Scottsdale?

This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of…

July 18, 2012 Cindy Best
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….

June 6, 2012 Cindy Best
What is an Affidavit of Financial Information?

Every case with children must have a document filed called an Affidavit of Financial Information, to be filled out by both parents and notarized. Read all the fine print on this document. It requires you to attach the last three (3) years of taxes and at least six (6) months of pay stubs. (Please remember…

May 21, 2012 Cindy Best
What Would Happen to Mr. Zuckerberg in Arizona Without A Pre-nup?

What if he had no pre-nup? Does his wife now own part of Facebook? For starters, Arizona is a community property state and that means that all property acquired during marriage is presumed to be “community” property which means it is owned equally. But there is also the concept of sole and separate property which…

February 15, 2012 Cindy Best
Demi Moore and Divorce Health

If you are going through a divorce, it is important to take good care of yourself. If you allow yourself to get sick and depressed, you are not going to be able to think clearly and make good decisions for yourself. So, think about the basics that you already know…get plenty of sleep, exercise, eat…

January 27, 2012 Cindy Best
Who Gets the Dog in a Divorce in Arizona?

This is a question that many people ask when getting a divorce in Arizona. Pets are a part of many people’s families.? And society as a whole has become more accepting of the pet’s position in the family?over the past several years.? More and more public places have become “pet friendly” to accomodate America’s love…

January 16, 2012 Cindy Best
Dangers of Facebook and Divorce – Don’t Air Your Dirty Laundry Online!

For most, Facebook is an innocent fun way to connect with friends and family, or a way to try to connect with old childhood friends.? But for an individual going through a divorce, social media such as Facebook can be a dangerous, and costly tool.? For divorce attorneys, sites such as Facebook have provided a…

 

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7025 N. Scottsdale Road, Suite 303
Scottsdale, Arizona 85253