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Kylie Huffman-Shayeb

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How Alcohol and Drug Abuse Affects Parenting Time Decisions Under Arizona Law

Under Arizona law, alcohol and substance use can affect parenting time if it is determined that the use of alcohol or an illicit substance might endanger the child’s physical or emotional health. Under statute, Arizona courts are required to consider a parent’s history of substance abuse when determining parenting time. See A.R.S. § 25-403.03. If …

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Claiming Minor Children on Tax Returns After a Divorce or a Child Custody Order

Often times, when working through a divorce or a child custody case, the parties will focus on immediate, obvious issues such as making medical decisions or sharing holidays. However, there are a number of different long-term questions that should be addressed when sorting out child custody matters. One question that is commonly neglected, is how …

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What Happens When a Party Refuses to Participate in a Divorce or Family Law Case

What Happens When a Party Refuses to Participate in a Divorce or Family Law Case?

Occasionally, one party initiates a divorce (or some other type of family law case) and the other party simply refuses to participate. When this happens, it can complicate the process of moving your divorce along through the court system. In this writing, we will discuss what happens when one party does not participate in a …

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What Happens During Arizona Conciliation Court Proceedings?

An Arizona conciliation court can offer different services to preserve the marriage or to resolve controversies between spouses, including conciliation services, temporary orders, mediation, assessments, evaluations, family education, and other such services. See Ariz. R. Fam. L. Pro. 68(a). This writing discusses the rules of procedure regarding the scheduling of a hearing and the use …

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Terminating Spousal Support in Arizona Family Law Cases

I. Premarital Agreements & Spousal Maintenance Arizona law recognizes and allows for the enforcement of premarital agreements concerning spousal maintenance. See ARIZ. REV. STAT. ANN. § 25-202. However, there are limits on what a premarital agreement can accomplish. For example, “[i]f a provision of a premarital agreement modifies or eliminates spousal support and that modification …

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Obtaining Spousal Maintenance in Arizona Divorce & Legal Separation Cases

Under certain circumstances, in a proceeding for dissolution / divorce or legal separation, Arizona law allows for an award of spousal maintenance, which is sometimes called “alimony” or “spousal support.” See ARIZ. REV. STAT. ANN. § 25-319(A). It is important to bear in mind that even if a party qualifies for spousal support, the award …

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