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When Are Settlement Agreements Binding in an Arizona Family Law Case?

One issue that frequently comes up in family law consultation is whether the parties’ understandings and agreements can be used for enforcement or for obtaining a court order requiring compliance. Many prospective clients are surprised to learn that something as simple as email exchange may constitute a binding agreement, while verbal agreements privately made between …

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Do Arizona Courts Use Drug and Alcohol Testing in Deciding Child Custody Matters?

One area of controversy that often arises in child custody cases is an allegation that one or both of the parents abuses drugs or alcohol. In Arizona, the rules of procedure for family court address the court’s authority to look into these matters with court-ordered drug or alcohol testing. See Ariz. R. Fam. L. Pro. …

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Child Custody Parenting Plans and Holiday Schedules Under Arizona Law

During a custody battle, parties can sometimes overlook important details concerning their parenting time requests. One area where this might happen is in holiday schedules. Under Arizona law, when entering child custody orders for parenting time, courts are obliged to adopt a “practical schedule for parenting time” which includes “holidays and school vacations.” See ARIZ. …

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When May an Arizona Family Court Divide Community Property Unequally?

In the State of Arizona, the division of marital property during a divorce is governed by community property laws. Under the Arizona’s community property statutes, property acquired by either spouse during the marriage is generally presumed to be community property. Community property is subject to “equitable” division upon the dissolution of the marriage. A similar …

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Arizona Family Court Jurisdiction Over an Out-of-State / Nonresident Party

In the United States, including the State of Arizona, the concept of personal jurisdiction over an out-of-state / nonresident party is governed by both federal and state law. See Meyers v. Hamilton Corp, 693 P.2d 904 (Ariz. 1984) (citing state and federal law in analyzing a question of personal jurisdiction). In the State of Arizona, …

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Dividing a Business During Divorce or Legal Separation Under Arizona Law

DUE PROCESS AND EMERGENCY TEMPORARY ORDERS WITHOUT NOTICE UNDER ARIZONA FAMILY LAW

In this writing, we discuss due process and emergency temporary orders under Arizona family law. To understand the role of emergency temporary orders generally it is helpful to first bear in mind that in Arizona family court cases, each party whose rights may be affected by a court decision is entitled due process under the …

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What is a “No-Fault Divorce” under Arizona Law?

In the context of a divorce proceeding, the terms “fault” and “no-fault” typically refer to whether a jurisdiction requires assigning blame as part of the divorce process. In other words, the difference between the two is whether a court will require an accusation of blame to justify the divorce.  Whether a state requires a showing …

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What Should You Look for in a Family Law Attorney?

When looking for a family law attorney, there are several factors you may want to consider to ensure you find the right professional who can effectively handle your case and represent your interests. Here are some important qualities and considerations:     Experience and Expertise: Consider looking for an attorney who specializes in family law …

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