Kylie Huffman-Shayeb

premarital-agreements-spousal-maintenance

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 …

Terminating Spousal Support in Arizona Family Law Cases Read More »

contract lawyer

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 …

Obtaining Spousal Maintenance in Arizona Divorce & Legal Separation Cases Read More »

grandfather with his granddaughter on his back phoenix az

Grandparents and Third-Party Rights in Arizona Child Custody Matters

In some situations, grandparents and other third-parties may be able to obtain custody or visitation with a minor child. Arizona law makes it a “rebuttable presumption that awarding legal decision-making to a legal parent serves the child’s best interests because of the physical, psychological and emotional needs of the child to be reared by a …

Grandparents and Third-Party Rights in Arizona Child Custody Matters Read More »

person at table with document taking wedding ring off phoenix az

The Preferences of Minor Children in Arizona Family Court Cases

Arizona courts are required, by statute, to make orders about parenting time and legal decision-making based on the best interests of the minor child. See ARIZ. REV. STAT. ANN. § 25-403(A). A child’s best interests are determined using eleven (11) factors, one of which considers: “If the child is of suitable age and maturity, the …

The Preferences of Minor Children in Arizona Family Court Cases Read More »

statutory grounds for an order of legal separation

What Are the Statutory Grounds for an Order of Legal Separation in an Arizona Covenant Marriage?

The applicable Arizona statute lists seven (7) bases for granting an order of legal separation to a covenant marriage. See ARIZ. REV. STAT. ANN. § 25-904. The first basis listed by the statute is the adultery of the respondent to the request for a decree of dissolution. § 25-904(1). It is important to note that the …

What Are the Statutory Grounds for an Order of Legal Separation in an Arizona Covenant Marriage? Read More »

common law marriages recognized in arizona

Are Common Law Marriages Recognized in Arizona?

As a general rule, Arizona will not allow a common law marriage to be formed within the state. In fact, only a small handful of United States jurisdictions allow the formation of or recognize some form common law marriage, including: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina (for couples residing together …

Are Common Law Marriages Recognized in Arizona? Read More »

divorcing couple with divorce lawer phoenix az

What Are the Legal Grounds for a Divorce in an Arizona Covenant Marriage?

The applicable Arizona statute lists eight (8) bases for granting a decree of dissolution (divorce) to a covenant marriage. See ARIZ. REV. STAT. ANN. § 25-903. The first basis listed by the statute is the adultery of the respondent to the request for a decree of dissolution. § 25-903(1). It is important to note that …

What Are the Legal Grounds for a Divorce in an Arizona Covenant Marriage? Read More »