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

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.…
How Do Arizona Courts Calculate Child Support?

How Do Arizona Courts Calculate Child Support?

In Arizona, child support is calculated using the Arizona Child Support Guidelines, which take into account numerous factors, such as:   The gross income of both parents. The number of children common to the parties. The amount of parenting time each parent has with the child(ren). The cost of health insurance for…
Claiming Minor Children on Tax Returns After a Divorce or a Child Custody Order

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…
Dividing a Business During Divorce or Legal Separation Under Arizona Law

Dividing a Business During Divorce or Legal Separation Under Arizona Law

Arizona is a community property state. See ARIZ. REV. STAT. ANN. § 25-211. This means that when a married couple divorces or separates, Arizona courts are required to equitably divide any assets that have become property of the marital community. See ARIZ. REV. STAT. ANN. § 25-318. With some exceptions, any property…
Legal Decision-Making / Legal Custody Under Arizona Law

Legal Decision-Making / Legal Custody Under Arizona Law

Arizona statute uses the terms “legal decision-making” and “legal custody” interchangeably somewhat interchangeably. See ARIZ. REV. STAT. ANN. § 25-401(3). The applicable statute defines “legal decision-making” as “the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care…
Moving with Your Child When You Share Custody Under Arizona Law

Moving with Your Child When You Share Custody Under Arizona Law

Under Arizona law, when you want to move with your minor child and you share custody with another individual, the best place to start with looking at the issue is by reviewing any court orders that are in place and any written agreements you have with the nonmoving parent. If the issue…
How is Paternity Established in an Arizona Family Court Case?

How is Paternity Established in an Arizona Family Court Case?

When it comes to establishing paternity, Arizona law lays out four different scenarios in which a court may presume paternity. The first scenario is when the mother of the child and the alleged father were married within certain timeframes of the birth of the child. See ARIZ. REV. STAT. ANN. § 25-814(A)(1).…
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…
Family Pets Under Arizona Divorce Law

Family Pets Under Arizona Divorce Law

Occasionally, a client will bring up an issue concerning visitation or ownership of a family pet, such as a dog or a cat. The relationships between pet owners and their pets can run very deep, as many individuals cherish their furry friends as much as they would their own children. Unfortunately, when…
What Happens During Arizona Conciliation Court Proceedings?

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…
What is Arizona’s Conciliation Court?

What is Arizona’s Conciliation Court?

In Arizona, in certain cases, spouses may seek or might be ordered to submit their family law controversies to a conciliation court. Conciliation court attempts to either preserve the marriage or to resolve controversies. See Ariz. R. Fam. L. Pro. 68(b)(1). A conciliation court can offer different services to achieve these goals,…
Where to File a New Family Law Case in Arizona

Where to File a New Family Law Case in Arizona

Under Arizona law, there are two aspects to deciding where to file a new family law case: (1) venue and (2) jurisdiction.     I. Venue in Arizona Family Law Cases   The issue of venue is relatively straight forward. “Venue” refers to the Arizona county in which the family law case may…
Arizona Family Court Cases & The Best Interests of Minor Children

Arizona Family Court Cases & The Best Interests of Minor Children

I. The Best Interests Standard   In Arizona, whenever a family court makes a determination about legal decision-making (custody) or parenting time for a minor child, it is statutorily required to make orders that are in that minor child’s best interests. See ARIZ. REV. STAT. ANN. § 25-403(A). Arizona statute states that…
Terminating Spousal Support in Arizona Family Law Cases

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…
Obtaining Spousal Maintenance in Arizona Divorce & Legal Separation Cases

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…
Grandparents and Third-Party Rights in Arizona Child Custody Matters

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…
The Preferences of Minor Children in Arizona Family Court Cases

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…
Arizona Legal Annulment of Marriage

Arizona Legal Annulment of Marriage

Arizona law empowers its superior courts to “adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void.” ARIZ. REV. STAT. ANN. § 25-301. When an annulment is granted, Arizona courts proceed as though the marriage had never existed in the first place. “Upon…
What Are the Statutory Grounds for an Order of Legal Separation in an Arizona Covenant Marriage?

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…
Are 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…
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