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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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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, including conciliation services, …

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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 absent evidence to …

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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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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 …

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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 …

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