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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 acquired during the …

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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 decisions.” Id.   …

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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 of child relocation …

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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). For example, if …

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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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