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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 …

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

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 …

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

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 …

What Should You Look for in Family Law Attorney? Read More »

Whether or not you should hire a family law attorney depends on your specific situation and legal needs. However, it is generally advisable to seek to assistance of a licensed and experienced attorney when possible. It is important to consult with a qualified family law attorney who can evaluate the specifics of your situation and …

Should You Hire a Family Law Attorney? Read More »

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. § 25-403.03. If …

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

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 the child(ren). Any …

How Do Arizona Courts Calculate Child Support? Read More »

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 …

Arizona Family Court Cases & The Best Interests of Minor Children Read More »

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 neglected, is how …

Claiming Minor Children on Tax Returns After a Divorce or a Child Custody Order Read More »

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 …

Dividing a Business During Divorce or Legal Separation Under Arizona Law Read More »

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.   …

Legal Decision-Making / Legal Custody Under Arizona Law Read More »