Arizona Divorce & Family Law

With Arizona’s (and the rest of the country’s) current depressed real estate market, many people are facing foreclosures. A few things to keep in mind: 1. The foreclosure is going to continu...

http://arizonafamilylaw.blogspot.com/2008/02/what-happens-during-divorce-if.html

By Carrie Wilcox, Esq. The Arizona Supreme Court recently interpreted Rule 15(c) of the Arizona Rules of Civil Procedure. In so interpreting, the Supreme Court intended to end the disparate conc...

http://arizonafamilylaw.blogspot.com/2006/12/court-rules-on-statute-of-limitations.html

Although not related to family law, the following article may be interesting to anyone who has bought or leased a car that didn't turn out to work so well.... The script got a little fussy so you...

http://arizonafamilylaw.blogspot.com/2006/10/arizona-supreme-court-rules-in-two.html

Custody and access rights of grandparents and other non-parents is a hot button topic in the family courts. Following the U.S. Supreme Court's Troxel decision, Arizona courts are forced to reeva...

http://arizonafamilylaw.blogspot.com/2006/06/custody-and-access-rights-of.html

PARALEGAL BETH REES AT THE FIRM PREPARED THE FOLLOWING IDENTITY THEFT ARTICLE FOR OUR CLIENT NEWSLETTER. I THOUGHT IT COULD BE OF INTEREST SO I REPRINT IT HERE. IDENTITY THEFT It’s beginning ...

http://arizonafamilylaw.blogspot.com/2005/12/identity-theft.html

IN MOST CASES, NEITHER SIDE IN A FAMILY LAW MATTER GETS EXACTLY AND ENTIRELY WHAT THEY WANT FROM A JUDGE PURSUANT TO A CONTESTED HEARING OR TRIAL. ALTHOUGH ALL-OUT VICTORIES OCCUR, THERE IS A C...

http://arizonafamilylaw.blogspot.com/2005/11/what-if-i-dont-like-ruling-on-my-case.html

AN ARIZONA FAMILY LAW CASE AROSE AWHILE BACK WHERE TWO FIRST COUSINS WERE MARRIED IN VIRGINIA BUT MOVED TO ARIZONA SOMETIME BEFORE ARS § 25-112 WAS AMENDED IN 1996. WHILE LEGAL AT THE TIME OF ...

http://arizonafamilylaw.blogspot.com/2005/10/arizona-family-law-case-arose-awhile.html

QUITE A FEW PEOPLE SEEM TO BELIEVE THAT A LEGAL SEPARATION IS A SHORTCUT TO ENDING A MARRIAGE IN ARIZONA. ALTHOUGH IT IS POSSIBLE THAT A LEGAL SEPARATION COULD INVOLVE SLIGHTLY, AND I MEAN SLIG...

http://arizonafamilylaw.blogspot.com/2005/10/legal-separation-vs-divorce.html

WHEN AN OBLIGOR PARENT (THE PARENT PAYING CHILD SUPPORT) MAKES PAYMENTS TOWARD A CHILD SUPPORT ARREARAGE IN ARIZONA, THE COURT SHOULD FIRST APPLY THE PAYMENT TO INTEREST. THIS MEANS THAT THE CH...

http://arizonafamilylaw.blogspot.com/2005/09/application-of-payments-on-child.html

Answer: Step-parents in Arizona may have legal child custody or visitation rights under certain circumstances. Essentially, Arizona law allows step-parents who have acted in place of a paren...

http://arizonafamilylaw.blogspot.com/2005/09/what-legal-rights-do-step-parents-have.html

READERS: I RECEIVED PERMISSION TO REPRINT THE JUNK FAX ARTICLE THAT FOLLOWS. I HOPE YOU FIND IT INTERESTING. KEEP IN MIND THAT THIS IS NOT MY AREA OF PRACTICE, ALTHOUGH I HAVE SEVERAL PEOPLE W...

http://arizonafamilylaw.blogspot.com/2005/08/readers-i-received-permission-to.html

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is what is known as a "uniform law." Uniform laws are generally created by a committee representing a national contingency of...

http://arizonafamilylaw.blogspot.com/2005/07/uccjea-and-child-custody-jurisdiction.html

Divorces, credit ratings and changed standards of living all seem to go together. One common issue in many divorces is bankruptcy. One party wants to file, both want to, one party is assigned t...

http://arizonafamilylaw.blogspot.com/2005/07/new-bankruptcy-legislation.html

ANSWER: SIMPLIFIED MODIFICATIONS ARE USED ONLY FOR CHILD SUPPORT MODIFICATIONS IN ARIZONA. THE ARIZONA FAMILY COURT'S SIMPLIFIED MODIFICATION FORMS ARE USED EXCLUSIVELY FOR THIS LEGAL PROCEE...

http://arizonafamilylaw.blogspot.com/2005/06/what-is-difference-between-simplified.html

ANSWER: THE ARIZONA CHILD SUPPORT GUIDELINES USE GROSS INCOME. IT ALLOWS THE LEAST AMOUNT OF TINKERING WITH INCOME AND SIMPLIFIES THE DETERMINATION OF ACTUAL INCOME. MANY CLIENTS TELL ME THAT I...

http://arizonafamilylaw.blogspot.com/2005/06/do-arizona-child-support-guidelines.html

ANSWER: UNDER ARIZONA FAMILY LAW, DAY-TO-DAY LIVING EXPENSES REALLY DO NOT FACTOR IN AT ALL IN THE ARIZONA FAMILY COURT'S CALCULATIONS. IN OTHER WORDS, THE ARIZONA CHILD SUPPORT GUIDELINES AND AR...

http://arizonafamilylaw.blogspot.com/2005/06/how-do-living-expenses-of-parties.html

ANSWER: UNDER CERTAIN CIRCUMSTANCES, AS DICTATED BY ARIZONA LAW. SPECIFICALLY, THE RELEVANT STATUTE STATES AS FOLLOWS: A.R.S. §25-102. CONSENT REQUIRED FOR MARRIAGE OF MINORS. A. PERSONS UND...

http://arizonafamilylaw.blogspot.com/2005/06/may-minors-marry-in-arizona.html

COMMON LAW MARRIAGES ARE THOSE THAT OCCUR IN AN UNOFFICIAL MANNER BUT THAT MAY BE RECOGNIZED IN CERTAIN SITUATIONS AND PLACES. COMMON LAW MARRIAGES CAN OCCUR ONLY IN CERTAIN U.S. STATES. THERE AR...

http://arizonafamilylaw.blogspot.com/2005/06/common-law-marriages.html

It appears that Arizona finally has an emancipation of minors law. House Bill 2428 was transmitted to Governor Janet Napolitano on April 13, 2005 and signed by her five days later. A few highligh...

http://arizonafamilylaw.blogspot.com/2005/05/arizona-passes-emancipation-statute.html

THIS CHILD VISITATION ISSUE IS A VERY EMOTIONAL ISSUE FOR BOTH PARENTS TO AN ARIZONA DIVORCE, PATERNITY OR OTHER FAMILY COURT PROCEEDING AND THERE ARE VARIOUS FACTORS THE ARIZONA FAMILY COURT CON...

http://arizonafamilylaw.blogspot.com/2005/05/what-parental-access-is-appropriate.html

ANSWER: JURISDICTION OVER A DIVORCE (OR OTHER FAMILY COURT PROCEEDING) AND JURISDICTION OVER CHILDREN WHO MAY BE PART OF AN ANTICIPATED/ONGOING/PREVIOUS DIVORCE/MODIFICATION ARE OFTEN DIFFERENT. ...

http://arizonafamilylaw.blogspot.com/2005/04/what-states-family-court-has.html

ANSWER: NORMALLY NOT AND, SINCE PASSAGE OF THE BRADLEY AMENDMENT BY THE U.S. CONGRESS IN 1986, IT SEEMS DIFFICULT INDEED. THE BRADLEY AMENDMENT, 42 U.S.C. § 666(A)(9)(C), BASICALLY SAYS THAT CHI...

http://arizonafamilylaw.blogspot.com/2005/04/can-child-support-be-retroactively.html

ANSWER: NORMALLY NOT. UNLESS A PARENT AGREES TO PAY FOR A CHILD'S COLLEGE EDUCATION AND FORMALLY OBLIGATES HIM/HERSELF TO DO SO, A PARENT IS NOT SO REQUIRED. IN OTHER WORDS, THERE IS NO ARIZONA F...

http://arizonafamilylaw.blogspot.com/2005/04/does-arizona-family-law-require-parent.html

Answer: Section 4 of the Arizona Child Support Guidelines, adopted by the Arizona Supreme Court and effective January 1, 2005, addresses this issue. Under Section 4 of the Arizona Child Support ...

http://arizonafamilylaw.blogspot.com/2005/04/is-final-month-of-child-support.html

ANSWER: RETAINERS AND FEE ADVANCES ARE OFTEN CONFUSED AND OFTEN ARE MISTAKENLY USED INTERCHANGEABLY. TECHNICALLY, THEY ARE DIFFERENT AND SERVE SLIGHTLY DIFFERENT PURPOSES. RETAINERS ARE AMOUNTS G...

http://arizonafamilylaw.blogspot.com/2005/03/what-is-retainer-versus-fee-advance.html