Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support. Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.
For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.
A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support. Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.
For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
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