Arizona Family Law Laws

Can I Modify Spousal Maintenance | Arizona

Michael Clancy

 

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

Spousal maintenance can be modified by showing a substantial and continuing change of financial circumstances. Well what does that mean? It can mean any number of things. It can mean that you changed jobs. It can mean you have moved. It can mean you have less parenting time. It can mean that you suffered a catastrophic injury and you’re not able to work anymore. Each case is unique and it requires a specific inspection by the attorney who you hire. Also to consider, if your decree says that spousal maintenance is non-modifiable, unfortunately at that point, the court doesn’t have the power to modify, so the answer to the question then would be no. But again, I would love to talk to you more about your case and if you’d like to talk to me, you can email me.

To modify spousal maintenance in Arizona, contact a Scottsdale divorce attorney.

By: Attorney Michael Clancy

How To Begin a Divorce in Arizona | Phoenix Divorce Attorney

Joel Hoffman

 

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Impact of Affair on Divorce Case | Arizona Family Law

Laurence B. Hirsch

 

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Joel Hoffman - Profile Video | Phoenix Divorce Attorney

Joel Hoffman

 

Joel Hoffman

My name is Joel Hoffman. I’m a family law attorney at Warner Angle and I’ve been practicing family law in Arizona for over thirty years. I always return my client’s calls everyday. Sometimes I even surprise my clients because I call them in the evenings and on weekends. And the main compliment that I seem to always get is that I am caring, compassionate and a strong advocate for my clients and I find that provides me with getting them excellent results. I over-prepare for my client’s cases. I know the cases backward and forward and I’m able to give an incredible presentation to the court. Well, I can tell you I’ve had many sleepless nights over some of my client’s cases.

Sometimes, I feel like I worry about my client’s cases as much, if not more than the clients themselves. I find that when clients come into my office, they have lots of concerns and emotions. And so my job is to try and give them some sense of independence, a sense of empowerment, some guidance and some focus, so they can get through one of the most difficult periods that they will ever face in their entire life. I really take it to heart. It’s something that really bothers me that I go home at night and I really am dedicated and concerned for their well being and really try so hard to get them a favorable outcome in the court, so that when they leave my office and have finished the divorce process, they can go on and start a new chapter in their life. If you call me at (602) 264-7101, at my law firm, which is called Warner Angle, I’d be more than happy to schedule a complimentary consultation to answer all your family law questions.

By: Attorney Joel Hoffman

Joel Hoffman

My name is Joel Hoffman. I’m a family law attorney at Warner Angle and I’ve been practicing family law in Arizona for over thirty years. I always return my client’s calls everyday. Sometimes I even surprise my clients because I call them in the evenings and on weekends. And the main compliment that I seem to always get is that I am caring, compassionate and a strong advocate for my clients and I find that provides me with getting them excellent results. I over-prepare for my client’s cases. I know the cases backward and forward and I’m able to give an incredible presentation to the court. Well, I can tell you I’ve had many sleepless nights over some of my client’s cases.

Sometimes, I feel like I worry about my client’s cases as much, if not more than the clients themselves. I find that when clients come into my office, they have lots of concerns and emotions. And so my job is to try and give them some sense of independence, a sense of empowerment, some guidance and some focus, so they can get through one of the most difficult periods that they will ever face in their entire life. I really take it to heart. It’s something that really bothers me that I go home at night and I really am dedicated and concerned for their well being and really try so hard to get them a favorable outcome in the court, so that when they leave my office and have finished the divorce process, they can go on and start a new chapter in their life. If you call me at (602) 264-7101, at my law firm, which is called Warner Angle, I’d be more than happy to schedule a complimentary consultation to answer all your family law questions.

By: Attorney Joel Hoffman

What is the Importance of Establishing Paternity | Scottsdale Paternity

Chris Hildebrand

 

Establishing Paternity in Scottsdale

Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.

Legal Rights for Paternity

The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.

If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.

By: Chris Hildebrand

Establishing Paternity in Scottsdale

Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.

Legal Rights for Paternity

The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.

If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.

By: Chris Hildebrand

What is a Child Support Order | Scottsdale Family Law

C.D. Owens

 

Child Support Order Explained

A child support order is one that’s written by a court through and by the use of a child support worksheet. The worksheet itself contains all the statistical data from which the court is able to derive the basis for the calculation and the amount of the child support.

Elements of Child Support Order

It covers income of the parties, the amount of access of visitation that the non-custodial parent would have and it covers the visitation periods, which causes the amount of child support to go up and down. So, it’s the worksheet that constitutes the basis for the order and the order itself is a simple concise statement of the court’s direction and order as to the amount of money that is to be paid by the payer. If anybody has any questions about the method of calculation, our details of what goes into the figure that’s placed, they can always call our office. We are happy to provide it.

By: CD Owens

Child Support Order Explained

A child support order is one that’s written by a court through and by the use of a child support worksheet. The worksheet itself contains all the statistical data from which the court is able to derive the basis for the calculation and the amount of the child support.

Elements of Child Support Order

It covers income of the parties, the amount of access of visitation that the non-custodial parent would have and it covers the visitation periods, which causes the amount of child support to go up and down. So, it’s the worksheet that constitutes the basis for the order and the order itself is a simple concise statement of the court’s direction and order as to the amount of money that is to be paid by the payer. If anybody has any questions about the method of calculation, our details of what goes into the figure that’s placed, they can always call our office. We are happy to provide it.

By: CD Owens

Am I Required to Report Child Abuse | Scottsdale Child Abuse

Chris Hildebrand

 

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

How Long Will My Divorce Take to be Final and How Much Will I…

Mitchell Reichman

 

Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.

How long will it take for my divorce to be final?

The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.  If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.

How much in attorney fees will I incur in my divorce?

The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.

By: Mitchell Reichman

Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.

How long will it take for my divorce to be final?

The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.  If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.

How much in attorney fees will I incur in my divorce?

The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.

By: Mitchell Reichman

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