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.
When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.
By: Greg Davis
When a parent loses his or her job, the answer is nothing. Nothing happens to child support. A parent who loses his or her job continues to be obligated to pay the court ordered amount of child support, whether or not a parent is working, a parent has an increase in income, a decrease in income, it’s that parent’s obligation to modify child support and that parent should seek legal advice immediately upon losing his or her job. Call me for more information. Greg Davis, Davis Limited, (602) 279-1900.
By: Greg Davis
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.
I’m very experienced. Been practicing for 25 years and doing family law for over 20 here in Arizona. For me, satisfaction in doing family law really comes from assisting people who are having a difficult time. Attorneys are also known as counselors, because most of the time when people come to you in a family law case they’re fearful, because they don’t understand what’s going to go on. They don’t understand what they can expect, so I try to get rid of those fears early on, giving them a plan, and then going forward with that.
Satisfaction, for me, comes at the end when we’ve been able to achieve all those things, and they’re happy that they had somebody who could help them along the way. I think the best-fit cases are ones that have interesting and complex financial cases. Particularly ones that involve stocks, investments, stock options, sometimes dealing with complex property issues and things like that, along with spousal maintenance.
I was a financial advisor, where I sat down with people and helped them build a financial plan for their future. My approach is such that I’m practical and pragmatic. I’m not aggressive just for the sake of being an aggressive lawyer. If it makes sense to push back, we’ll push back. But normally, I’m looking for pragmatic and reasonable approaches to getting solutions for the client.
By: Kevin Park
I’m very experienced. Been practicing for 25 years and doing family law for over 20 here in Arizona. For me, satisfaction in doing family law really comes from assisting people who are having a difficult time. Attorneys are also known as counselors, because most of the time when people come to you in a family law case they’re fearful, because they don’t understand what’s going to go on. They don’t understand what they can expect, so I try to get rid of those fears early on, giving them a plan, and then going forward with that.
Satisfaction, for me, comes at the end when we’ve been able to achieve all those things, and they’re happy that they had somebody who could help them along the way. I think the best-fit cases are ones that have interesting and complex financial cases. Particularly ones that involve stocks, investments, stock options, sometimes dealing with complex property issues and things like that, along with spousal maintenance.
I was a financial advisor, where I sat down with people and helped them build a financial plan for their future. My approach is such that I’m practical and pragmatic. I’m not aggressive just for the sake of being an aggressive lawyer. If it makes sense to push back, we’ll push back. But normally, I’m looking for pragmatic and reasonable approaches to getting solutions for the client.
By: Kevin Park
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.
Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.
Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.
Author: Chris Hildebrand
Learn about the difference between sole legal decision making from joint legal decision making and joint physical custody of children in Arizona. There are very large differences between sole custody of a child and joint custody. With sole custody, one parent will be able to unilaterally make all major decisions for the children. The other parent is still entitled to obtain his or her children’s medical records, educational records, and counseling records. That other parent just does not have the legal right to decide what medical care his or her child receives, the school the child attends, or the extracurricular activities of the child may participate.
Parents with joint legal custody, on the other hand, have to agree before there are any changes to the children’s school, doctor, and other major decisions affecting the children. Most judges in Arizona award joint legal custody unless the judge determines there has been significant domestic violence, substance abuse, or child abuse.
Call the child custody attorneys at Hildebrand Law, PC at (480)305-8300 to speak to one of our child custody lawyers.
Author: Chris Hildebrand
In Arizona, all property acquired during the marriage is presumed to be community property, while all property owned prior to the marriage is the sole and separate property of that spouse. In a divorce, the court must allocate the separate property to the appropriate spouse and equitably divide all of the community property between both spouses.
If your retirement account was earned entirely during the marriage, then it is presumed to be community property and will be divided equitably, which basically means equally, if your retirement account was earned partially before marriage and partially during the marriage, then it has both a separate property and community property component. The division of these mixed accounts is much more difficult and often requires an expert, such a financial analyst or CPA, to calculate the separate and community portions of the account.
To implement the division of certain retirement accounts, a qualified domestic relations order, or a QDRO, may be required. Division of retirement accounts can be confusing and complicated, and it is recommended that you seek advice from an experienced attorney if these issues are present in your divorce case. If you would like more information, please contact me.
In Arizona, all property acquired during the marriage is presumed to be community property, while all property owned prior to the marriage is the sole and separate property of that spouse. In a divorce, the court must allocate the separate property to the appropriate spouse and equitably divide all of the community property between both spouses.
If your retirement account was earned entirely during the marriage, then it is presumed to be community property and will be divided equitably, which basically means equally, if your retirement account was earned partially before marriage and partially during the marriage, then it has both a separate property and community property component. The division of these mixed accounts is much more difficult and often requires an expert, such a financial analyst or CPA, to calculate the separate and community portions of the account.
To implement the division of certain retirement accounts, a qualified domestic relations order, or a QDRO, may be required. Division of retirement accounts can be confusing and complicated, and it is recommended that you seek advice from an experienced attorney if these issues are present in your divorce case. If you would like more information, please contact me.
Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.
But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.
By: CD Owens
Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.
But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.
By: CD Owens
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