Arizona Family Law Laws

How The Courts Determine Spousal Maintenance | Phoenix Family Law

Joel Hoffman

 

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

How is Alimony Determined in Arizona | Scottsdale Alimony Laws

C.D. Owens

 

Determining Alimony

That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.

Alimony Example

For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.

By: CD Owens

Determining Alimony

That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.

Alimony Example

For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.

By: CD Owens

How Do I Start a Legal Separation | Arizona

Kip Micuda

 

A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

To start a legal separation, please contact an Arizona legal separation attorney.

By: Attorney Kip Micuda

A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

To start a legal separation, please contact an Arizona legal separation attorney.

By: Attorney Kip Micuda

Alimony, Support & Custody During Divorce | Scottsdale Divorce Laws

C.D. Owens

 

Setting Court Hearings

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

Setting Court Hearings

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

Do I Need a Reason to Get a Divorce | Scottsdale Divorce Law

Chris Hildebrand

 

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

What are the Benefits of Filing for Divorce First | Scottsdale Divorce Attorney

Greg Davis

 

Filing For Divorce First in Arizona

I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.

So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.

By: Greg Davis

Filing For Divorce First in Arizona

I am asked the question, “does it make sense to file first” all the time, almost every day. The truth is it doesn’t matter at all whether you’re the petitioner or the respondent. What may matter, however, is the filing attorney’s zip code controls what judicial district you end up in.

So, if you call me, Greg Davis, my zip code points me to the northeast judicial district. That is my home court. Every attorney has a home court and I like mine. Most attorneys like theirs too. For more information, please contact me, Greg Davis, at (602) 279-1900.

By: Greg Davis

Chris Hildebrand - Profile Video | Scottsdale Family Law

Chris Hildebrand

 

About Chris Hildebrand

Hi, I am Chris Hildebrand of Hildebrand Law. I am the owner and founder of Hildebrand Law. We practice family law in Arizona, which includes divorce, legal separation, child custody, child support, alimony issues, community property and community debit issues. What motivates me to practice family or to do the best family law work that we do at Hildebrand Law is a desire to help people transition through the process as easily and smoothly as they can. I feel we provide a lot more than legal advice for our clients.

Hildebrand Law Philosophy

We are concerned genuinely concerned about the outcome of every clientโ€™s case and the impact that this divorce case have or may have on this clientโ€™s life or their children. We take a lot of care and detail to ensure that the advice we give our clients and the work we are putting on their behalf and the effort we are exerting for that client is going to provide a result for that client that is satisfying for the client that is helpful to the client and their children and it is going to set them on a path that is positive. I am able to draw on my almost 20 years of family law experience to really walk my clients through complicated and difficult process of a divorce in Arizona, so that we can take that client from the place of being fearful of where their life is going to be to a place where they can move on with their life and have a very happy life.

By: Chris Hildebrand

About Chris Hildebrand

Hi, I am Chris Hildebrand of Hildebrand Law. I am the owner and founder of Hildebrand Law. We practice family law in Arizona, which includes divorce, legal separation, child custody, child support, alimony issues, community property and community debit issues. What motivates me to practice family or to do the best family law work that we do at Hildebrand Law is a desire to help people transition through the process as easily and smoothly as they can. I feel we provide a lot more than legal advice for our clients.

Hildebrand Law Philosophy

We are concerned genuinely concerned about the outcome of every clientโ€™s case and the impact that this divorce case have or may have on this clientโ€™s life or their children. We take a lot of care and detail to ensure that the advice we give our clients and the work we are putting on their behalf and the effort we are exerting for that client is going to provide a result for that client that is satisfying for the client that is helpful to the client and their children and it is going to set them on a path that is positive. I am able to draw on my almost 20 years of family law experience to really walk my clients through complicated and difficult process of a divorce in Arizona, so that we can take that client from the place of being fearful of where their life is going to be to a place where they can move on with their life and have a very happy life.

By: Chris Hildebrand

Can I Appeal a Dissolution of Marriage or Business Valuation | Arizona

Kathi Sandweiss

 

I’m Kathi Sandweiss. I’m the Chair of the appellate practice section at Jaburg and Wilk.

Can I appeal a dissolution?

You can appeal basically any final judgement, and that means you can appeal a dissolution, but it’s not as if you’re no longer divorced. You’re not appealing the fact of the divorce. What you’re appealing typically is about money. It can be about something else, but typically somebody will appeal a distribution of property, for example. And a lot of times that will go back to what the lower court determined was the value, for example, of a business. And the value of that business will then impact how your property is distributed.

How do I know my business was valued correctly during my divorce?

One of the basic errors that someone alleges in the divorce decree, in the dissolution decree is that a business was not valued properly. So, that goes back to a dueling expert standard. My expert witness, say, valued my art practice at $300,000. Your expert witness valued my business at $500,000, and that’ll determine a lot of how much money is distributed to each party. The problem with it is you’re looking at credibility of witnesses, and you don’t want to be in the position of asking the higher court to determine that there was a factual error because that’s a much tougher standard on appeal.

By: Kathi Sandweiss

I’m Kathi Sandweiss. I’m the Chair of the appellate practice section at Jaburg and Wilk.

Can I appeal a dissolution?

You can appeal basically any final judgement, and that means you can appeal a dissolution, but it’s not as if you’re no longer divorced. You’re not appealing the fact of the divorce. What you’re appealing typically is about money. It can be about something else, but typically somebody will appeal a distribution of property, for example. And a lot of times that will go back to what the lower court determined was the value, for example, of a business. And the value of that business will then impact how your property is distributed.

How do I know my business was valued correctly during my divorce?

One of the basic errors that someone alleges in the divorce decree, in the dissolution decree is that a business was not valued properly. So, that goes back to a dueling expert standard. My expert witness, say, valued my art practice at $300,000. Your expert witness valued my business at $500,000, and that’ll determine a lot of how much money is distributed to each party. The problem with it is you’re looking at credibility of witnesses, and you don’t want to be in the position of asking the higher court to determine that there was a factual error because that’s a much tougher standard on appeal.

By: Kathi Sandweiss

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