In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
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.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
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.
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.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
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.
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.
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
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.
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
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.
By: Greg Davis
Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.
By: Greg Davis
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.
We are concerned genuinely concerned about the outcome of every client’s case and the impact that this divorce case have or may have on this client’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
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.
We are concerned genuinely concerned about the outcome of every client’s case and the impact that this divorce case have or may have on this client’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
Child support in Arizona is controlled by Arizona revised statute, title 25 section 320, which is commonly referred to as the Arizona child support guidelines. The child support is determined from utilizing certain factors:
Please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation to review these factors for your specific situation, and calculate the amount of child support you would either receive or be obligated to pay on a monthly basis. I look forward to meeting with you.
Child support in Arizona is controlled by Arizona revised statute, title 25 section 320, which is commonly referred to as the Arizona child support guidelines. The child support is determined from utilizing certain factors:
Please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation to review these factors for your specific situation, and calculate the amount of child support you would either receive or be obligated to pay on a monthly basis. I look forward to meeting with you.
State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.
State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.
A Judge Can Order a Parent to Attend Counseling in Arizona
A Judge Orders a Parent to Attend Domestic Violence Counseling in Arizona Can a judge order a parent in a child custody…
Read MoreArizona Dissolution of Marriage
In divorce, many issues require a resolution. Those issues can be resolved either by you or by the court before you can…
Read More
