Arizona Family Law Laws

What is a Temporary Orders Petition | Scottsdale Family Law

Greg Davis

 

Petition for Temporary Orders in Scottsdale

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

Petition for Temporary Orders in Scottsdale

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

How Long Does a Legal Separation Take | Arizona

Michael Clancy

 

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.

By: Attorney Michael Clancy

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.

By: Attorney Michael Clancy

What Does the Court Consider During a Divorce Case | Tempe Divorce Laws

Douglas Gardner

 

Divorce Case in Tempe Courts

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.

Parenting Time

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.

Legal Decision Making

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.

Child Support

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.

By: Attorney Douglas Gardner

Divorce Case in Tempe Courts

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.

Parenting Time

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.

Legal Decision Making

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.

Child Support

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.

By: Attorney Douglas Gardner

Can a Child Decide Which Parent to Live With | Scottsdale Child Custody

Greg Davis

 

Child Opinions in Custody Cases

A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Child Opinions in Custody Cases

A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Does the Court Consider Separate Property When Determining Alimony | Phoenix Divorce Laws

Erik Bergstrom

 

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

How to Enforce Child Support in Arizona | Phoenix Family Law

Joel Hoffman

 

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Enforcing Child Support in Phoenix

Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.

Petition for Contempt

You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.

Non-Compliance

If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Alan Cochran - Profile Video | Scottsdale Divorce Attorney

Alan Cochran

 

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

What are the Different Forms of Child Custody | Scottsdale Child Custody

Chris Hildebrand

 

Types of Child Custody

I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.

Physical Custody

The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.

Legal Decision Making

But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.

If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.

By: Chris Hildebrand

Types of Child Custody

I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.

Physical Custody

The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.

Legal Decision Making

But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.

If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.

By: Chris Hildebrand

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