Arizona Family Law Laws

Can a Father’s Name be Added to a Birth Certificate | Arizona

Michael Clancy

 

A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

How Do I Enforce Parenting Time | Arizona

Kip Micuda

 

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

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

What is a Parenting Plan in Arizona | Hildebrand Law, PC

Michael Clancy

 

A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.

By: Attorney Michael Clancy

Kip Micuda - Profile Video | Arizona Family Law

Kip Micuda

 

My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

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

What Happens to Retirement Accounts During a Divorce | Phoenix Divorce Laws

Erik Bergstrom

 

Community Property vs Separate Property

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.

Retirement Accounts

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.

Qualified Domestic Relations Order

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.

By: Attorney Erik Bergstrom

Community Property vs Separate Property

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.

Retirement Accounts

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.

Qualified Domestic Relations Order

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.

By: Attorney Erik Bergstrom

How to Modify Spousal Support | Scottsdale Alimony Laws

Greg Davis

 

Spousal Maintenance in Scottsdale

In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Spousal Maintenance in Scottsdale

In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

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