Arizona 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 move on with your life. Divorce can be a very difficult process that requires an attorney who will help guide you down the path of success by making sure that your financial interests are secure and your children’s best interests are met. To help give you an overview, here are some of the more common issues that may be addressed in your divorce:

Division of Property and Debts

“What’s mine is ours” rings especially true in Arizona when it comes to property and debt acquired during a marriage. Arizona is a community property state, which means that during a marriage, title to property is determined by when that property was acquired, not by whose name is on it. For example, if a husband purchases a car during the marriage and the car itself is held in husband’s sole name (perhaps because wife has poor credit) the car is still community property because it was acquired during the marriage. Because of this, wife is entitled to a half-share of the car. By the same token, if wife opened up a credit card without husband’s knowledge and amassed a balance on that card, the legal presumption is that wife encumbered the community with that debt, and husband would be liable for half of the debt.

Click here to watch how community property assets and debts are divided.

When people end their marriage, their marital property and debt must be divided. Arizona courts have a legal, mandatory duty to equitably divide property and debts held in common during a divorce. To that end, in dissolution cases, it is often more advantageous to settle property and debt division issues to ensure that this division is truly fair and equitable. Having an experienced, knowledgeable attorney on your side advising you on property and debt issues will be vital to your case.

Legal Decision-Making

This is a relatively new term to Arizona as it replaced the common designation of “legal custody.” This term has the practical effect for a parent or guardian making major, non-emergency decisions for a child. These decisions can include education issues, medical issues and religious issues. Courts generally prefer both parents to be active in making joint decisions for the child, but sometimes fitness issues can prevent this. Some common examples of behaviors that might prevent joint legal decision-making are: substance abuse, domestic violence, sex abuse or criminal incarceration. At Hildebrand Law, we will explore all facets of legal decision-making with you to ensure that your children are protected and their best interests served.

Click here to watch Arizona family law attorney, Greg Davis, explain the benefits of sole legal-decision making.

Parenting Time

Courts know and appreciate the special bond that forms between a child and his/her parent. Parenting time spent between a parent and child is extremely important in nurturing that bond as a child grows. Many parents are able to juggle work, activities and school in maintaining a consistent parenting time plan between two households. If there are no fitness issues and it is logistically possible, courts will want to maximize each parent’s time with their children. Because children benefit from frequent, meaningful contact with both parents in situations when there are no risks to the children, equal parenting time is often possible. However, sometimes equal parenting time is not in the children’s best interests, especially if one parent travels for work or lives out-of-state. Because each situation is unique, having an attorney to advise you on parenting time issues is key to understanding the process and achieving the best result for your family.

Click here to watch Scottsdale child custody attorney, Kip Micuda, explain how to enforce parenting time in Arizona.

Child Support

In divorces with children, it is common for one parent to owe the other child support. Arizona law requires parents to fulfill their duty to provide support to their natural or adopted children. Child support is determined by comparing each parent’s gross monthly income or income capacity and combining them into a formula developed for the courts. After considering deductions like medical insurance premiums, parenting time days (for the non- custodial parent), daycare costs and child support for non-common children, a court will apply the Arizona Child Support Guidelines, which will calculate an amount for monthly child support. However, sometimes in rare situations where one or both parents’ combined gross monthly income exceeds $20,000.00 per month or because it would be fundamentally unfair to apply the Guidelines, a court will deviate from them to provide a fair child support

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