Arizona Family Law Laws

Who is Required to Report Child Abuse in Arizona?

Kip Micuda

 

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.

By: Attorney Kip Micuda

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.

By: Attorney Kip Micuda

Difference Between Legal Separation & Divorce | Scottsdale Family Law

C.D. Owens

 

Petition for Legal Separation

A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.

Legal Separation Examples

For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.

Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.

Special Situations

Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.

By: CD Owens

Petition for Legal Separation

A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.

Legal Separation Examples

For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.

Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.

Special Situations

Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.

By: CD Owens

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

What Will the Judge Decide in My Divorce Case | Arizona

Michael Clancy

 

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

Can You Keep Your Spouse's Health Insurance Policy After a Divorce | Scottsdale Divorce…

Greg Davis

 

Health Insurance Portability & Accountability Act

In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, contact me, Greg Davis, at (602) 279-1900.

By: Greg Davis

Health Insurance Portability & Accountability Act

In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, 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

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

What is Sole Legal Decision Making Authority | Scottsdale Child Custody

Greg Davis

 

Legal Decision Making

In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Legal Decision Making

In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Family Law lawyers listing in .
Family Law Articles

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 More

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…

Read More