Phoenix, AZ

Phoenix AZ Family Law Blog

Monday, March 18, 2019

How does same-sex divorce differ from heterosexual divorce?

Phoenix same-sex divorce attorneys can appreciate both the differences and the similarities in divorces between their heterosexual and homosexual clients.

All couples Read more . . .

Monday, March 11, 2019

Can taking a premarital prep course prevent a future divorce?

How do you know if you are really prepared for marriage? Is there a course you can take to increase the chance that you will not get divorced? 

Phoenix divorce attorneys have seen it all and would not be surprised by the results of a recent study outlining the 11 most common reasons for divorce. 

The study was conducted on couples who had gotten divorced 14 years after taking a premarital course called PREP.
Read more . . .

Friday, February 22, 2019

How are parental rights severed?

When people think about adoption, they often picture unwed teens voluntarily giving their newborns up, often to a couple that’s unable to have a baby of their own. But this kind of adoption is only one of many situations where the parental rights of biological parents are severed. 

Read more . . .

Sunday, February 17, 2019

What should I do if I think my spouse will become violent if I ask for a divorce?

Invariably, long-married couples reach a stage where one might joke that “the honeymoon’s over” -- but sometimes it isn’t a joke. And sometimes it doesn’t take very long for a couple to reach that point where one partner may consider getting a divorce. In fact, a woman was recently arrested and allegedly admitted to fatally stabbing her husband of less than three months after he reportedly asked her for a divorce.

Divorce is easy and often comes with some potent emotions—like hurt, disappointment, anger, embarrassment, fear, and more. Sometimes divorces can be worked out amicably while other times they are hotly-contested.

Read more . . .

Monday, January 28, 2019

It Sunk the 40 Year Marriage of the Captain and Tennielle

Is Arizona a no-fault divorce state?

Phoenix divorce attorneys as well as many fans all over the country were surprised to learn that after 39 years of marriage, the Captain and Tennielle, called it quits. The former 1970s pop superstar duo’s first and best known-hit was Love Will Keep Us Together--so news of the wife, Toni Tennille filing for divorce in 2014 unleashed the expected jokes. At the time, the husband, Daryl Dragon—who was known and nicknamed for constantly wearing a captain’s hat--was reportedly suffering from a non-terminal seizure disorder similar to Parkinson’s and was surprised at the filing which alleged that the marriage was irretrievably broken.

In Arizona, which is a no-fault divorce state, the spouse who wants a divorce need only state that their marriage is “irretrievably broken with no reasonable prospect for reconciliation” in about 99% of all marriages. There are however more restrictive grounds in the 1% of marriages that are considered covenant marriages.
Read more . . .

Monday, January 21, 2019

Would you donate a kidney to your ex-spouse?

Phoenix divorce attorneys see the full spectrum of divorce scenarios from the most amicable to the most adversarial.

Spouses who don’t share children can make a “clean break” after the

Read more . . .

Friday, December 28, 2018

Divorce Drives Couples to Financial Mistakes

What financial mistakes should I avoid when getting divorced?

Phoenix family law attorneys help people navigate some of the most turbulent, emotional times of their life as once happy couples and/or families go from “I do” to “I’m done”.

If you are getting divorced in Arizona, there are many factors to consider when separating one household into two.
Read more . . .

Monday, December 10, 2018

Divorcing with Pets in Arizona

Who gets the pets in a divorce?

Most people who are getting divorced in Arizona, understand that going from “I Do” to “I’m done” involves difficult decisions. At a minimum, that requires dividing the couple’s assets and deciding if one spouse will pay alimony (or spousal support) to the other. If there are children, issues like child custody, visitation, and support must be worked out or ordered by the court if the parties can’t agree.

So, what happens to the family pets?

They are beloved family members that both spouses are often willing to fight for. But unlike kids, who our placed in the custody of one or both parents based on what’s in the best interest of the children, pets have long been considered to be personal property in Arizona and most states.
Read more . . .

Friday, November 30, 2018

Escaping a Marriage of Domestic Violence

Q: How can a domestic violence victim get a divorce?

There are many reasons that make one or both spouses consider getting a divorce. While state laws differ, most states including Arizona are no-fault divorce states. That means they do not require a party who wants a divorce to show that the other was at fault or caused the divorce. All the spouse who wants a divorce needs to do is allege when filing for divorce that the marriage is "irretrievably broken with no reasonable prospect for reconciliation”. (One very rare exception to the no-fault rule is in a covenant marriage divorce, which only represents about 1% of Arizona divorces.)

But the fact but you can file for an Arizona divorce for any or no reason, doesn't necessarily make it easy. Going from “I do” to “I'm done” often evokes a flood of emotions and stress as one household is divided into two, especially if minor children are involved. Issues such as property division and spousal support must be navigated and if there are minor children, child custody, visitation and support can be difficult to work out.

Unfortunately, some people are in situations where they may want to divorce but are too afraid to pursue it.

Domestic violence attorneys can help protect and obtain compensation for domestic violence victims who are ready to stop the abuse and move forward with a healthy, new life. Some of the legal assistance may include:

Read more . . .

Tuesday, November 13, 2018

Child Abandonment in Arizona

Is abandoning a child ever legal?

Arizona divorce attorneys are accustomed to parents fighting over custody of their children as, more often than not, both parents want sole or joint/shared custody. Except in particular circumstances, courts generally favor both parents making the important legal decisions regarding their child and deem shared involvement after divorce to be in the best interest of the child.

In Arizona, custody is called “legal decision-making” and it refers to the power to make important decisions about and on behalf of the child-- such as education, healthcare, religious upbringing, activities, and personal care. In addition, where the child will physically reside is known as “parenting time”.

There are several factors related to the well-being of the child that the court considers when deciding which parents will be granted legal decision-making and parenting time.
Read more . . .

Thursday, October 25, 2018

When You Didn’t Get a Prenuptial Agreement Before the Wedding

Is it too late for a marital agreement after the wedding has happened?

Marital agreement attorneys understand that many happily engaged couples don’t put prenuptial agreements on their pre-wedding “to do” lists.

Nothing kills a happy engagement period like talking about getting divorced while registering for China before you even walk down the aisle, but for many couples—not just celebrities--it’s the responsible thing to do. Second (or third or more) marriages are often good examples of couples who may benefit from marital agreements since there are often children from earlier marriages who spouses may want to provide for using certain assets.

The good news is that couples who didn’t get, but should have gotten, prenuptial agreements can correct the problem after the wedding by entering into a post-nuptial agreement.

Recently, Lisa Marie Presley, the only child of the late King of Rock, Elvis Presley, scored a legal victory in her divorce when a judge ruled her post nuptial agreement to be “iron clad” and held that she did not have to pay any spousal support—also known as alimony-- to her ex-husband.
Read more . . .

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