Blog Posts in August, 2015

  • Spousal Maintenance

    Spousal maintenance, formerly known as alimony, is available in Arizona. Spousal maintenance is an award of money payments from one spouse to the other for a period of time. Spousal Maintenance varies from case to case and Judge to Judge. A party seeking Spousal Maintenance must first meet the burden listed below, some reason for needing spousal maintenance; If the spouse lacks sufficient property ...
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  • Attorney Value in Family Law

    Why is it important to have an attorney who is neutral party to the proceedings? All court cases come with some level on intimate investment for the parties, whether it be a business deal gone south or a personal injury situation. Above those is the level of investment we have in our families, those issues addressed in family court are the ones that are the most personal to us. For this reason it ...
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  • Pre-Nup?

    A valid pre-nuptial agreement can be an extremely valuable tool. These agreements can help mitigate the consequences of a high conflict divorce, or completely eliminate the need for divorce attorneys in the future. What do I need to do in order to create a Pre-Nup? In order to create a valid enforceable prenuptial agreement, there must be a agreement in writing that is signed by bother parties. A ...
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  • Termination Of Parental Rights

    In what ways is it possible for me to lose my parental rights? It is possible, but only under certain circumstances and when such issue is brought forward by an interested party. When an interested party files for a termination of your parental rights they must show evidence of one of the following: That you abandoned the child; That you neglected or willingly abused the child; That you are unable ...
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  • Surrogacy

    What potential consequences could I face by using a surrogate mother in order to have children? First it is important to know that contracts or agreements for surrogate parentage in Arizona are prohibited. This means that these agreements are unenforceable and attempting to fulfill one could end up in further unintended consequences to you and your family. When dealing with a surrogacy agreement ...
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  • Attorney Shopping

    No matter the legal situation, there is once constant refrain of advice; hire an attorney. Easier said than done however, what should you look for when hiring an attorney. In family law scenarios you are not only are you letting them into your family affairs, you are entrusting them to guide you to a resolution of those affairs. So what type of things should you look for in an attorney? Trust: If ...
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  • Parenting Plan

    What is a Parenting Plan and why do I need one? When you and your spouse cannot agree on a plan for legal decision making or parenting time a Parenting Plan is needed from both spouses to find agreements and where there are none for the court to use in its determination. A parenting plan typically includes: A designation of either joint or sole legal decision making; Each parents rights and ...
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  • Community property

    What is the difference between community property and separate property? And how does it affect me? Community property is that property that is owned mutually by you and your spouse within your marriage. Separate property is that property that is owned solely by you. Community property begins with your marriage and encompasses almost all things that you obtain during the marriage. Typical ...
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  • Legal Decision Making

    What is legal decision making? Legal decision making is a component of custody, specifically legal decision making is the legal right to make all nonemergency legal decisions for a child. This means being able to decide things like, where your child goes to school and what religion they practice, as well as make decisions regarding health care and other personal care decisions. So how do the ...
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  • Who Is The Father?

    Only children born during a marriage are presumed to be of the marriage. If born out of wedlock, the Father must establish paternity through the Court. Before establishing paternity, Fathers have very little legal recourse if Mother decides to deny them parenting time, or even relocate the child. Conversely, if you are alleged to be the Father, but you have your suspicions, you must take action to ...
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  • Covenant Marriage??

    My significant other has asked for a covenant marriage, so what is it? A covenant marriage is a unique marital status that has different requirements to obtain and has a stricter standard to meet in order to get separated. In order to obtain a covenant marriage a couple must provide a declaration of intent that includes; a written statement as set out by the state, a signed and sworn statement ...
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  • DIY Attorney?

    Family Courts have made it easier for the individual to make their way through the system without the need for an attorney, so why do you need one? Proceedings in family court tend to be cases with a high amount of emotion involved with them. With your family going through hardship there is a chance that emotions can be overwhelming and cloud your better judgment. This is just one factor pointing ...
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  • Location, Location, Location!

    Why does location matter? Jurisdiction in a family law case dictates what you are able to accomplish along with your divorce or separation. Granting a divorce is only a change in status, if you want to be able to enforce spousal maintenance or any other order from the court, the court you file in must have jurisdiction over your soon to be ex. Does this matter for my children? Yes, in order for a ...
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  • Been Served? Now What?

    Maybe you saw it coming, maybe it knocked your socks off. Either way, once you have been served with divorce or modification documents, you need to act quickly. Depending on how you were served and where, you either have 20 or 30 days to file a response in the appropriate court. Failure to do so could result in a default ruling (A default ruling is where the court decides every issue in favor of ...
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