Arizona divorce laws provide a community property framework, which means spouses divide most marital assets and debts acquired during the marriage equally in divorce. Considerations of sex and gender do not have any bearing on property and asset division or spousal maintenance. A wife’s entitlement in a divorce depends on…
Rule 69 of the Arizona Rules of Family Law Procedure permits parties to enter into independent, binding agreements during a family law case. These agreements may address divorce, child support, parenting time, legal decision-making, or spousal maintenance. An Arizona family law attorney at Mushkatel, Gobbato, & Kile, P.L.L.C., can help…
Same-sex spouses in Arizona follow the same legal divorce process as opposite-sex couples. However, certain issues can be uniquely complex and may require extra attention, especially when the marriage predates Arizona’s legal recognition of same-sex unions. While Arizona courts apply the same standards to all divorcing spouses, specific timelines and…
Divorce can significantly disrupt your daily life and even affect your estate plan. When a divorce is final, Arizona law automatically revokes some provisions in estate-planning documents that name your former spouse as a primary beneficiary or fiduciary. However, you may still need to address other estate planning issues. At…
To modify child custody in Arizona, you must prove that you have experienced a substantial and continuing change in circumstances since the original custody order, and that modification serves the child’s best interests. Without sufficient justification, a court may deny your petition to modify custody. At Mushkatel, Gobbato, & Kile,…
A valid prenuptial agreement can simplify the divorce process by specifying how the couple will handle their marital property, debts, and spousal support, rather than leaving those decisions to the court, when the couple separates. However, the courts review these agreements to ensure they meet legal standards before enforcing them….
When parents of children with disabilities divorce, they must consider more than standard child custody or property division issues. They must also consider how the divorce will affect the children’s care, financial stability, and access to support programs. Arizona law allows parents to address these special concerns through parenting plans,…
Getting a divorce is not a decision that anyone arrives at quickly. Yet, once you make the decision to go through with a divorce, you will probably want to get through the process as soon as you can in order to move forward with your life. It may help you to have…
Today, most states recognize the right of two individuals to marry and separate as they please and when they please. If a husband or a wife is no longer content in the marriage, that spouse may leave it. This was not always the case, however.Not too long ago, in many…
You hear a lot of rumors about divorce in Arizona when you go through one. One common rumor is that you and your spouse will have to split everything equally because Arizona is a “community property” state. Some people also call it a “50/50” state. Don’t let the name fool you. Not…
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