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Phoenix Divorce Law Blog

Working out a parenting time agreement in divorce

In divorce, settling matters related to child custody and visitation is not always and easy task. In many cases, it is the most difficult part of the divorce. Oftentimes the difficulties lie in the relationship between the parents, but the difficulties can also arise from not understanding an effective way to approach the issue of parenting time. Of course, this is part of why it is so important to work with an experienced attorney. In addition, parents can also take advantage of information provided by the Arizona Courts so they are better educated going into the process.

In a document entitled "Planning for Parenting Times: Arizona's Guide for Parents Living Apart," Arizona parents are able to get a basic understanding of some of the issues to consider when working out a parenting time schedule with their ex, as well as the possibilities for parenting time schedules. Though it is understandable that circumstances change, working out an effective parenting time schedule is important to do the first time around so that parents do not have to go back to court and rework things.

Overcoming challenges inherent to the divorce process

A couple may choose to divorce for a number of reasons. Whether a divorce was years in the making, precipitated by one major event or a total surprise; learning that a husband or wife has filed for divorce is likely to set off a firestorm of thoughts and emotions.

Once divorce papers have been filed and served, everything changes. The problems a couple faced privately are no longer just between the two of them. As attorneys, judges and the courts get involved, husbands and wives may feel as though they have little to no control.

Work closely with a skilled attorney on property division issues

Property division is a very important aspect of the divorce process, particularly for couples with significant assets. Because of the nature of the process of property division, it is important for parties to divorce to be well represented by an experienced attorney. One major reason for this is that the application of the rules of property division is not always straightforward.

In Arizona, as some Phoenix readers may know, courts utilize an approach to property division called community property. Under this approach, most property a couple acquires during the marriage is considered to be community property and is subject to equal division in divorce. That being said, exceptions to this rule can include property received by inheritance and gifts.

Does remarriage end existing orders for spousal maintenance?

In the years after divorce, many people adjust to the changes in their lives and move forward. For many people, this may include giving marriage another try.

Most aspects of a marital relationship come to a close once a divorce is finalized. However, child support and spousal support payments are one legacy of marriage that can continue long after two people have parted ways. In terms of remarriage, parental obligations do not end, so child support orders remain in place until children reach the legal age limits. On the other hand, spousal support orders could be suspended if the spouse who receives payments is married again.

Prenuptial agreements can prevent divorce-fueled debt feud

When people imagine what's covered by a prenuptial agreement, or divorce more generally, they are likely to consider pre- and post-marital assets and earnings. After all, prenuptial agreements can be an effective tool to clearly define assets that were acquired prior to marriage and, thus, should be considered separate property. At the same time, premarital agreements can also define certain assets earned during marriage as separate property in the event of divorce.

What people may not immediately consider is how effectively a prenuptial agreement can address debt. No one wants to be stuck with a financial obligation that is actually not his or hers, particularly after divorce.

What is the difference between legal annulment and divorce?

Navigating a web of legal terms and concepts may cause some stress for many Arizona residents. When trying to determine whether legal separation or divorce is the best move for their family, some people may come across the concept of legal annulment. Although annulment enters the arena of family law, it is different from divorce in a number of key ways.

First off, the term "annulment" may be most closely associated with religious tradition. The state of Arizona, which recognizes and enforces the marriage contract of residents, has nothing to do with the religious connotations of annulment. However, there is a legal dimension associated with annulment, and it's worth exploring.

Defining Arizona's community property laws for divorce

From time to time, we have discussed the idea of community property on this blog as it relates to property division in Arizona. Although this legal concept has been mentioned multiple times, we have yet to explore this topic in depth. With a closer look, readers will hopefully have a better understanding of the basic mechanics of splitting assets during divorce.

Arizona is among a handful of states that have community property laws, as opposed to equitable division laws. In short, this property division scheme means that any shared assets or property (with a few exceptions) are subject to being split evenly between spouses when they divorce. Unless a prenuptial agreement suggests a different course of action, this principle will be applied across the board.

Working out a plan for parenting time

When couples are looking to settle matters of child custody, there is wide variety of final outcomes. The reality is that not every case will be resolved with both parents splitting physical custody of their children equally.

Even though one parent might receive sole physical custody it does not mean that the other parent will not be allowed to spend any time with children. Rather, granting full custody to one parent was considered to be in the best interests of the child and the other parent can still receive visitation rights to play a role in the child's life.

Remarriage, divorce and spousal support: Sorting out the details

For a person who is married at a young age and divorces within a relatively short period of time, he or she has many youthful years to consider a second marriage. Of course, anyone who is going into marriage having been through divorce, there is probably a lot of knowledge gained between the two events.

No matter the situation, entering into another marriage will no doubt be a different situation. Those who are in this scenario might want to consider a prenuptial agreement, simply as a practical measure. Defining separate and marital property ahead of the nuptials could save time and animosity down the road.

Is divorce process different for Arizona covenant marriages?

Throughout the course of this blog, divorce has generally been discussed in terms of basic marriage agreements. Under these circumstances, an individual doesn't need a specific reason to file for divorce. In other words, it is a no-fault arrangement.

It's worth noting, however, that Arizona law offers another option: covenant marriage. Not only is the process to get married under this arrangement slightly different than a "standard" marriage, but so too is the process to get divorced or legally separated.

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