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November 2014 Archives

Understanding property division and community property

Resolving issues related to the equitable division of property and assets continues to be one of the most difficult parts of the divorce process. Divorce involves the legal separation of two people whose lives were intertwined, so the property shared between them and accumulated during the marriage must be divided between the divorcing spouses. Essentially, Arizona law recognizes three primary types of property: non-marital property, separate property and community property. Sometimes these categories overlap but understanding the distinction is critical during property division.

We understand grandparents' desire for visitation

Divorce and issues relating to child support and child custody are not new issues; they have existed for decades and many family law attorneys are very familiar with the laws and possible resolutions. However, there are some issues related to child custody that are not as commonly discussed but that nevertheless are very important to those people experiencing them. One of those lesser-discussed issues is grandparent visitation.

Debate over turning child support division over to state

Raising children is expensive so it is important that both parents be involved in assisting financially, regardless of the relationship status of the parents or the specific custody arrangement. When married parents divorce or when a parent who was never married to the other seeks child support, a judge will often order the non-custodial parent to pay child support to the custodial parent. However, the prevalence of child support disputes among parents often means that county or state agencies need to get involved.

What kinds of child custody arrangements exist?

One of the hardest things to resolve during a divorce is child custody. Many couples find it hard to agree on the majority of issues when separating, and deciding who will get legal custody or physical custody of the children is no exception. When the parents cannot reach an agreement among themselves, the court becomes the one who makes the final decision. If the parents do agree on a custody arrangement, a court will generally accept it as long as it is not against the child's best interests.

Understanding Arizona's laws on property division during divorce

In the majority of cases, two issues seem to dominate in divorce disputes: child custody/child support and property division. It can be quite difficult for a divorcing couple to come to an agreement on who should keep what, especially when larger and less-liquid assets, such as real property or business assets, are at stake.