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Interstate Custody Laws: A Roadmap for Arizona Parents
When parents separate, the changes can include one or both moving to another state. If minor children are involved, divorce and post-dissolution proceedings can be substantially more stressful and complicated. Child custody disputes add a layer of complexity, and the effect is further magnified when one or more family members have moved out of state. To address these issues more efficiently, Arizona has adopted interstate custody laws and procedures that govern the process. Understanding the...
Separate vs. Community Property in Arizona Divorces
Are you going through a divorce and wondering what assets are subject to division in the process? Or are you contemplating leaving a spouse, but are concerned you’ll be saddled with half of your ex’s small business debt? Understanding what assets are considered separate property versus community property in Arizona is an important place to start. We know that going through a divorce is stressful no matter how unhappy you are in your marriage. Divorce presents both emotional and financial...
Relocation – What it takes to win
In 2023 Hanna Amar and Logan Matura of our firm won an important Family Court case involving a parent’s request to move out of state with the children (known as a “Relocation” case), and just this month the trial court’s decision was upheld by the Arizona Court of Appeals. Relocating out of the state, with children is one of the most difficult things to achieve in Family Court. The “Best Interest of the Children” is the standard judges use in every child custody case, including relocation...
Parenting After Divorce- Now What?
You never thought you’d be here. It certainly wasn’t the plan. A “single-mom” or “single-dad.” Maybe you have full custody; maybe you have an equal parenting time schedule. Whether your relationship after divorce with your ex is good or not, one thing is for sure: parenting is hard. And it just got harder. So now what? First thing’s first, get your perspective right. You get to be with your kids. You get to raise them the way you want on your time. You get to nurture them. You get to make them...
New Spousal Maintenance Guidelines
On July 3, 2023, Chief Justice Robert Brutinel issued Administrative Order 2023-119, which approves and adopts a set of Spousal Maintenance Guidelines, and which provide for the use of a new Spousal Maintenance Calculator. When do the guidelines go into effect? These guidelines will go into effect beginning on July 10, 2023. Who does this administrative order affect? These new Spousal Maintenance Guidelines (and the new Spousal Maintenance Calculator) apply to Dissolution of Marriage and Legal...
Benefits of a Family Law Mediation Lawyer
In Arizona, divorce is a common reality. The state has an average of 20,000 divorces annually, with around 10% of those cases going to trial. The average length of a divorce in Arizona is 9 months, but some cases can take years to resolve. The process can be long, complicated, and emotional when a couple decides to end their marriage. It is important for both parties to understand their rights and responsibilities, as well as the different legal options available to them. If you are facing a...
Grandparents Rights in Arizona: Establishing Visitation Rights in AZ
Grandparents often play a critical role in their grandkids' lives, providing them with love, support, and guidance. Unfortunately, situations can arise where grandparents might find their relationships with their grandchildren disrupted or even severed entirely. In Arizona, grandparents have legal rights to seek visitation, custody, or even adoption of their grandchildren. This article will explore grandparents' rights in Arizona, including the relevant statutes, how a family law attorney can...
5 Great Tips for Divorcing Homeowners in The Current Economy
Article Regarding Divorcing Homeowners By Guest Blogger Barbara Woyak, Certified Divorce Real Estate Expert Property values are in a state of correction. The Fed Chair Jerome Powell has not minced words when relaying the Federal Reserve’s intentions to basically give a 10-20% haircut on property values via interest rate hikes (that show no signs of stopping). It needs to happen. The market could never sustain spikes in values going on forever — it’s unhealthy. And none of that feels good or...
What Sets Our Family Law Attorneys Apart From Others
There are A LOT of family law attorneys in Phoenix. There are even more divorce attorneys when you expand your search to the Valley. Some attorneys dabble in Family Law as part of their practices, and others (like us) focus solely on Family Law. Our firm is just one of what seems like endless options when going through a divorce or child custody battle. However, there is one thing that sets us apart from most divorce attorneys that we have found makes a huge difference in our cases: We value...
What To Include In A Great Parenting Plan
A parenting plan is a document that states when the children will be with each parent (parenting time) and how major decisions will be made (legal decision-making). Drafting a parenting plan is a significant task, as it outlines how both parents will handle issues and support the upbringing of the children after divorce or separation. A well-written, detailed parenting plan can make co-parenting easier because it acts as a point of reference for how to deal with various parenting situations as...
ARIZONA’S ABORTION CONTROVERSY – CIRCA 1962
This past week the Unites States Supreme Court overturned the landmark case of Rowe v. Wade, giving the individual states power to outlaw and/or criminalize abortion. Twenty-six states have already passed laws restricting access to abortion or making it illegal. Arizona is one of them. In 1962 -- eleven years before Rowe v. Wade - Arizona was at the center of a national firestorm regarding the issue of abortion. The controversy raged around Sherri Finkbine, a local Arizona television host on...
HOW NEW CHANGES TO THE iPHONE COULD AFFECT YOUR FAMILY COURT CASE
Beginning in the Fall, 2022 Apple will be making changes on phones that could affect divorce and custody cases in Family Courts all over the country in a not-so-good way. The new IOS 16 operating system will allow people to edit, and even unsend, their text messages within fifteen minutes from the time they were originally sent. That will give cell phone users an option they never had before, but from a Family Law perspective it could result in critical evidence being altered or lost...
COVID-19’S IMPACT ON FAMILY LAW IN ARIZONA
As we come out of COVID-19 restrictions, experts are looking back on how the pandemic impacted relationships, families, divorces and family court. There were many lives taken, and jobs lost, and relationships that did not thrive when put under the harsh restrictions over the last two years. However, there were some great benefits that came from work-from-home-culture, and people who were quarantined together being able to reconnect. When the pandemic first began experts assumed that divorce...
Arizona Legislature’s New Law Would Put Children in Charge of Their Parents
There’s a new bill on the horizon in the Arizona legislature that every parent should be aware of -- a law currently being considered by our legislators which could create havoc in Family Court cases involving parenting-time and legal decision-making authority of children. The law seeks to modify Arizona Revised Statute, Section 25-403. That statute contains a number of factors the Superior Court judges use in custody cases to determine which parent should have legal decision-making authority,...
Do I Have To Share My Inheritance In A Divorce?
“I was left an inheritance; do I have to share it in my divorce?” This is a very common question Family Law attorneys are asked. The answer depends on how you handle the money. Arizona is a community property state. This means that almost all assets, both property and debt, acquired during the marriage are considered to be “community property” and are eligible to be split in the event of a divorce. All assets acquired before marriage are “separate property.” But there are exceptions,...
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Client Reviews
Very honest
November 2009 I retained Mr. Frank almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…
– Judy K