divorce 101: what you need to know before filing for divorce in arizona

Divorce 101What you need to know before filing for divorce

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An Overview of the Law

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The two individuals became a “community”

No one told you how to run your community.

What happened when you got married?

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Who pays bills?

How do you run your bank accounts?


Who has which responsibilities?

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You have that option of making all your own decisions when facing divorce

ONLY is if agreements are reached.


This first about your future and objectives

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Petition

Response

Temporary Orders

Discovery

RMC/Return/Status

Conference

Third Party Experts or Advisors

Trial

Decree

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Divorce Law 101 - Property

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“All” assets and debts accumulated after date of marriage are presumed to be community.

Community Property

>> Except gifts and inheritance

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Property owned prior to marriage Inheritance Gifts

Separate Property

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Co-mingled assets


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When divorcing, we identify your assets and debts, characterize

and divide them

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Community liens on separate property


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and divide them

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Retirement accounts


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and divide them

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Businesses


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and divide them

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Cars


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and divide them

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Personal property


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and divide them

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Other property


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and divide them

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Determine the level of complexity when doing the cost benefit analysis of how

much to spend.

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Be creative - think about objectives

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Modification?

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Divorce Law 101 - Spousal Maintenance

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Does one rely on the other for financial support?

Spousal Maintenance

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The spouse seeking maintenance must show he or she qualifies by establishing any one of the following…

Step #1 - Qualification

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Lacks sufficient property, including property received in the divorce, to provide for his or her reasonable needs;

Qualifies by establishing any one of

the following

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Unable to be self-sufficient through appropriate work,

Or lacks earning ability in the labor market adequate to be self-sufficient,

Or takes care of a child whose age or condition requires him or her to not work outside the home;


the following

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Contributed to the educational or career opportunities of the other spouse;


the following

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Marriage was for long duration and he or she is of an age that prevents them from employment adequate to be self-sufficient.


the following

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If you do not pass this step, or your spouse cannot qualify under one of these factors, the court does not get to step two.

Step #1 - Qualification

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OK, now how much and how long?

Step #2 - Analyzing the Factors

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Standard of living established during the marriage.

Duration of the marriage. Age, employment history, earning

ability and physical and emotional condition of the spouse seeking maintenance.

Ability of the spouse requested to pay, to meet his or her own needs while paying maintenance.

How much

and how long?

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Comparative financial resources of the spouses, including their comparative earning abilities in the labor market.

Contribution of the spouse seeking maintenance to the earning ability of the other spouse.

Extent to which the maintenance seeking spouse reduced his or her income or career opportunities for the benefit of the other spouse.

How much

and how long?

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Ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.

Financial resources of the party seeking maintenance, including marital property awarded in the divorce, and that spouse’s ability to meet his or her own needs independently.

How much

and how long?

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Time necessary to acquire sufficient education or training so that the maintenance seeking spouse may find appropriate employment and whether such education or training is readily available.

Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

How much

and how long?

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Cost to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is

All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim.

Modification?

How much

and how long?

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Divorce Law 101 - Minor Children

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Custody (Legal Decision Making)

Religion Education

Health Personal care

Modification?

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Provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.

Parenting Time: The court shall adopt a parenting plan

that

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The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child.

The court shall consider all factors that are relevant to the child's physical and emotional well-being, including…

What are the factors used to decide?

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The past, present and potential future relationship between the parent and the child.

The interaction and interrelationship of the child with the child's parent or parents, the child's siblings and any other person who may significantly affect the child's best interest.

The child's adjustment to home, school and community.

Factors:

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If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time.

The mental and physical health of all individuals involved.

Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent*.

*This does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse.

Factors:

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Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent.

Whether there has been domestic violence or child abuse pursuant to section 25-403.03.

Factors:

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The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time.

Whether a parent has complied with chapter 3, article 5 of this title.

Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02.

Factors:

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Rights and responsibilities regarding personal care, health care, education and religious training

A proposed plan must include:

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A specific schedule including a holiday and school break schedule


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A procedure for exchanges including who will transport and when exchanges will take place


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A procedure for proposed changes


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Communications procedures


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Other optional provisions College Social media/entertainment agreements Homework agreements Extracurricular activities or expenses Etc.


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Modification?


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Child support is determined according to a calculator and the Arizona child support guidelines.

Your expenses are not considered when determining how much child support you will pay or receive.

A non working parent may be “imputed” income for calculation purposes.

Child Support

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Incomes of both parents (including spousal maintenance)

Parenting time Cost of child care Cost of health care for the children Extraordinary expenses

Factors include:

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State involvement through IV-D

cases

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Modification?

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Divorce Law 101 - Attorney Fees

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Disparity of income Reasonableness of the parties

Awarded based on:

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Divorce Law 101 - Negotiation Options

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Negotiation Options

Written negotiatio

nsMediation

ADR

Informal Settleme

nt Conferenc

es Arbitration

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Divorce Law 101 - Representation Options

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Representation Options

Traditional Flat fee Limited scope

Attorney Representation

CDLP Self Representation

Non-Attorney Representation

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Divorce Law 101 - Final Thoughts

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Most are somewhere in

between

Divorce can be extremely complex or

simple

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Thank You!www.mymodernlaw.co

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om

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SOUTH SCOTTSDALE

7272 East Indian School Road, Suite 540, Scottsdale,

AZ 85251 Tel: 602-910-5360

MESA ARIZONA

1744 S. Val Vista Dr. Suite 205, Mesa, AZ 85204

Tel: 480-649-2905

NORTH SCOTTSDALE

16427 North Scottsdale Road, Suite 300, Scottsdale,

AZ 85254 Tel: 480-649-2905

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divorce 101: what you need to know before filing for divorce in arizona

Law

separate property divorce

personal property divorce

businesses divorce law

cars divorce law

community property

comingled assets divorce

spousal maintenance

community liens