Arizona Divorce, Modification, and Enforcement

Divorce, Modifications and EnforcementArizona Family Law 101

2

An Overview of the Law

www.mymodernlaw.com

www.accesslegaldocs.com

Two individuals became a “community”

No one is told how to run this “community”

What happened when you got married?

3


www.mymodernlaw.com


Who is responsible for what?

Who pays bills or takes care of bank accounts?

What happened when you got married?

4


www.mymodernlaw.com


You have the option of making all your own decisions.

ONLY if agreements are reached.

What happens when you get divorced?

But first must decide your objectives.

5

Divorce Law 101 - Property

www.mymodernlaw.com


All assets and debts accumulated after date of marriage are presumed community.

Community Property

>> Except gifts and inheritance

6


www.mymodernlaw.com


Property owned prior to marriage Inheritance Gifts

Separate Property

7


www.mymodernlaw.com


Petition

Response

Temporary Orders

Discovery

RMC/Return/Status

Conference

Third Party Experts or Advisors

ADR

Decree

Trial

8

List


www.mymodernlaw.com


Divorce requires 1) identify assets/debts

Location

Value

9

Bank accounts Retirement Real Estate Business interests


www.mymodernlaw.com



10

Investments Vehicles Furniture Jewelry and other personal property


www.mymodernlaw.com



11

Community property Sole and separate property


www.mymodernlaw.com


Divorce requires 2) determine character

12

Co-mingled assets Community liens on separate property


www.mymodernlaw.com


Divorce requires 2) determine character

13

Equitable division Equitable does not always mean equal


www.mymodernlaw.com


Divorce requires 3) divide assets/debts

14


www.mymodernlaw.com


Cost benefit analysis of how much to spend on divorce

depends on level of complexity.

15


www.mymodernlaw.com


Be creative - think about objectives

16


www.mymodernlaw.com


Modification to Property Division

17


www.mymodernlaw.com


Enforcement of Property Division

18

Divorce Law 101 - Spousal Maintenance

www.mymodernlaw.com


No magic numbers (years of marriage, income, etc.)

Does one rely on the other for financial support?

Spousal Maintenance

19


www.mymodernlaw.com


Spousal Maintenance – Step 1

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

20


1. 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

www.mymodernlaw.com


21


2. Unable to be self-sufficient through appropriate work, orLacks earning ability in the labor market adequate to be self-sufficient, orTakes care of a child whose age or condition requires him or her to not work outside the home;


the following

www.mymodernlaw.com


22


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


the following

www.mymodernlaw.com


23


4. 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

www.mymodernlaw.com


24


www.mymodernlaw.com


If Step 1 is not met, the analysis ends and the court does not get to Step 2.

Spousal Maintenance – Step 1 Qualification

25


www.mymodernlaw.com


OK, made it through Step 1, now how much and how long?

Several factors are considered

Spousal Maintenance – Step 2

26


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?

www.mymodernlaw.com


27


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?

www.mymodernlaw.com


28


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?

www.mymodernlaw.com


29


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?

www.mymodernlaw.com


30


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

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.

How much

and how long?

www.mymodernlaw.com


31


www.mymodernlaw.com


Per Statute

Modification of Spousal Maintenance

Per Agreement

32


www.mymodernlaw.com


Enforcement of Spousal Maintenance

Options for Enforcement

33

Divorce Law 101 - Minor Children

www.mymodernlaw.com


Provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time, in order to serve the best interests of the children.

Minor ChildrenThe court shall adopt a Parenting Plan

that

34


www.mymodernlaw.com


Custody (Legal Decision Making)

Religion Education

Health Personal care

Modifiable

35


www.mymodernlaw.com


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?

36


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:

www.mymodernlaw.com


37


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:

www.mymodernlaw.com


38


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:

www.mymodernlaw.com


39


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 (parent education).

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

Factors:

www.mymodernlaw.com


40


www.mymodernlaw.com


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

A proposed plan must include:

41


www.mymodernlaw.com


A specific schedule including a holiday and school break schedule


42


www.mymodernlaw.com


A procedure for exchanges, including who will transport and where exchanges will take place


43


www.mymodernlaw.com


A procedure for proposed changes


44


www.mymodernlaw.com


Method of communication between parents


45


www.mymodernlaw.com


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


46


www.mymodernlaw.com


Modifiable?

Modification of LDM and Parenting Time

47


www.mymodernlaw.com


Seek enforcement through the court Conciliation services or mediation Use of parenting coordinator

Enforcement of LDM and Parenting Time

48


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

General expenses are not considered when determining amount of child support.

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

Child Support

www.mymodernlaw.com


49


Incomes of both parents (including spousal maintenance)

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

Factors include:

www.mymodernlaw.com


50


Enforcement

www.mymodernlaw.com


Modifiable?

51


State involvement through IV-D

cases

www.mymodernlaw.com


52

Divorce Law 101 - Attorney Fees

www.mymodernlaw.com


Disparity of income Reasonableness of the parties

Attorney’s fees award based on:

53

Divorce Law 101 - Final Thoughts

www.mymodernlaw.com


Most are somewhere in

between

Divorce can be extremely complex or

simple

54

Thank You!www.mymodernlaw.co

mwww.accesslegaldocs.c

om

55

SOUTH SCOTTSDALE

7272 East Indian School Road, Suite 540 Scottsdale, AZ 85251

Tel: 602-910-5360

MESA ARIZONA

1 North MacDonald Street, Suite 201 Mesa, AZ 85201 Tel: 480-649-2905

www.mymodernlaw.com


Arizona Divorce, Modification, and Enforcement

Law

Transcript of Arizona Divorce, Modification, and Enforcement