The misuse and abuse of restraining orders in divorce and child custody cases is pervasive.  Far too often one of the parties in a divorce or child custody case fabricates or exaggerates allegations of domestic violence in order to eject the other party from a common residence or to obtain de facto custody of common children by way of a restraining order.  This abuse of the restraining order process is a disservice to true victims of domestic violence as it causes judges to view most plaintiffs with some degree of skepticism, regardless of the validity of their abuse allegations ..read more

Sadly, the days of marriage-before-babies are long past.  It seems that it is now socially acceptable to put the baby carriage before the marriage.  A woman will no longer be branded with a red “A” for having a child out of wedlock.  In fact, it is almost a celebrated practice.  “Baby mamas” have songs written about them and appear to have almost the same perks as wives these days – without the relationship or the marriage. What happens when the novelty wears off?  And what are the legal ramifications for a child born out of wedlock? Children being born to couples who ..read more

If you want to save on attorney’s fees, settle your case.  If you want to save a lot, settle early. One of the biggest motivators in settling a divorce case is to save on the significant attorney’s fees involved in taking a case to a court trial.  In some extreme cases, such as those involving the trifecta of a child custody dispute, a spousal maintenance claim, and a fight over a business all rolled into one case, each party may easily incur well over $50,000 in attorney’s fees taking the case to trial.  In a case that will ultimately cost $50,000 in attorney’s fees t ..read more

Just about every day a client or potential client asks me how much spousal maintenance (alimony) she will receive in her divorce or how much spousal maintenance he will have to pay in his divorce. Just about every time my answer is, “I don’t know.” That is a bit of an exaggeration, but it is close. It is extremely difficult for any lawyer, however experienced, to accurately predict the outcome at trial of a spousal maintenance dispute. Judges have broad discretion in deciding spousal maintenance disputes, and on any given day, two judges presented with identical evidence might render drastical ..read more

Clients often ask whether they should get a legal separation before pursuing a divorce.  Aside from a few exceptional situations discussed below, the answer is “no.” An Arizona legal separation is generally not viewed as a precursor to a divorce.  Instead, it is viewed as an alternative to divorce whose use is very limited.  Legal separations are every bit as complicated as divorces.  They result in a termination of the marital community (community property is terminated) the same as in a divorce.  Legal separations take the same amount of ..read more

Ending a marriage is not an easy thing to do. Sometimes a spouse wishes she could wipe the slate clean and make the last few months or years disappear. As an alternative to divorce, marriages in Arizona may be annulled when there is “cause . . . rendering the marriage void.” A.R.S. Sec. 25-301. The law limits judges’ ability to grant annulments, however, and judges will only grant annulments to those who truly never should have been married in the first place. To qualify for an annulment, the marriage must have been voidable for some reason. If the parties cannot show grounds for an annulment ..read more

Child support calculations in Arizona are governed by the Arizona Child Support Guidelines.   These Guidelines establish a formula for calculating child support which family court judges must follow except in rare circumstances.  So is figuring out child support always simple in Arizona cases?  The answer is yes.  And no.  Once the variables which go into the formula are determined, calculating child support is easy, but it is not always so easy to determine the variables on which child support calculations are based. The primary Arizona child support statute is A.R.S ..read more

Just the thought of getting divorced can be overwhelming.  It has been said that divorce is as or more stressful than even the death of one’s spouse.  After years of marriage, it can be difficult to imagine being divorced, let alone how to get the legal process started.  This article will briefly outline what should be done before filing divorce and will provide an overview of the divorce process. Reconsider Reconciliation.  As I wrote in my Seven Deadly Sins article http://scoresbyfamilylaw.com/the-seven-deadly-sins-in-divorce/, everyone should genuinel ..read more

What does “family law” mean?   Some people naturally assume that a “family law” attorney, like a family doctor, does a little bit of everything and can take care of any of your legal needs, be it a will, a bankruptcy or a personal injury case.  When people hear the name of my law firm, “Scoresby Family Law”, they sometimes think I must practice law with a sibling or with one of my adult children. In fact, a family law attorney is an attorney who practices in the law of family relationships.  At the front end, this may include doing a premarital agreement for someone who is ..read more

Mediation can be an effective way to resolve some or all issues in a divorce case.   Mediation is a hot topic these days, and understandably so.  A successful divorce mediation can potentially save the parties tens of thousands of dollars compared to fighting the case out in court. Mediation is different from “arbitration.”  In mediation, the neutral mediator has no authority to decide contested issues on which the husband and wife are unable to agree.  The mediator’s role is to assist husband and wife in coming to agreements—to guide husband and wife toward a voluntar ..read more