A recent opinion from the Arizona Court of Appeals brings up (and corrects) a terrible idea: jointly owning property with your ex-spouse after divorce. If you or your spouse wants to own property jointly after divorce, you should listen to the pros and cons, find out whether the court can even order it, and whether you should talk with a divorce lawyer first.  ..read more

2020 brings a lot of changes to Arizona Divorce Podcast. In this episode I provide updates on my new law firm, episode frequency and content for 2020, and the various changes to the website.  ..read more

The majority of American adults don't have an estate plan in place. So why should you think about estate planning while going through a divorce? It's not as if you don't have enough on your plate already. In this episode I discuss the ramifications for failing to estate plan during a divorce, and the windfall that can benefit your soon-to-be Ex. Learn some of the key reasons why you should update or create an estate plan after starting your divorce and how simple and affordable it can really be.  ..read more

Divorce is litigation and litigation is driven by deadlines. In this episode I cover the ins and outs of Rule 4 which governs how time (e.g. deadlines) are governed and calculated under the Rules of Family Law Procedure. Listen to this episode to learn how a 20-day deadline is calculated differently than a 10-day deadline and more.  ..read more

Special guest Glenn Halterman appears on the show to discuss community liens in real estate, as well as disclaimer deeds and how they affect the characterization of property. Community liens arise when community funds are used to enhance one spouse's separate property. In this episode we break down common ways a spouse will come to own separate real estate, how community liens arise exactly, the formula used by the court to determine the extent of a community lien, and evidentiary issues people should be thinking about when dealing with a community lien in their divorce.  ..read more

Rule 69 under the Family Law Rules of Procedure allow the parties, and/or their attorneys, to enter into binding agreements. This is important for divorcing parties to be able to make settlements that cannot later be undone so progress can be made toward a final resolution. In this episode I discuss the aspects of the rule, the requirements to make an agreement binding, and the uphill battle for anyone trying to challenge an agreement under this rule.  ..read more

Back in episodes 3a and 3b we discussed the Nicaise and Paul E. cases. The Arizona Supreme Court has since ruled on the Paul E. case. In this episode I address the ruling and how it might impact the majority of people who will share joint legal decision-making with their spouses.  ..read more

In every divorce case, the parties will be required to disclose a great deal of information, typically within 40 days of the Response to the divorce Petition being filed. In this episode, I teach you the several aspects of Rule 49, when the disclosure is due, what it will need to include, the sanctions that can arise if you fail to do it, and more.  ..read more

We all want/need to retire one day. Even though it seems like a distant problem, the more we do now the better it will be in the future. In this episode I interview Sam Kasper, a wealth management and financial planner, and learn some tips and tricks to getting on track with retirement planning, even after divorce, and some things to consider during the divorce process to help jump start your future retirement.  ..read more

Before you go to a Resolution Management Conference (RMC), you will almost certainly have to file a Resolution Statement. The rules require it to be done shortly after the initial disclosure and most court orders scheduling an RMC will order it to be done, usually one week or so before the RMC. In this episode I discuss the rule on Resolution Statements, their purpose generally, and I go over the court form step by step so you can be ready to fill out and file your own Resolution Statement.  ..read more