Schedule A Phone Consultation $375 for a 50 minute consultation. (Includes document review) Kyle Scoresby is now available for phone consultations.   Schedule A Phone Consultation $375 for a 50 minute consultation. (Includes document review) Kyle Scoresby is now available for phone consultations.   J. Kyle Scoresby, Attorney My staff and I look forward to helping you pursue your goals. If you need a lawyer, don’t hesitate to contact us at our offices in Mesa and Scottsdale. The post testing 7-8-9 appeared first on Scoresby Family Law ..read more

Despite lawyers’ and judges’ best efforts to draft precise legal decision-making and parenting time orders, issues may arise between  parents which are not addressed in the court orders.  For example, parents may disagree about how and where the children will exchange  from one parent to the other.  Parents may disagree regarding dividing school breaks or minor holidays not address in their parenting plan.  Believe it or not, the parents in one of my cases could not even agree on how to cut their child’s hair! When parents cannot resolve disagreements on their own, the ..read more

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I. Introduction Under Arizona Revised Statutes § 25-318 (A), Arizona divorce judges are directed to “divide the community, joint tenancy and other property held in common equitably . . . .”  Over the years, Arizona courts have interpreted this statute to require that “all marital joint property should be divided substantially equally unless sound reason exists to divide the property otherwise.” Toth v. Toth, 946 P.2d 900, 903, 190 Ariz. 218 (1997) (citing Hatch v. Hatch, 113 Ariz. 130, 133, 547 P.2d 1044, 1047 (1976)). This article will address the limited circumstances under which an Ari ..read more

By:  J. Kyle Scoresby A.R.S. § 25-415 allows a person other than a legal parent to seek custody of a child under certain circumstances. Winning custody of a child for the non-parent, however, is a tall order. The governing statute, A.R.S. § 25-415, sets up a two-part process. Subsection A of A.R.S. § 25-415 addresses the facts that must be alleged in the petition for non-parent custody and the elements the court must find in order for the petition to survive summary dismissal and to have an evidentiary hearing set. If the petition survives the trial court’s initial review under A.R.S. § 2 ..read more

By: J. Kyle Scoresby In an Arizona divorce case, the family court judge is authorized to award spousal maintenance if the judge determines it is warranted under A.R.S. § 25-319. By agreement between a husband and wife only, the spousal maintenance order may be made non-modifiable. A.R.S. § 25-319 (C). Unless otherwise specifically agreed in writing or expressly provided in the divorce decree, spousal maintenance orders terminate upon the death of either party or upon the remarriage of the party receiving maintenance. A.R.S. § 25-327 (B). This holds true even when the spousal maintenance order ..read more

By: J. Kyle Scoresby Tiger Woods has one. Madonna and Guy had one. Donald Trump has had several. Of course, I’m speaking of prenuptial agreements. With the nationwide divorce rate at approximately 50%, and even higher for second marriages, it’s not difficult to understand why. Prenuptial agreements can address the division of property in the event of a divorce, spousal maintenance (alimony) and may even require both spouses to maintain strict confidentiality regarding the reasons for the divorce and the terms of the divorce in order to qualify to receive payments under the premarital agreement ..read more

By: J. Kyle Scoresby 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 m ..read more