What is the Uniform Child Custody Jurisdiction and Enforcement Act? In most cases, interstate child custody matters in the United States fall under the law of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is not a federal law; rather, it is a uniform state law that works in similar ways to federal laws as it has been adopted across several jurisdictions. Currently, 49 states, including Arizona, operate under the Act. In Arizona we now use the term “Legal Decision-Making” instead of “Custody” but the two terms are commonly used interchangeably by parents. The Act ensur ..read more

What is Arizona’s Community Property Law? Are you engaged in divorce proceedings or otherwise considering divorce? Among the many considerations is what will become of the marital assets. How will they be divided? Who gets what? With such concerns, it is wise to be informed about property division and property laws in Arizona divorces. Our law firm is proud to lend knowledgeable legal advice to those needing a little guidance in this regard. Arizona is one of nine community property states in the US. Everything earned or incurred during an Arizona marriage is considered community property, mea ..read more

What Are Child Support Arrears? Arizona family law requires that co-parents provide ‘reasonable support’ to their children. This requirement of support does not go away in cases of divorce or separation. Family law courts may enforce child support agreements to force parents to abide by the law. Sometimes, for whatever reason, the non-custodial parent may find it challenging to keep up with the child support payments. Often, this is not a purposeful decision but rather the result of a significant change in their life. Common reasons someone might fall behind in child support payments include l ..read more

What is a Legal Separation? Though similar to a divorce in many ways, there are several key differences between a divorce and a legal separation. The main difference is that, with a legal separation, the spouses remain married. A legal separation grants the spouses time to consider their differences and decide where to take their lives. They may ultimately decide to reconcile, or the legal separation could be converted into a divorce with relative ease. Like a divorce, a legal separation will separate your finances (and, depending on your circumstances, also lead to physical separation). The s ..read more

What Are the Rights of Unmarried Parents in Arizona? The family unit is changing. Marriages are becoming less common. Sometimes these marriages might simply be delayed, but other people take on a sort of ‘if it’s not broken, don’t fix it’ approach to maintaining a happy household. But do unmarried couples have the same rights as their married friends? When a married couple has a child, both parents are automatically afforded equal custody of their children. These equal rights between the two parents change only after divorce or separation. But what of unmarried parents? Unmarried parents in Ar ..read more

Does Adultery Affect Divorce Proceedings? Adultery is defined as sexual intercourse between a married individual and someone other than their spouse. In Arizona, the act is actually still considered a felony and may be punishable by up to five years in state prison. However, perhaps not surprisingly, the felony charges are rarely enforced. (If the sexual affair occurs during a period of spousal separation, then it is only considered a misdemeanor offense.) When an affair happens, it’s natural for the loyal spouse to feel deep betrayal. The two may enter marriage counseling in an attempt to sav ..read more

What Advantages Does a Prenuptial Agreement Offer? Couples in Arizona who are about to marry may – and in most cases, should – prepare a prenuptial agreement (or a “prenup”) with the help and advice of a Phoenix prenuptial agreement attorney. As you probably know, a prenuptial agreement is a financial and legal document that may allow spouses to protect their individual property, to gain protection from the other spouse’s debts, and/or to establish other terms and provisions if the marriage ends in divorce. Do Arizona couples genuinely need to prepare a prenuptial agreement before getting marr ..read more

Is There a Waiting Period to Remarry After My Arizona Divorce? If you’re in the process of getting a divorce in Arizona, you may wish to remarry soon after your divorce is finalized. Most states have varying laws and legal rules that deal with this instance, and you must always ensure you follow them carefully. First, it may seem simplistic, but you must always wait until the court legally finalizes your divorce before you enter a new marriage. Until your divorce is actually and lawfully final, you are still married to someone else. This would be considered bigamy and is illegal in all 50 stat ..read more

Can a Stepparent (or new spouse) Legally Adopt My Child in Arizona? When you get divorced and have children, many legalities arise and always complicate the divorce process and possibly your and your children’s future. For Example, if you remarry, your new spouse may want to “unify” the family and formally adopt your children. There are legal and emotional benefits to taking this step, but exact legal processes must be followed. As a stepparent who adopts your stepchild, you will usually enhance and strengthen your family connection and make you closer to your stepchildren. Also, as the steppa ..read more

How Should You Handle School Choices After a Divorce? Choosing the right school for your child can be a complex process, especially during or after a divorce or after a break-up. What makes it even more challenging is that choosing a school is not a one-time process. In fact, choosing a school can be necessary multiple times during a child’s life, even during the normal schooling process. There’s the transition from kindergarten to grade school to middle school to high school. And often there are multiple options for each of them. Add to that the need to move in order to accommodate the fact t ..read more