Family Law

Recent Posts in Family Law Category

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COMMUNITY EQUITABLE LIEN ON A SOLE AND SEPARATE BUSINESS

Under Arizona law, generally a business or interest that you have in a business that you acquired or owned prior to the marriage is your sole and separate property and continues to be so even during ...
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CASH FLOW TIGHT? HOW YOU CAN PAY YOUR SPOUSE FOR AN INTEREST IN A BUSINESS

Once a value for the business is established – usually through a business valuation done by a certified business evaluator or expert which we will discuss in more detail in a later blog in this ...
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ESTABLISHMENT OF PATERNITY FOR IV-D CHILD SUPPORT

A common reason for a Mother to want to establish the paternity of an uninvolved Father is so that she can receive needed child support. A Court cannot order someone to pay child support unless ...
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DNA TESTING

In last week’s blog- Establishment of Paternity- I discussed scenarios in which DNA testing might be needed in order to dispute or confirm someone’s assertion of paternity. But you might ...
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Establishment of Paternity

If you want to establish any type of Court orders for legal decision-making authority, parenting time, or child support, you will first need to establish the paternity of the Father in the action. ...
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Domestic Violence and Legal Decision-Making

Just as an Order of Protection can have implications regarding possession of firearms, so too can this Order have an immediate effect on parenting time and legal decision-making. When granting an ...
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Are You Really the Parent or Not?

The life of a stepparent is full of conflicting messages. You’re supposed to treat the kids like your own, but you’re not supposed to overstep your boundaries. You may get criticized for ...
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Kiss Your Financial Privacy Good-Bye

By: Christa D. Banfield, Esq. Most people, when going through a divorce, grudgingly accept the fact that every facet of their financial life will be laid bare in order to divide it up. What people ...
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Community Liens On Separate Property

By: Kris Leonhardt, Esq. When community money is used to improve or invest in the separate real property of one spouse, the community will have a constructive “lien” against that separate ...
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Modifying Spousal Maintenance

By: Max Nicholas Hanson, Esq. Now, you've gone to trial in your divorce or legal separation case and the Court awarded one of the parties spousal maintenance for a certain amount payable each ...
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How to Keep Your Inheritance Your Sole and Separate Property

By: Michelle J. Perkins, Esq. Now let’s say someone in your family has passed away and you are going to receive an inheritance. You live in Arizona and you are married. Who does the inherited ...
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Mediation - Which Style is Right for You?

By: Christa Banfield, Esq. You’ve now been able to read up on the pros and cons of mediation. Assuming you’ve decided that the pros outweigh the cons - and I’d opine they usually do ...
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Attorney Kris Leonhardt Receives Top 40 Under 40 Award

Owens and Perkins, P.C. is proud to announce that Attorney Kris Leonhardt has been awarded a 2016 Top 40 Under 40 Award by the American Society of Legal Advocates (ASLA)! The ASLA is a nationwide, ...
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Attorney Max Hanson Featured in Channel 12 News Segment

Attorney Max Hanson of Owens and Perkins, P.C. has been featured in a Segment on Arizona’s NBC Channel 12 News regarding the growing need for prenuptial agreements. According to data from the ...
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What to Do If Your Love Life Turns Dangerous - Part 1

By: Aarti Bhaga, Esq. 1) If an act of domestic violence occurs against you, call the police and report it. More often than not, domestic violence goes unreported; 9 out of 10 cases of domestic ...
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Arizona Parenting Coordinator Rule Changes

The role of the parenting coordinator is to help parents in working together to resolve parenting disputes and to make recommendations to the court if the parents are unable to reach an agreement. In ...
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GREAT NEWS FOR HOMEOWNERS STILL UNDERWATER BUT YOU SHOULD ACT NOW

On December 18, 2015 President Obama signed a bill extending the Mortgage Forgiveness Debt Relief Act through December 31, 2016. What that means is that people with homes that are underwater (meaning ...
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New Year's Resolutions to Make After Divorce

2015 may have been your worst year ever, particularly if you are in the process of or have just signed divorce papers. Now that a new year is upon you, this is the time to think positively and set new ...
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Getting a divorce and need to sell your home?

If you’re going through a divorce and neither spouse wants to stay in the marital home, or neither can afford to buy the other out, selling it is the best, and sometimes the only option. But ...
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Newly Divorced? Four Ways Thanksgiving Can Help You Move Forward

Don't let divorce get you down; find things to be thankful for this holiday season. The holidays can be a stressful and emotional time for a lot of people, but for anyone who's recently ...
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Prenuptial vs. Post-nuptial agreements: what is the difference?

Arizona law recognizes the applicability of both prenuptial agreements done prior to and in contemplation of marriage, as well as post-nuptial agreements between spouses that are entered during the ...
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Are you getting married and own a business?

If either party is bringing assets into a marriage, a prenuptial agreement to protect those assets is a must. In these circumstances, it should not be thought of as a blueprint for your divorce, but a ...
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Supreme Court Decision to Legalize Same-Sex Marriage Losing Support

In light of all the controversy surrounding the United States Supreme Court’s decision in late June 2015 to legalize same-sex marriage nationwide, the Associated Press conducted an online survey ...
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How Is Sole and Separate Property Determined in a Divorce?

Arizona is a community property state. When it comes to property distribution, most assets acquired during the marriage will be equally divided. This usually includes earnings, income, and ...
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What Matters Will Be Resolved During the Divorce Process?

Every divorce is different; however, during the divorce process the same issues will be resolved. During a divorce, the following issues will be addressed: Spousal maintenance Division of property ...
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