When Can My Child Decide Which Parent to Live With After the Divorce?

In Arizona, a child can decide which parent to live with after their parent’s divorce only when the child reaches his or her 18th birthday. At this age, when the child is no longer a minor, the Court loses jurisdiction over the child for purposes of determining legal decision-making (custody) and parenting time. Until this age, …

Out with the Old, In With the New: 5 Things to Know Before You File for Divorce

Family law attorneys typically see an increase in January of individuals calling to set a divorce consultation. Often times the requests for consultations are precipitated by the desire to not have to spend another uncomfortable holiday season with your spouse. Or perhaps it is because the new year is a good time to take stock …

What are the Three Most Important Words in Divorce?

The three most important words in any divorce action are the simple words: “can”, “may” and “should”. While parties tend to concentrate on the major issues of support, custody, and division of assets and liabilities, the use of these three words in the context of requesting relief through the divorce process and finalizing a settlement …

Defending Against an Order of Protection: Five Points to Consider Before Requesting a Hearing in Arizona

You and your spouse have commenced divorce proceedings and are in the process of negotiating an appropriate parenting time schedule for your children.  The next day, the doorbell rings, and when you answer it, a police officer serves you with an Order of Protection.  The Order of Protection prohibits you from seeing or even communicating …

Please Do Not Sign That Divorce Agreement Yet!

It is common for divorcing spouses to negotiate and resolve between themselves claims relating to division of property, debts, payment of spousal maintenance and parenting schedules for their children. When parties are able to reach these agreements on their own, the Court offers standard forms that parties can complete themselves and submit to the Court …

“It Doesn’t Have to be This Way” – 3 Alternatives for Avoiding Dragging Your Children Through the Court System

It is universally recognized that litigating legal decision making, parenting time or other parenting issues can be harmful to the development of children. Litigation involving minor children, especially high conflict and protracted litigation, can result in ongoing emotional turmoil, depression, lower levels of self-esteem and a higher risk of mental illness, substance abuse, educational difficulties …

What Happens with Parenting Time and Custody if I Have to Move After my Divorce?

So you’ve gone through a divorce. You have survived the mental anguish of the process and a court order has been entered regarding custody and parenting time. Eventually, life has settled back down, you and your ex-spouse are complying with the court order and everything is going as it should. But what happens to custody …