You may have heard the word “Custody” or “Legal Custody” used in connection with a parent’s right to make decisions concerning education (such as school choice), medical decisions (such as whether a child will receive certain immunization) and religion (such as religious preferences). However, Arizona does not use the word “custody” in making decisions about …
Do I Need a Right of First Refusal in My Parenting Plan?
Parenting time can be one of the most contentious issues in a divorce. Deciding which parent sees the children, how much and under what circumstances can be a very tricky and emotionally charged effort. As part of any divorce the parents must either agree to, or a court will order, a Parenting Plan. The Parenting …
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Who Decides Who Gets to Live in the House While We Go Through the Divorce?
Papers are filed, the dissolution action is pending before the Court, and you may think you are on your way to living separate and apart from the other person for the rest of your lives. Don’t start changing the keys on the door too fast. Neither party is required to leave the marital residence during …
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What to Expect When Mediating Your Divorce Case
Many times the thought of going to court to resolve issues pending in your divorce is frightening. Accordingly, it makes sense, prior to going to court, to at least attempt to mediate your dissolution matter and resolve as many issues as possible. However, the thought of meeting with your spouse and the mediator in one …
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How Can I Change Parenting Time Post-Divorce?
For most people, once their divorce is final they are done with the divorce process and the legal aspects of their case. But this may not be true for everyone. When there are minor children involved, there might be unanticipated behaviors or unforeseen circumstances that warrant a change in custody. This may include changing who …
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Making Your Divorce Quick and Painless in Tennessee
We recently posted a blog regarding how to make your divorce quick and painless in Arizona. There are some differences in Tennessee. This blog provides an overview of the divorce process in Tennessee. Understanding the process helps to make the divorce quick and hopefully painless. Once a petition for dissolving the marriage is filed, Tennessee …
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Please Don’t Send That Inappropriate Email/Text to Your Ex-Spouse
My clients often provide me with copies of their emails and text communications with their ex-spouse. Most of the time, the written communications are helpful evidence to demonstrate whether a parent is communicating and co-parenting in good faith, i.e., if a parent is timely responding to information requests or is providing necessary information about the …
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Divorce: Fight or Flight?
Divorce is a very stressful time. The issues that need to be addressed involve some of the most important things in people’s lives: their children, their finances, their retirement plans and sometimes even their identity as a person. It is natural during a divorce for someone to do one of two things: fight or flight. …
Making Your Divorce Quick and Painless
Perhaps you and your spouse have been waiting for the new year to file for divorce. Now the issue is how fast can this happen. Even if you agree on everything, there are a number of time requirements for obtaining a divorce in most states, including Arizona. In Arizona either you or your spouse must …