Excerpt from Divorce in Arizona by Marlene Pontrelli and Robert Schwartz One of the first issues that often arises during a divorce is what to do with the family home. Selling your home is a big decision. To help you decide what is right for you, ask yourself these questions: What will be the impact …
10 Tips for Reducing the Expenses of Getting a Divorce
Litigation of any kind can be expensive, and a divorce is no exception. The good news is that there are many ways that you can help control the expense. Here are 10 tips for reducing the expenses of your divorce. Put It in Writing. If you need to relay information to your attorney that is …
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How Will the Court Determine the Parenting Time for the Minor Child?
It is the policy of the State of Arizona that, absent contrary evidence, the child should have “substantial, frequent, meaningful and continuing parenting time with both parents.” The court will always look to the best interest of the child in determining a parenting time schedule. The judge considers many factors in determining the best interest …
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What Types of Custody are Awarded in Arizona?
Arizona does not use the word “custody” in making decisions about a minor child. Instead, Arizona uses the terms legal decision-making and parenting time to better define what a court must do in deciding issues related to a minor child. Legal decision-making refers to the right and responsibility of a parent to make nonemergency decisions …
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Who Decides Who Gets to Live in the House While We Go Through the Divorce?
Neither party is required to leave the marital residence during the divorce unless a court orders one party to leave. If you and your spouse cannot reach an agreement regarding which of you will leave the residence during the divorce, you may seek a temporary order for exclusive possession of the home until the case …
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Considering the Child’s Preference and Primary Care Provider in a Custody Case
Two questions that often get asked in custody cases are what weight does the child’s preference have in a custody case, and how can I demonstrate to the judge that I have been the primary care provider. The preference of your child is only one of the many factors a judge may consider in determining …
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6 Factors to Consider When Deciding Relocation in Child Custody Cases
While having two parents who live not only in the same state, but within a reasonable driving distance from each other is ideal, this may not always be possible. Sometimes a move out of state is necessary due to employment, family, health, or remarriage. Other times, the ability to provide for a better standard of …
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When Can My Child Decide Who They Will Live With?
If you live in Arizona, the answer is when they turn 18. While some states allow children of a certain age to decide who they wish to live with, Arizona does not allow for a child to make the decision, regardless of the child’s age. Accordingly, until the child turns 18, absent agreement of the …
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Eleven Factors to Help a Court Determine Parenting Time Based Upon the Best Interest of the Child
You may have heard that the best interest of the minor child is used to determine parenting time for a minor child, but what does it mean to say that a court will make the decision based on the “best interest” of the child? In Arizona, the judge considers multiple factors in determining the best …
How Will a Court Determine Who Can Make Decisions Concerning the Children After Divorce?
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 …