What is Opting Out?
What is Opting Out? Are There Advantages in Doing So?
Opting out is resolving a family law dispute outside the judicial system. I think that the parties can achieve clear advantages by choosing to opt out and resolve their issues outside the traditional judicial system. One is that the parties control their own destiny. If they opt out by choosing to agree to resolve their issues, then they … Read More
Can I Force My Spouse to Give Back the Ring?
Yes you can. However, you aren’t going to be very successful. Unfortunately, when you give a wedding ring it is a gift. There are cases that will talk about a conditional gift. If you have tied the knot, and you both have complied with your agreement then she gets to keep the ring. However, if you give the ring and you don’t get married there are cases that say that the condition of … Read More
Can a Child Choose Which Parent to Live With? Madonna’s Teenage Son Believes He Can
Madonna has dominated the billboard charts, but recently she's dominating the headlines with a custody battle with her ex-husband, Guy Richie, over their teenage son, Rocco Richie. Last summer the "Like a Virgin" singer announced Rocco would join her on the upcoming Rebel Hearts tour. Rocco stayed on the tour for several months but rumors started swirling and gossip websites frequently reported screaming matches … Read More
Issues in Gray Divorces
The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divorces including the availability of Social … Read More
Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands
By Jason Castle
Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held in ICU. Lamar was married to Khloe Kardashian, but thought he was divorced in July, which was not accurate and why it mattered.
For background purposes, Khloe filed for … Read More
What is a Qualified Domestic Relation Order (“QDRO”) and why does it matter in my divorce case?
By: Mervyn T. Braude
As with all community property, retirement assets are subject to equitable division upon dissolution. Therefore, that portion of any and all retirement assets accumulated during the course of the marriage must be divided.
There are three primary forms of retirement assets – IRA (Individual Retirement Account), 401(k) and, pension assets. While the first of these assets can be divided … Read More
By Mervyn Braude
It is frequently a challenge to co-parent after the conclusion of a divorce proceeding. After all, divorcing parents have often just concluded divorce litigation – replete with allegations of wrong doing – and frequently with difficult financial arguments.
The focus of this article is the children. While frustration, anger, and hurt feelings are often the … Read More
Relocation – Mission Impossible?
On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve on the panel. The 2015 edition was no exception.
The topic selected for 2015 was relocation under Arizona Revised Statutes Section 25-408, and given the reluctance of judges to permit … Read More
Is There a Presumption in Favor of Equal Parenting Time?
By Mervyn T. Braude
A.R.S. §25-103 provides as follows:
25-103. Purposes of title; application of title
A. It is declared that the public policy of this state and the general purposes of this title are:
To promote strong families;
To promote strong family values.
B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More
Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases
I don't want the divorce; why should I have to pay for it?
We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay the medical bills. If you are involved in a divorce and elect to be represented by counsel, you are expected to pay for those legal services even if you have no desire to be divorced.
Why do … Read More