Blog Posts: Family Law

In many cases, one of the most contentious and difficult issues in a divorce proceeding is the valuation and distribution of marital property.  When the marital community owns an interest in a business, this process can be complicated and expensive.  Often, the community's interest in the business is the most valuable asset of the marital estate.  W...

Divorce mediation is a process of resolving disputes by engaging a neutral third party who acts as a facilitator, assisting the divorcing spouses in reaching an agreement. This is a voluntary process, meaning both parties must agree in order for it to occur. Unlike arbitration, the mediator is not empowered to make any decisions.  Because mediators are by defi...

An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue. The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both inco...

Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing. Creditors, such as banks and lending institutions, are not bound by the terms and conditions of a divorce decree and property settlement agreement. The third par...

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 divo...

The valuation of a business or professional practice in a divorce proceeding requires the resolution of unique issues. Among the most significant of these issues are the valuation date and the standard of value to be applied. In Arizona, judges have the discretion to decide these issues by considering specific factors that are typically unique to the particular cir...

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 th...

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 f...

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...

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 evide...