Divorce 101: What You Need To Know Before Filing For Divorce in Arizona

Divorce 101
What you need to know before filing for divorce

An Overview of the Law
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 The two individuals became a “community”
 No one told you how to run your community.
What happened when you got married?

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 Who pays bills?
 How do you run your bank accounts?
 Who has which responsibilities?

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 You have that option of making all your own decisions
when facing divorce
 ONLY is if agreements are reached.
 This first about your future and objectives

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Petition
Response
Temporary
Orders
Discovery
RMC/Return/Stat
us Conference
Third Party
Experts or
Advisors
Trial
Decree

Divorce Law 101 - Property
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“All” assets and debts accumulated after date
of marriage are presumed to be community.
Community Property
>> Except gifts and inheritance

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 Property owned prior to marriage
 Inheritance
 Gifts
Separate Property

 Co-mingled assets
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When divorcing, we identify your
assets and debts, characterize and
divide them

 Community liens on separate property
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divide them

 Retirement accounts
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divide them

 Businesses
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divide them

 Cars
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divide them

 Personal property
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divide them

 Other property
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divide them

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Determine the level of complexity
when doing the cost benefit
analysis of how much to spend.

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Be creative - think about
objectives

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Modification?

Divorce Law 101 - Spousal Maintenance
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 Does one rely on the other for financial support?
Spousal Maintenance

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 The spouse seeking maintenance must show he or
she qualifies by establishing any one of the
following…
Step #1 - Qualification

 Lacks sufficient property,
including property received in
the divorce, to provide for his or
her reasonable needs;
Qualifies by
establishing
any one of the
following
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 Unable to be self-sufficient
through appropriate work,
 Or lacks earning ability in the
labor market adequate to be
self-sufficient,
 Or takes care of a child whose
age or condition requires him or
her to not work outside the
home;
Qualifies by
establishing
any one of the
following
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 Contributed to the educational or
career opportunities of the other
spouse;
Qualifies by
establishing
any one of the
following
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 Marriage was for long duration
and he or she is of an age that
prevents them from employment
adequate to be self-sufficient.
Qualifies by
establishing
any one of the
following
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 If you do not pass this step, or your spouse
cannot qualify under one of these factors, the
court does not get to step two.
Step #1 - Qualification

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 OK, now how much and how long?
Step #2 - Analyzing the Factors

 Standard of living established during the
marriage.
 Duration of the marriage.
 Age, employment history, earning ability
and physical and emotional condition of
the spouse seeking maintenance.
 Ability of the spouse requested to pay,
to meet his or her own needs while
paying maintenance.
How
much and
how
long?
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 Comparative financial resources of the
spouses, including their comparative
earning abilities in the labor market.
 Contribution of the spouse seeking
maintenance to the earning ability of the
other spouse.
 Extent to which the maintenance
seeking spouse reduced his or her
income or career opportunities for the
benefit of the other spouse.
How
much and
how
long?
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 Ability of both parties after the
dissolution to contribute to the future
educational costs of their mutual
children.
 Financial resources of the party seeking
maintenance, including marital property
awarded in the divorce, and that
spouse’s ability to meet his or her own
needs independently.
How
much and
how
long?
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 Time necessary to acquire sufficient
education or training so that the
maintenance seeking spouse may find
appropriate employment and whether
such education or training is readily
available.
 Excessive or abnormal expenditures,
destruction, concealment or fraudulent
disposition of community, joint tenancy
and other property held in common.
How
much and
how
long?
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 Cost to obtain health insurance and the
reduction in the cost of health insurance
for the spouse from whom maintenance
is
 All actual damages and judgments from
conduct that results in criminal
conviction of either spouse in which the
other spouse or child was the victim.
 Modification?
How
much and
how
long?
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Divorce Law 101 - Minor Children
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Custody (Legal Decision Making)
 Religion  Education
 Health  Personal care
 Modification?

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Provides for both parents to share legal decision-making
regarding their child and that maximizes their respective
parenting time.
Parenting Time:
The court shall adopt a parenting plan that

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 The court shall determine legal decision-making and
parenting time, either originally or on petition for
modification, in accordance with the best interests of the
child.
 The court shall consider all factors that are relevant to the
child's physical and emotional well-being, including…
What are the factors used to decide?

 The past, present and potential future
relationship between the parent and the
child.
 The interaction and interrelationship of
the child with the child's parent or
parents, the child's siblings and any
other person who may significantly
affect the child's best interest.
 The child's adjustment to home, school
and community.
Factors:
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 If the child is of suitable age and
maturity, the wishes of the child as to
legal decision-making and parenting
time.
 The mental and physical health of all
individuals involved.
 Which parent is more likely to allow the
child frequent, meaningful and
continuing contact with the other
parent*.
*This does not apply if the court determines that a parent is acting
in good faith to protect the child from witnessing an act of
domestic violence or being a victim of domestic violence or child
abuse.
Factors:
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 Whether one parent intentionally misled
the court to cause an unnecessary
delay, to increase the cost of litigation
or to persuade the court to give a legal
decision-making or a parenting time
preference to that parent.
 Whether there has been domestic
violence or child abuse pursuant to
section 25-403.03.
Factors:
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 The nature and extent of coercion or
duress used by a parent in obtaining an
agreement regarding legal decision-
making or parenting time.
 Whether a parent has complied with
chapter 3, article 5 of this title.
 Whether either parent was convicted of
an act of false reporting of child abuse
or neglect under section 13-2907.02.
Factors:
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 Rights and responsibilities regarding personal care,
health care, education and religious training
A proposed plan must include:

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 A specific schedule including a holiday and school
break schedule

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 A procedure for exchanges including who will transport
and when exchanges will take place

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 A procedure for proposed changes

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 Communications procedures

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 Other optional provisions
 College
 Social media/entertainment agreements
 Homework agreements
 Extracurricular activities or expenses
 Etc.

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 Modification?

 Child support is determined according
to a calculator and the Arizona child
support guidelines.
 Your expenses are not considered
when determining how much child
support you will pay or receive.
 A non working parent may be “imputed”
income for calculation purposes.
Child
Support
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 Incomes of both parents (including
spousal maintenance)
 Parenting time
 Cost of child care
 Cost of health care for the children
 Extraordinary expenses
Factors
include:
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State involvement
through IV-D
cases
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Modification?

Divorce Law 101 - Attorney Fees
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 Disparity of income
 Reasonableness of the parties
Awarded based on:

Divorce Law 101 - Negotiation Options
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Negotiation Options
Written
negotiation
s
Mediation
ADR
Informal
Settlement
Conferenc
es
Arbitration

Divorce Law 101 - Representation Options
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Representation Options
 Traditional
 Flat fee
 Limited scope
Attorney Representation
 CDLP
 Self Representation
Non-Attorney
Representation

Divorce Law 101 - Final Thoughts
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Most are
somewhere in
between
Divorce can be
extremely
complex or simple

Thank
You!52
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SOUTH SCOTTSDALE
7272 East Indian School
Road, Suite 540, Scottsdale, AZ
85251
Tel: 602-910-5360
MESA ARIZONA
1744 S. Val Vista Dr.
Suite 205, Mesa, AZ 85204
Tel: 480-649-2905
NORTH SCOTTSDALE
16427 North Scottsdale
Road, Suite 300, Scottsdale, AZ
85254
Tel: 480-649-2905
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Divorce 101: What You Need To Know Before Filing For Divorce in Arizona

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Divorce 101: What You Need To Know Before Filing For Divorce in Arizona