Using A Post Nuptial Agreement To Preserve Your Arizona Marriage

It is a well established fact that money issues are a big cause of marital discord and divorce.  Sometimes, entering into an agreement after marriage defining financial rights and obligations can serve to save a marriage and end perennial fighting. In Arizona, the Court’s recognize the right of married people to enter written agreements after marriage. This type of agreement is called a postnuptial agreement (by contrast, prenuptial agreements are entered into before a marriage).  The purpose … [Read more...]

Arizona Divorce Laws

There are a number of divorce laws in Arizona that the Court and parties are to rely on in the Arizona divorce process.  There are statutes (called the “Arizona Revised Statutes” or “A.R.S.”), which are laws created by the Arizona legislature.  The laws regarding a dissolution of marriage are set forth in Title 25 of the Statutes.  That Title also addresses paternity actions, separation actions, grandparents/non-parents actions and modification and other post-decree actions.  The most widely … [Read more...]

The Easy Arizona Divorce

The office supply store Staples is well known for their “Easy Button.”  A person presses the large red button and quickly gets what he/she wants. Is there an Easy Button for divorces in AZ?  There are admittedly very few easy divorces in Arizona because divorces are normally fraught with emotional pain.  But there is an “easy” divorce process – mediation. In mediation, the parties work cooperatively to reach agreements with the assistance of a mediator.  The mediator drafts and … [Read more...]

Is Arizona a No Fault Divorce State?

In Arizona, you do not have to prove someone is at fault (caused the divorce) to get a divorce.  You do not have to allege that the other person is cheating, stealing or is abusive. The Court is unconcerned with a spouse’s bad or unethical conduct, except if it impacts the best interests of any common children (for example:  domestic violence or drug abuse).  Also, if the misconduct constitutes financial misconduct (hiding/wasting money, for example), the Court may award the innocent party … [Read more...]

Should I use a Paralegal Instead of an Attorney for an Arizona Legal Action?

As a Family Law Attorney in Arizona, I am not a fan of people using paralegals in lieu of attorneys in most situations.  Paralegals are not allowed to give legal advice, so you may end up with forms that are procedurally correct, but inappropriate for your situation.  I have had to correct mistakes caused by using a paralegal on a number of occasions. People tend to use paralegals because they cannot afford attorneys.  First, if you just need forms, they are offered for free at the Maricopa … [Read more...]

What Happens in an Arizona Paternity Action?

A paternity action is what one files when they have a child or children with another person who is not his/her spouse.  In an Arizona paternity action, the Court will establish who the father of the child/children is.  If a parent disputes paternity, he/she can request a DNA test.  The Court will also establish custody (whether the parents should share joint custody or one parent should have sole custody), parental access, child support, and the division of any lying in expenses (expenses … [Read more...]

What Happens At An Arizona Divorce Trial?

The Arizona Court prefers that divorcing parties reach their own agreements.  This is because parties tend to be happier and more compliant with orders when they agree to the terms of the divorce. Further, the Court knows that parties are in the best position to determine the most appropriate Orders for their particular situations.  While the Judge will do his/her best to come up with fair and appropriate orders, the Judge is a stranger to the litigants and their families.  Judges have a … [Read more...]

What is a Legal Separation Action in Arizona?

A legal separation action in Arizona is an action where the parties want to remain married, but do not want to live together.   During the action, the parties will divide their assets, and arrange for child support, custody and spousal maintenance, where appropriate. People who choose a legal separation instead of a divorce usually base their decisions on one of the following factors: •    The parties want to live separately for a while before deciding if they want a divorce, and they want … [Read more...]

Who has to Pay for Attorney’s Fees and Costs in Arizona Family Law Cases?

Spousal Maintenance, also known as “alimony” is financial support given to a spouse in a dissolution of marriage or legal separation action.  Spousal maintenance is sometimes intended just to help a party get back on his/her feet (for example, support while a party returns to school to become more marketable) and is sometimes intended to support a party indefinitely. One qualifies for spousal maintenance when that person is unable to support his/her reasonable needs through his/her property or … [Read more...]

How is Spousal Maintenance Determined in Arizona?

Spousal Maintenance, also known as “alimony” is financial support given to a spouse in a dissolution of marriage or legal separation action.  Spousal maintenance is sometimes intended just to help a party get back on his/her feet (for example, support while a party returns to school to become more marketable) and is sometimes intended to support a party indefinitely. One qualifies for spousal maintenance when that person is unable to support his/her reasonable needs through his/her property or … [Read more...]

Alona M. Gottfried, Esq.
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 776-8271