Do I Have to Respond to a Petition for Dissolution of Marriage in Arizona?

If you were served with a Petition for Dissolution of Marriage or a Petition for Legal Separation (hereinafter “Petition”), ignoring it may result in unfair or otherwise undesirable orders. If you fail to formerly respond to the Petition within 20 calendar days of service (or within 30 days, if you were served outside of Arizona), your spouse could file an Application and Affidavit of Default.  You should receive a copy of this document in the mail.  If you fail to respond to the Petition … [Read more...]

The Worst Day in Family Law Mediation is Better Than the Best Day in Litigation

I recently saw an article with a similar title as the one above and decided to put in my two cents on the topic.  As a long time Arizona attorney and mediator, I have gotten to see the range of experiences in both litigation and mediation.  Most mediations go swimmingly well – the parties reach a full agreement in a matter of a few hours.  The parties are able to end their marriage or former relationship respectfully.  Where there are children involved, and an ongoing relationship is necessary, … [Read more...]

Arizona Divorce Process and Taxes

When in an Arizona divorce, it is very important to plan the transfer of property between spouses very carefully. In most cases, no taxable income is recognized on the transfer of property such as stocks and real estate between spouses. Unfortunately, taxable consequences can be quite severe post-divorce if tax considerations are ignored. In order for non-recognition to apply, the transfer of property must be considered “incident to a divorce.” To qualify, the transfer must occur … [Read more...]

Mediate the Terms of Arizona Cohabitation Agreements

Between 1990 and 2007, there has been an 85 percent increase in the number of cohabitating but unmarried couples.  U.S. Census Bureau. “America’s Families and Living Arrangements: 2007.”  When embarking on a cohabitation relationship, many people do not realize that they may later have legal battles over undefined rights and obligations.  Because the couples are not married, the property division laws that protect divorcing couples do not apply. Almost half of American Academy of Matrimonial … [Read more...]

Arizona Divorce Process FAQ

1. What does it mean that Arizona is a “no fault divorce” state? In Arizona, a marriage can be dissolved even if only one person wants the divorce.  “No fault” divorce means that a party does not have to prove that the other person caused the divorce.  The only type of misconduct that is relevant to a divorce action is misconduct that impacts children, if the parties have children, or financial misconduct. 2.     What is the average cost of a divorce in Arizona? The cost of a divorce … [Read more...]

Arizona Divorce Process or Mediation

You are experiencing conflict, and you do not know what to do about it, so you do nothing.  It is common and all too easy to acclimate to bad conditions – so much so that you forget what it is like to live a joyful life free of conflict.  It takes no thought or effort to get used to a bad situation. It is like the proverbial frog who does not notice that it is being cooked to death because it was placed in cold water that was slowly heated to the boiling point.  Conflict has a way of weighing … [Read more...]

How To Get The Other Side to the Table to Mediate your Arizona Dispute

You have decided to avoid the Arizona Divorce Process of going to court.  Now what?  All parties to a dispute must agree to mediate, as it is a voluntary process in Arizona, in most cases.  Therefore, your goal is now to convince the other party or parties that mediation is in their best interests as well.  The easiest way to do this is to print out information for the other party about the benefits of mediation, or simply direct the party to AZMediator.com.  This writer also offers free … [Read more...]

How Do I Get An Annulment in Arizona?

An annulment is a means to get a legal determination that a marriage was not valid, and the parties in fact were never legally married.  One can apply for an annulment if one of the preconditions necessary for marriage is not present, or, as the law states it:  “when the cause alleged constitutes an impediment rendering the marriage void.”  A.R.S. § 25-301. For example: If one party is already married If the marriage is between parties too close in relation to each other.  Arizona … [Read more...]

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