Recent Posts in property division Category
Posted on Jan 30, 2012 By Phoenix Divorce Lawyer
In a divorce case where spousal support is ordered, how are Social Security benefits addressed? The Arizona Court of Appeals addressed this issue in Leathers v. Leathers , a 2007 case. A federal ...
Continue reading "Alimony and Social Security" »
Posted on Dec 13, 2011 By Phoenix Divorce Lawyer
property division In a divorce action, the separation agreement is usually merged into the Court's dissolution decree. That means the terms of the agreement are set forth in the decree, and become ...
Continue reading "Separation Agreements--Merger and Enforcement" »
Posted on Dec 12, 2011 By Phoenix Divorce Lawyer
Arizona encourages amicable settlement of marital disputes. A.R.S. 25-317A authorizes separation agreements by spouses anticipating separation or divorce (which in Arizona is called dissolution of ...
Continue reading "Separation Agreements" »
Posted on Sep 18, 2011 By Phoenix Divorce Lawyer
OK, so you've filed for divorce , or as we say in Arizona, you've filed a petition for dissolution of marriage. What happens next? Pending hearing on the petition, several matters are handled ...
Continue reading "The Temporary Injunction" »
Posted on Sep 17, 2011 By Phoenix Divorce Lawyer
In a military divorce , one very important provision of the USFSPA is often overlooked, even by experienced attornies: In order for a state court to have jurisdiction over a member's retired pay, ...
Continue reading "Military Divorce and Jursidiction Over Retired Pay" »
Posted on Sep 16, 2011 By Phoenix Divorce Lawyer
In a military divorce , retired pay is often the major property division issue. It is a pretty complicated subject. So you need an experienced Phoenix divorce lawyer on your side. Let's take a ...
Continue reading "Military Divorce and Retired Pay" »
Posted on Apr 21, 2011 By Phoenix Divorce Lawyer
Recently I posted about what happens when one parent takes the kids and moves to another state. This time I want to talk about the mirror image. Once again, it demonstrates why you need to retain a ...
Continue reading "The Long Arm (Jurisdiction) Of The Law" »
Posted on Mar 6, 2011 By Phoenix Divorce Lawyer
A.R.S. § 25-318(A) mandates equitable distribution of joint tenancy assets as well as community property upon dissolution of marriage, absent fraud, excessive or abnormal expenditures, destruction, or ...
Continue reading "Community Property vs. Joint Tenancy" »
Posted on Mar 5, 2011 By Phoenix Divorce Lawyer
Commingling, in the context of property division , means that community property and separate property are combined in some way. In this common situation, it is important to have a Phoenix Divorce ...
Continue reading "Commingled Accounts" »
Posted on Feb 25, 2011 By Phoenix Divorce Lawyer
When the two of you get divorced , what happens to the debts that have been racked up? As is so often the case in the law, the answer is: it depends. So let this Phoenix Divorce Lawyer help explain ...
Continue reading "Debts and Creditors: Prenups vs. Divorce Decrees" »
Posted on Feb 23, 2011 By Phoenix Divorce Lawyer
Arizona recognizes prenuptial ("premarital") agreements. But in most divorce cases, one spouse will seek to get out of it. The 2000 case of In Re Marriage of Pownall discusses the circumstances under ...
Continue reading "Pizza and Prenups" »
Posted on Feb 22, 2011 By Phoenix Divorce Lawyer
Sometimes, when a couple wants to buy real estate, one of them has significantly better credit than the other. Putting the mortgage and the deed in the name of that spouse only can significantly ...
Continue reading "Disclaimer Deeds, Community Property, and Separate Property" »
Posted on Feb 21, 2011 By Phoenix Divorce Lawyer
"Only love is on the line when a Massey prenup has been signed." So says George Clooney, playing Beverly Hills divorce lawyer Miles Massey, in the comedy "Intolerable Cruelty." Clooney's prenuptial ...
Continue reading "Only Love Is On The Line When A Prenup Has Been Signed" »
Posted on Feb 19, 2011 By Phoenix Divorce Lawyer
Arizona is a community property state. Property acquired by either spouse during the marriage is presumed to belong to the spouses together, as community property. Same for income earned. Property ...
Continue reading "Community Property and Falling Real Estate Prices" »
Posted on Feb 18, 2011 By Phoenix Divorce Lawyer
Arizona is a community property state. Property acquired by either spouse during the marriage is presumed to belong to the spouses together, as community property. Same for income earned. Property ...
Continue reading "Community Property and Business Evaluation" »