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family law Archives

Why you should take notes about time with your children

In an Arizona child custody dispute, one of the most important considerations of a family court will be the determination of which parent served as the primary caretaker of the children. In most cases, this parent will be the one who the courts prefer to take over childcare duties after the divorce. Sometimes, however, both parents served as primary caretakers, and in this case, they may have equal custody rights under the law.

How to frame your request for a parenting plan modification

One thing to count on in life is that things will change. If you've been through a divorce -- and you have children -- then you understand more than most that life can take a 180-degree turn. For this reason, when you create a parenting plan in your divorce -- or when a judge creates one for you -- even though the plan must be followed, the plan is not immutable. In other words, you may be able to modify or adjust the plan if it's required.

How do you answer a divorce petition?

A divorce begins with the filing of the divorce petition by one party. Next, the petition will be served on the other party. Finally, the other party will have the right to respond with an answer. In most cases, the other party has approximately 30 days to submit the answer.

Strategies to protect your credit score during a divorce

Payment histories and how much debt you currently hold are the most important factors that could alter your credit score. Since a divorce can result in added expenses, it's important to watch these two factors as they apply to the amount of credit card and other debt you're currently holding.

My ex won't let me have the kids this Christmas: What can I do?

One source of post-divorce stress for many parents can involve their conflicting views about how to share their children on special occasions, like Christmas, Easter, birthdays and other special times of the year. If your spouse doesn't want you to have the kids this Christmas, the question of what you can do about it can only be answered in the context of your parenting plan and child custody agreement.

Should I hire an attorney for my surrogacy arrangements?

The modern world comes with numerous advantages -- such as the ability to hire someone to carry your baby for you. Surrogacy is the use of reproductive technology to artificially inseminate a woman or to implant an embryo in a surrogate mother, who will allow the baby to gestate in her womb.

2 potential divorce problems and how to avoid them

American spouses don't always stay in their marriages until "happily ever after." If you're reading this article, that may be true for you and you're considering getting a divorce. However, if you don't plan for your divorce the right way, you could encounter problems – which is one of the reasons why having an experienced legal counselor by your side throughout the process is immeasurably valuable.

Why has there been an increase in divorces after the age of 50?

Everyone is talking about the rise in divorce after the age of 50 as if it were a strange phenomenon. However, if you set aside the fact that the divorce process can be different because older spouses have more assets to divvy up, the reasons for an older couple's divorce tend to be the same as for their younger counterparts. The top divorce reasons for younger spouses -- like infidelity, substance abuse, "growing apart" or "not being in love anymore" -- are also the top reasons for older spouses.

When do judges invalidate prenuptial agreements?

If you're reading this article you probably fall into one of two categories: You signed a prenuptial agreement before marriage and your spouse is challenging it during your divorce, or you want to challenge the document because it's unfair or invalid. If you want to know whether the prenuptial agreement at issue will hold up in court, look at the following reasons why courts commonly invalidate prenuptials:

  • MCBA | Maricopa County Bar Association
  • State Bar of Arizona
  • ABA | American bar Association | Defending Liberty Pursuing Justice
  • Oregon State bar
  • NACBA | National Association of Consumer Bankruptcy Attorneys
  • NACA | National Association of Consumer Advocates
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