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Phoenix Divorce Law Blog

Research shows more and more Baby Boomers are seeking a divorce

While most married couples in Phoenix envision living a long and happy life together well into their elder years, the fact of the matter is that wedded bliss is not in every couple's future. Some couples will inevitably find that their marriage is irretrievably broken, and will seek divorce. According to the Pew Research Center, more Baby Boomers are getting divorced than ever before.

The Pew Research Center reports that, for adults in the United States age 50 and up, the divorce rate has increased almost two-fold since the 1990s. In 1990, five in every 1,000 married individuals got divorced. However, by 2015 10 in every 1,000 married individuals got divorced. Moreover, for individuals age 65 and up, the divorce rate has increased almost three-fold since 1990. For individuals in this age group, in 2015 six in every 1,000 got divorced.

Paternity through DNA testing is easier than you think

For a good portion of the 20th century, paternity testing was considered an inexact science, both in Arizona, and throughout the country. We could determine when a male was not the father of a child by comparing different combinations of blood types between the child and the father, but could not accurately determine if a man was the father of a child once he was 'ruled in.'. As they tend to do, however, technologies advanced, and we are now able to determine a father's identity with about 95 percent confidence.

The reason is that biological technology has flourished, including the usage of DNA testing to determine the parent of a child. Deoxyribonucleic Acid, or DNA, is unique to every person in the world, with the exception of identical twins, who share the exact same DNA.

Can a parent move with a child out-of-state after a divorce?

People move out of Arizona for a variety of reasons. Perhaps they're the recipients of a job offer that's too good to pass up, perhaps they want to be closer to family, or perhaps they just need a change of pace. Whatever the reason, if the person who wishes to move is a parent and divorced, moving out-of-state involves more than simply packing up the moving van and hitting the road.

Under Arizona law, if two parents share joint legal custody of their child, and both live in the state, if one parent wants to relocate the child either 100 miles away in Arizona or outside of Arizona altogether, that parent must provide the child's other parent with written notice at least 45 days in advance. This notice must be sent by certified mail with return receipt requested.

Grandparent visitation rights in Arizona

Each family in Arizona is unique. Sometimes a child's parents are married and the family resides together. Other times one's parents were never married and do not reside together. Such parents may also be divorced or, in some instances, one parent has died. Another aspect of families is their contact with extended family. Some children have very strong relationships with their grandparents or other extended family members. These relationships can be important to maintain, even if the parents are no longer together.

In certain situations, grandparents are no longer allowed or able to see their grandchildren, depending on which parent has custody of the children. However, they can petition the court for visitation rights. There are certain criteria that must be met first, though, before such a petition can succeed. The first element is that the parents are no longer together. This means that one parent is deceased, they are divorced for at least three months, or the parents are not married at the time the petition is filed.

Gathering financial information for spouse who owes alimony

A divorce in Arizona can be a very complicated proceeding. There are many issues that must be resolved during a time when emotions often run high. Making matters worse, compromise is not always at the forefront of everyone's mind. Despite this, a divorcing couple still needs to separate the life they shared while they were married. When dissolving a marriage, one spouse may realize that they do not earn enough money on their own to meet their needs. This may prompt them to seek alimony.

Whether alimony is ordered in a divorce depends on a number of factors. However, spousal support will be more of an issue in divorces where one spouse earns much more than the other, and the spouse earning much less does not have the ability to get a job that can meet their needs. It is worth noting that alimony is ordered to support a spouse and is therefore a completely different determination than child support, which supports the children's needs.

Is a large inheritance considered marital property in Arizona?

People who are married in Arizona tend to share everything. This includes parental responsibilities, paying bills, the income earned by both spouses, homes, cars, and many other aspects of their lives. When they divorce, the couple needs to figure out how they will split the life they shared during the marriage. This is not always an easy process, as many times the emotions can be heated.

The couple will need to determine who will have custody of their children, and they will need to address parenting time, child support, alimony, and property division. All of these family law issues can be difficult to handle, but in a high-asset divorce, asset division can be one of the more complicated aspects of the divorce. Arizona is a community property state, meaning that, for the most part, everything earned or acquired by either spouse during the marriage becomes shared regardless of who obtained it.

Establishing paternity important for military members

Many Arizonans serve in the various branches of the military. They sacrifice much in their lives while serving, but most of them still have normal lives when they are not on a deployment. This means that they have families and friends, homes, cars, and many other things that civilians enjoy. Dealing with these issues is different for them, though, because they are oftentimes sent away to serve their country.

These individuals really have to make sure their life back home is order prior to deployment, especially if they are facing family law issues. For example, establishing paternity can be crucial for a member of the military. If a father is not married to the mother of his child, he has no rights to custody or parenting time until paternity is established. The child is also not able to receive child support from a noncustodial father, either.

What expenses make up a child support obligation?

Parents in Arizona need to raise their children, which often means spending big bucks. There are many costs here, starting with basics such as food, shelter and clothing. These expenses can add up quickly, but there may be costs that don't immediately come to mind. For example, parents need to pay for various extracurricular activities, medical insurance, unreimbursed medical expenses, child care costs, and other expenses.

When parents divorce it does not change the fact that they need to continue to cover these costs. That is why in most cases there are child support orders issued. These orders ensure that both parents continue to contribute to their child's expenses, not just the parent who has custody or the majority of the parenting time.

Can a registered sex offender have custody of a child?

Parents in Arizona have different parenting styles. Parents also punish their children in different ways depending on what they find to be the most effective method. However, what all parents want to do is protect their children from harm and potentially harmful people. One major concern for some Arizonans is protecting children from registered sex offenders. This issue may cause concern if the sex offender is the child's parent.

That is why in Arizona a registered sex offender cannot have sole or joint legal custody of a child. Registered sex offenders also cannot have unsupervised parenting time with their children. There is an exception to this general rule, though. If the registered sex offender can prove that they do not present a significant risk to the child, and the court agrees with them, then the sex offender could be granted unsupervised parenting time or legal custody of a child.

Stars of the show "Flip or Flop" on HGTV file for divorce

Many fans of the TV show "Flip or Flop" may have learned that the couple separated a few months ago, shocking many who watched the couple work together on the show. Tarek El Moussa has now filed for divorce, and it appears any efforts to reconcile the marriage did not work. However, the two will still be filming episodes of their show together for the next seven months. Tarek is also seeking spousal maintenance, which is just one of a long list of divorce legal issues that may arise in this case.

Any divorce can be complicated, but divorces like the El Moussa's may be more challenging than most. The couple has two children, so they will need to make determinations about child custody and parenting time. They will also have to determine child support. It appears their divorce may also involve alimony, also referred to as spousal maintenance.

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