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Phoenix Divorce Law Blog

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.

Registering an alimony order from another state in Arizona

There are a number of issues that must be addressed when a couple separates their life via divorce. They need to divide assets, determine which parent will have custody, figure out parenting time for each parent, have child support addressed, and, in some instances, settle the matter of alimony. However, as lives change after a divorce, people may end up moving to another state for one reason or another, which may complicate matters.

Does a father have a right to information about his child?

There are many fathers in Arizona. Each one of these fathers has a unique relationship with their children. Fathers also have different legal relationships with their children. If a father is married when they have a child, then they have legal custodial rights even though there is not a court order saying so. If a father is divorced or was never married to the mother of the child when a child is born, then they must have a court order granting them custodial rights in order to have them.

If the father divorces when he has a child, then the custody order must likely was incorporated into the divorce. If the father was never married, then they first must establish paternity and then petition the court for custody rights. Until this occurs, a father would not have any custody rights, which includes their right to see their child.

Sherri Shepherd may need to pay additional child support

People in Arizona who watch the television show "The View" may be aware that Sherri Shepherd recently went through a divorce and legal battle regarding her child. Shephard was eventually ordered to pay child support to her ex-husband. Her ex-husband is now requesting that the court increase the monthly child support obligation based on a belief that Shephard now makes approximately $1.8 million more per year than she did when the original child support order was issued. He is also asking that Shephard be ordered to pay his attorneys' fees and costs.

Generally, when a couple divorces and they have children, the noncustodial parent is ordered to pay child support to the custodial parent. This is to ensure that each parent is contributing to the financial costs of raising a child. As parents know, it can cost a significant amount of money to raise children. They must pay for not only the basic needs, such as food, clothing and shelter, but also additional costs for toys, entertainment, health care and extracurricular activities. After parents divorce, the law wants to make sure that these costs do not fall on one parent.

Consequences for violating a parenting time plan in Arizona

Children have different relationships with each of their parents. However, this does not necessarily mean that one parent's relationship with the child is more important than the other. When the parents are together, it can be much easier to facilitate and nurture each relationship. However, if parents divorce, it can be much more difficult for their children to maintain relationships with both parents.

That is why during a divorce there must be an order pertaining to child custody and parenting time. These orders state which parent will have legal and physical custody or whether custody will be jointly held. These arrangements are generally accompanied by a parenting time plan or visitation schedule stating when the children will be with each parent. Whether each parent agrees with the order or not, it is still a court order that must be followed.

What is considered separate property in a high-asset divorce?

When people get married in Arizona, two lives become one. Couples begin living a common life and share everything. This is true whether they think they are sharing everything or not. Arizona is known as a community property state, which means that almost anything earned or acquired by one spouse is the equal property of both spouses. So, if the couple divorces they must equitably split the community property since they both have equal interest in it.

This can be a complicated process, especially in high-asset divorces. The more a couple owns, the more they will need to divide. Also, in high-asset divorces, the assets can be much more complicated than simply splitting a savings account. They may have multiple properties, own a business, possess stock options, and own retirement and investment accounts, as well as other various assets.

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