With 8 in 10 people in Arizona filing for divorce without an attorney, it's vital that you know what attorneys know about what to do before you start the process. This presentation walks you through the things you'll need to know
2. An Overview of the Law
www.mymodernlaw.com
www.accesslegaldocs.com
2
The two individuals became a “community”
No one told you how to run your community.
What happened when you got married?
3. An Overview of the Law
www.mymodernlaw.com
www.accesslegaldocs.com
3
Who pays bills?
How do you run your bank accounts?
What happened when you got married?
Who has which responsibilities?
4. An Overview of the Law
www.mymodernlaw.com
www.accesslegaldocs.com
4
You have that option of making all your own decisions
when facing divorce
ONLY is if agreements are reached.
What happened when you got married?
This first about your future and objectives
5. An Overview of the Law
www.mymodernlaw.com
www.accesslegaldocs.com
5
Petition
Response
Temporary
Orders
Discovery
RMC/Return/Stat
us Conference
Third Party
Experts or
Advisors
Trial
Decree
6. Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
6
“All” assets and debts accumulated after date
of marriage are presumed to be community.
Community Property
>> Except gifts and inheritance
7. Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
7
Property owned prior to marriage
Inheritance
Gifts
Separate Property
8. Co-mingled assets
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
8
When divorcing, we identify your
assets and debts, characterize and
divide them
9. Community liens on separate property
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
9
When divorcing, we identify your
assets and debts, characterize and
divide them
10. Retirement accounts
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
10
When divorcing, we identify your
assets and debts, characterize and
divide them
11. Businesses
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
11
When divorcing, we identify your
assets and debts, characterize and
divide them
12. Cars
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
12
When divorcing, we identify your
assets and debts, characterize and
divide them
13. Personal property
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
13
When divorcing, we identify your
assets and debts, characterize and
divide them
14. Other property
Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
14
When divorcing, we identify your
assets and debts, characterize and
divide them
15. Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
15
Determine the level of complexity
when doing the cost benefit
analysis of how much to spend.
16. Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
16
Be creative - think about
objectives
17. Divorce Law 101 - Property
www.mymodernlaw.com
www.accesslegaldocs.com
17
Modification?
18. Divorce Law 101 - Spousal Maintenance
www.mymodernlaw.com
www.accesslegaldocs.com
18
Does one rely on the other for financial support?
Spousal Maintenance
19. Divorce Law 101 - Spousal Maintenance
www.mymodernlaw.com
www.accesslegaldocs.com
19
The spouse seeking maintenance must show he or
she qualifies by establishing any one of the
following…
Step #1 - Qualification
20. Divorce Law 101 - Spousal Maintenance
Lacks sufficient property,
including property received in
the divorce, to provide for his or
her reasonable needs;
Qualifies by
establishing
any one of the
following
www.mymodernlaw.com
www.accesslegaldocs.com
20
21. Divorce Law 101 - Spousal Maintenance
Unable to be self-sufficient
through appropriate work,
Or lacks earning ability in the
labor market adequate to be
self-sufficient,
Or takes care of a child whose
age or condition requires him or
her to not work outside the
home;
Qualifies by
establishing
any one of the
following
www.mymodernlaw.com
www.accesslegaldocs.com
21
22. Divorce Law 101 - Spousal Maintenance
Contributed to the educational or
career opportunities of the other
spouse;
Qualifies by
establishing
any one of the
following
www.mymodernlaw.com
www.accesslegaldocs.com
22
23. Divorce Law 101 - Spousal Maintenance
Marriage was for long duration
and he or she is of an age that
prevents them from employment
adequate to be self-sufficient.
Qualifies by
establishing
any one of the
following
www.mymodernlaw.com
www.accesslegaldocs.com
23
24. Divorce Law 101 - Spousal Maintenance
www.mymodernlaw.com
www.accesslegaldocs.com
24
If you do not pass this step, or your spouse
cannot qualify under one of these factors, the
court does not get to step two.
Step #1 - Qualification
25. Divorce Law 101 - Spousal Maintenance
www.mymodernlaw.com
www.accesslegaldocs.com
25
OK, now how much and how long?
Step #2 - Analyzing the Factors
26. Divorce Law 101 - Spousal Maintenance
Standard of living established during the
marriage.
Duration of the marriage.
Age, employment history, earning ability
and physical and emotional condition of
the spouse seeking maintenance.
Ability of the spouse requested to pay,
to meet his or her own needs while
paying maintenance.
How
much and
how
long?
www.mymodernlaw.com
www.accesslegaldocs.com
26
27. Divorce Law 101 - Spousal Maintenance
Comparative financial resources of the
spouses, including their comparative
earning abilities in the labor market.
Contribution of the spouse seeking
maintenance to the earning ability of the
other spouse.
Extent to which the maintenance
seeking spouse reduced his or her
income or career opportunities for the
benefit of the other spouse.
How
much and
how
long?
www.mymodernlaw.com
www.accesslegaldocs.com
27
28. Divorce Law 101 - Spousal Maintenance
Ability of both parties after the
dissolution to contribute to the future
educational costs of their mutual
children.
Financial resources of the party seeking
maintenance, including marital property
awarded in the divorce, and that
spouse’s ability to meet his or her own
needs independently.
How
much and
how
long?
www.mymodernlaw.com
www.accesslegaldocs.com
28
29. Divorce Law 101 - Spousal Maintenance
Time necessary to acquire sufficient
education or training so that the
maintenance seeking spouse may find
appropriate employment and whether
such education or training is readily
available.
Excessive or abnormal expenditures,
destruction, concealment or fraudulent
disposition of community, joint tenancy
and other property held in common.
How
much and
how
long?
www.mymodernlaw.com
www.accesslegaldocs.com
29
30. Divorce Law 101 - Spousal Maintenance
Cost to obtain health insurance and the
reduction in the cost of health insurance
for the spouse from whom maintenance
is
All actual damages and judgments from
conduct that results in criminal
conviction of either spouse in which the
other spouse or child was the victim.
Modification?
How
much and
how
long?
www.mymodernlaw.com
www.accesslegaldocs.com
30
31. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
31
Custody (Legal Decision Making)
Religion Education
Health Personal care
Modification?
32. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
32
Provides for both parents to share legal decision-making
regarding their child and that maximizes their respective
parenting time.
Parenting Time:
The court shall adopt a parenting plan that
33. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
33
The court shall determine legal decision-making and
parenting time, either originally or on petition for
modification, in accordance with the best interests of the
child.
The court shall consider all factors that are relevant to the
child's physical and emotional well-being, including…
What are the factors used to decide?
34. Divorce Law 101 - Minor Children
The past, present and potential future
relationship between the parent and the
child.
The interaction and interrelationship of
the child with the child's parent or
parents, the child's siblings and any
other person who may significantly
affect the child's best interest.
The child's adjustment to home, school
and community.
Factors:
www.mymodernlaw.com
www.accesslegaldocs.com
34
35. Divorce Law 101 - Minor Children
If the child is of suitable age and
maturity, the wishes of the child as to
legal decision-making and parenting
time.
The mental and physical health of all
individuals involved.
Which parent is more likely to allow the
child frequent, meaningful and
continuing contact with the other
parent*.
*This does not apply if the court determines that a parent is acting
in good faith to protect the child from witnessing an act of
domestic violence or being a victim of domestic violence or child
abuse.
Factors:
www.mymodernlaw.com
www.accesslegaldocs.com
35
36. Divorce Law 101 - Minor Children
Whether one parent intentionally misled
the court to cause an unnecessary
delay, to increase the cost of litigation
or to persuade the court to give a legal
decision-making or a parenting time
preference to that parent.
Whether there has been domestic
violence or child abuse pursuant to
section 25-403.03.
Factors:
www.mymodernlaw.com
www.accesslegaldocs.com
36
37. Divorce Law 101 - Minor Children
The nature and extent of coercion or
duress used by a parent in obtaining an
agreement regarding legal decision-
making or parenting time.
Whether a parent has complied with
chapter 3, article 5 of this title.
Whether either parent was convicted of
an act of false reporting of child abuse
or neglect under section 13-2907.02.
Factors:
www.mymodernlaw.com
www.accesslegaldocs.com
37
38. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
38
Rights and responsibilities regarding personal care,
health care, education and religious training
A proposed plan must include:
39. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
39
A specific schedule including a holiday and school
break schedule
A proposed plan must include:
40. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
40
A procedure for exchanges including who will transport
and when exchanges will take place
A proposed plan must include:
41. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
41
A procedure for proposed changes
A proposed plan must include:
42. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
42
Communications procedures
A proposed plan must include:
43. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
43
Other optional provisions
College
Social media/entertainment agreements
Homework agreements
Extracurricular activities or expenses
Etc.
A proposed plan must include:
44. Divorce Law 101 - Minor Children
www.mymodernlaw.com
www.accesslegaldocs.com
44
Modification?
A proposed plan must include:
45. Divorce Law 101 - Minor Children
Child support is determined according
to a calculator and the Arizona child
support guidelines.
Your expenses are not considered
when determining how much child
support you will pay or receive.
A non working parent may be “imputed”
income for calculation purposes.
Child
Support
www.mymodernlaw.com
www.accesslegaldocs.com
45
46. Divorce Law 101 - Minor Children
Incomes of both parents (including
spousal maintenance)
Parenting time
Cost of child care
Cost of health care for the children
Extraordinary expenses
Factors
include:
www.mymodernlaw.com
www.accesslegaldocs.com
46
47. Divorce Law 101 - Minor Children
State involvement
through IV-D
cases
www.mymodernlaw.com
www.accesslegaldocs.com
47
Modification?
48. Divorce Law 101 - Attorney Fees
www.mymodernlaw.com
www.accesslegaldocs.com
48
Disparity of income
Reasonableness of the parties
Awarded based on:
49. Divorce Law 101 - Negotiation Options
www.mymodernlaw.com
www.accesslegaldocs.com
49
Negotiation Options
Written
negotiation
s
Mediation
ADR
Informal
Settlement
Conferenc
es
Arbitration
51. Divorce Law 101 - Final Thoughts
www.mymodernlaw.com
www.accesslegaldocs.com
51
Most are
somewhere in
between
Divorce can be
extremely
complex or simple
53. SOUTH SCOTTSDALE
7272 East Indian School
Road, Suite 540, Scottsdale, AZ
85251
Tel: 602-910-5360
MESA ARIZONA
1744 S. Val Vista Dr.
Suite 205, Mesa, AZ 85204
Tel: 480-649-2905
NORTH SCOTTSDALE
16427 North Scottsdale
Road, Suite 300, Scottsdale, AZ
85254
Tel: 480-649-2905
53
www.mymodernlaw.com
www.accesslegaldocs.com