divorce
What Happens if a Divorce Goes to Trial?
The majority of divorces can be settled without a trial. However, there are instances where a trial is necessary. “About 5% of the divorces I’ve represented go to final trial,” said Andi Lawrence, Partner and Family Law Attorney with Lawrence & Jecmen PLLC. This is close to the national average where more than 90 percent…
Read MoreShould You Get a Prenuptial Agreement?
A prenuptial agreement, or “prenup” as many call it, is a legal document couples agree to sign before they marry. A prenuptial agreement is typically used to specify what might happen in the event of divorce or death. Most often the Agreement specifies what happens to assets and debts acquired during the marriage in the…
Read MoreDivorce Mediation Vs Litigation – Which Should You Go With?
Few life events are as emotional and challenging as separation and divorce. Arizona’s divorce and custody laws recognize that couples and families are better served when emotions are less charged and have developed a framework to support Alternative Dispute Resolution (ADR) to avoid protracted litigation. The attorneys at Lawrence & Jecmen, PLLC, strongly endorse ADR…
Read MoreTop Legal Reasons for Divorce in Arizona
Arizona is a no-fault divorce state, which means you do not need to provide, or prove, grounds for divorce. The Court does need to determine that the marriage is irretrievably broken, and that there is no realistic chance of resolving irreconcilable differences. It can be as simple as one party citing incompatibility and no longer…
Read MoreCan a Trial Separation Save Your Marriage?
It’s a question many married couples with marital problems wonder: will a trial separation work and give them time to assess their marriage and possibly save it? Historically and statistically, the answer is no. During the 2010s, up to 80% of separated couples ended up divorcing. However, divorce rates are actually falling, and people aren’t…
Read MoreDivorce Advice for Men
Ending a marriage is a major life event that can undo even the strongest of men. Regardless of gender or which partner initiated the separation, divorce is challenging and takes most people some time to recover from and rebuild their lives. Post-divorce, both men and women have a hard time adapting to a new life,…
Read MoreWhat Are Retirement Account Survivor Benefits? Do They Impact My Divorce?
A Qualified Domestic Relations Order, or QDRO, is a vehicle to divide ERISA qualified retirement accounts in the context of divorce without incurring early withdrawal penalties or taxes at the time of division. There are two general categories of plans that may require Qualified Domestic Relations Orders, Defined Contribution Plans and Defined Benefit Plans. A…
Read MoreCharacterization of Property
I have acquired some valuable items during my marriage. Will my spouse receive a share? All assets (and liabilities) must be characterized as either “community” or “sole and separate” in the context of a divorce. The statutory presumption is that all items acquired during the term of the marriage (from the date of the wedding…
Read MoreFactors the Court Considers in Determining Legal Decision Making Authority and Parenting Time
25-403. Legal decision-making; best interests of child A. 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: The past, present and potential future…
Read MoreFactors the Court Considers in Determining Spousal Maintenance
A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking…
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