What are Your Legal Rights in Determining Paternity?
Arizona paternity laws do not require either parent to establish paternity, but in the interest of a child’s overall well-being establishing who the father is highly encouraged. The State’s paternity laws are intended to provide predictability and stability. For instance, there is a presumption that when a married couple has a child, the husband is…Read More
Should 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 More
Divorce 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 More
The Ultimate Guide to Child Custody in Arizona
Child custody is a key question parents must settle before an Arizona court will allow them to legally separate or grant a divorce. Ideally, both partners agree that their children’s well-being is paramount and are able to calmly communicate with one another about this. Arizona updated its laws addressing custody in 2013. The major impacts…Read More
Sample Parenting Time Schedule
Telephone Contact. General unscheduled contact. Each parent shall have reasonable telephone contact with the children when the children are in the care of the other parent. “Reasonable” shall include during the children’s regular waking hours and shall NOT include an excessive number of calls each day. Telephone calls between the children and a parent shall…Read More
Top 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 More
Can 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 More
Divorce 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 More
What 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 More
Characterization 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 More