A City Court Judge or Justice of the Peace in Justice Court can issue an Order of Protection to prevent your spouse or former spouse from harming you or your children.  A Superior Court Judge may also issue an order of protection.   If a Petition for Dissolution has already been filed then the Order of […]

At this time of year, holiday parenting time becomes a very important issue for divorcing couples. In Arizona, when there are children involved in a divorce case, the court requires that the parents have a written parenting plan. Parenting plans must satisfy certain statutory requirements and one of those requirements is a holiday schedule. The […]

What is marital waste? Marital waste is essentially disposing of a marital asset to the detriment of the marital community. In Arizona, the statute governing marital waste is A.R.S. 25-318(C) stating as follows: C. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction […]

Other than real estate, a retirement account is usually one of the largest assets people own.  In Arizona, if the retirement account was accumulated during the marriage, in the event of a divorce, it will be considered a marital community asset subject to equitable division by the court.  Once it is determined how much of […]

People going through a divorce often wonder if they have to share money or property they received from an inheritance. The answer is a qualified “no”. The reason it is “qualified” is because the inheritance must be kept separate from other marital assets. As an example, if you receive a sum of money, let’s say […]