Archive for January 2017
Is Divorce Even Necessary? How Failing to File and Record a Marriage License Could Negate Your Marriage Entirely
Many people mistakenly assume that holding a wedding ceremony where an officiant presides over the proceedings is sufficient to be legally married. Not so. If a marriage license is not issued in the state of Arizona, the marriage is not legally valid. That’s right – no license, no marriage. This means that if you and…
Read MoreEx-Spouse Seeking Modification of Alimony So It Becomes Indefinite Slapped Down by Arizona Court
Under Arizona law, spousal maintenance (a.k.a. alimony) can be pursued by a spouse seeking financial assistance in order to minimize economic hardship post-divorce. The amount of alimony is typically determined by agreement between the parties or by the court. In most cases, spousal maintenance is set for a finite period of time, but can be…
Read MoreAre You Responsible for the Debts Of Your Spouse in a Divorce?
The answer is: yes and no. The liability of debt is governed by A.R.S. § 25-215. It effectively states that any debt incurred during the course of the marriage that was intended to benefit the marriage is considered “community debt” for divorce purposes. This means that if you and your spouse have credit card debt…
Read MoreListing Fake Father Can Cause Paternity Nightmare
Under Arizona law, when a child is born out of wedlock, the parents may file an acknowledgment of paternity (see form CS-127). Once this acknowledgment is signed and filed, courts operate under the presumption that the man named in the document is the child’s biological father. But what if the man named in the document…
Read MoreHow Your Separate Property Can Be Transformed into Community Property
When you get divorced, not every piece of property is divided between the parties. Courts make a distinction between separate property and community property. Generally, community property is divided equitably between the spouses during a divorce. This often includes a home purchased by the parties, a car purchased by the parties, joint bank accounts, etc.…
Read More