Although appearing in the statutory section regarding modifying custodial provisions (now called “legal decision-making” and “parenting time”), the legislature has thought about Arizona's service members in divorce and paternity cases and modification proceedings that involve children.
Read more: Statutory Provisions – Arizona's Service Members in Family Law Litigation
People every day are affected by domestic violence. Some individuals do not recognize they are in an abusive relationship others are afraid to leave. For those who question: what is domestic violence? Am I a victim? How do I know? Or, what do I do? This article will provide Arizona specific answers; so, you can know there is hope for all who are affected by domestic violence.
Arizona Revised Statute 13-3601 describes Arizona’s domestic violence law. Domestic violence encompasses more than just physical abuse. A person can also be found guilty of domestic violence by threatening violence or emotionally abusing another person. In order to have an act categorized as domestic violence, there must be a relationship between the perpetrator and the victim, such as marriage or former marriage, current or previous sexual relationship, or relation by blood, marriage or court order.
Yes, Arizona is a community property state. There are a total of nine community property states in the U.S. The other 41 follow the common law, and are sometimes called “equitable distribution” states.
As a general rule, yes. While most federal benefits, including veterans benefits, generally cannot be withheld, attached, garnished, or otherwise taken by a creditor in an attempt to collect on a debt, child support is an exception, as is spousal maintenance (alimony). A.R.S. § 12-1539(B); 42 U.S.C. § 659
A protective order – often also known as a restraining order – is an order from a court of law forbidding a person from committing a specified act. Violation of a protective order may result in both civil and criminal charges.
In Arizona, what was known in the past as legal custody is now called “legal decision making” (LDM), while what was known in the past as physical custody is now called “parenting time” (PT).
If you are the victim of domestic violence or fear you may become the victim of domestic violence, you can file for an order of protection. An order of protection is a legal document that commands the person who has caused the domestic violence to stay away from the victim.
People often come to lawyers asking for help getting their marriages annulled. They arrive with the belief that a brief marriage with no children means they can avoid the pain, complexity and cost of a divorce and simply have the marriage annulled.
Divorce is tough on everyone involved. For career military service personnel, one of the most hotly contested assets in divorce may be military retired pay. Career service members need to know the facts about their military pension and how those retirement benefits might be divided in a divorce.
Divorce is a time of personal upheaval. It often prompts the parties to think about who they are and who they want to be. Some decide to take back their own identities by reclaiming their former name. When we think about going back to a “maiden name,” we usually think of women. These days, however, it may be a man who used a hyphenated combination of last names during his marriage. (John Smith and Susan Jones become Mr. and Mrs. Smith-Jones.) On rare occasions, it may be a husband who took his wife’s last name. Regardless, divorce provides the opportunity to shed the married name.
The Department of Veterans Affairs (VA) recognizes all same-sex marriages without regard to a Veteran’s state of residence. There are a variety of benefits and services dependent up a Veteran’s marital status including benefits for a ‘surviving spouse.’ The VA is encouraging all Veterans in same-sex marriages who believe they are entitled to benefits but were previously denied, based on a ground related to their marriage, to apply for benefits. If you have questions to fill out a form, call 1-800-827-1000. For more information, go to http://www.va.gov/opa/marriage/