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Tempe Arizona Family Law Blog

How spousal maintenance works in Arizona

In many parts of the United States, to calculate alimony amounts, the courts use a formula. Here in Arizona, alimony is known as spousal maintenance. In addition to the name variation, there is no strict formula that divorcing spouses use to to calculate the amount of alimony they pay or receive. Understandably, this can lead to many disputes between divorcing spouses, as it can be difficult for them to agree on how much should be paid.

If you are considering a divorce here in Arizona, it's good to familiarize yourself with the way the law works regarding alimony. While permanent alimony is becoming increasingly rare, it is still possible for the court to award it, especially when the spouses are past retirement age. Temporary alimony is much more common, and is often awarded for months or years following the divorce.

Common ways to handle a house in an Arizona divorce

Facing an impending divorce can leave you with more questions than answers. If you and your spouse don't agree with one another about how to split up your assets or have a prenuptial agreement on record, the potential outcome of your divorce may be unclear. Each divorce is unique due to differing factors like the length of the marriage and the reason for divorce. That means that there's no accurate way to predict how the courts plan to divide your assets and debts.

You may not worry about minor possessions or your credit card bills as much as you worry about your marital home. It is a major possession that each spouse likely has an emotional attachment to after years of living there. Looking at Arizona's laws as well as the role of the home in your marriage can help you better understand the likely way the courts will handle your home.

When does alcohol affect child custody in Arizona?

Parents have the right to engage in the consumption of alcohol in a responsible and appropriate manner. However, alcohol is a substance that can have profound effects on behavior. When consumed often or in high quantities, it can severely affect people's ability to be good parents who are always looking out for their children's best interests.

It is common for one parent to have concerns about the behavior of another parent when child custody is shared. One might have reason to believe that the other parent is consuming alcohol while caring for their child, and the concerned parent will likely question the safety of their child.

The length of divorce: A timeline

It's a reality that every divorce is different, so it's not easy to say how long your divorce will take. However, there is a timeline that most divorces follow. This timeline can give you a better idea about how long a divorce can take and the order of events that needs to happen to get your final decree.

The first step of any divorce is deciding to get one. Once you know that you're getting a divorce, decide which attorney you're going to work with. From there, the process begins.

My ex spouse wants to move: How will this affect custody?

When you are going through a divorce and a child custody battle, a great number of factors must be considered. In the state of Arizona, as in most other states, the primary basis for determining the type of child custody that will be granted is what is believed the be in the best interests of the child.

However, when your spouse decides that he or she would like to relocate mid-way through the divorce proceedings, you may be confused about how the courts will rule. It is likely that you will be concerned that the courts will grant the other spouse full custody because he or she has been the primary caregiver in the past. Here are the things to consider in such a situation.

What can you do when your ex isn't paying child support?

As a custodial parent, you probably depend on timely and complete child support payments to ensure you can meet all of your financial obligations. From paying your mortgage or rent to buying new clothing and supplies for school, the financial obligations of raising a child never seem to end. Even after the division of your marital property, child support can be critical to your financial stability.

When you aren't getting the support you deserve, based on the court's calculations and order of support, it can leave you in a precarious, even vulnerable position. If your ex won't pay support but has the ability to do so, you need to know your options for having child support orders enforced in Arizona.

4 things you should know about child support

Divorce is never simple, especially when it involves children. Not only will you and your future ex-husband have to divide your marital assets, such as your home in Phoenix, but you have to work out a custody schedule for the kids. Another issue that will be part of your divorce is child support.

Child support is often a very complicated issue. For example, the court typically uses fairly complex formulas to calculate child support payments. Below are a few things you should know about child support laws in Arizona.

Will spousal abuse impact child custody in an Arizona divorce?

Spousal abuse comes in many forms. Physical abuse is the most talked-about form of abuse, and it involves any kind of physical assault or battery of one spouse or the children in the household by the other adult. Emotional abuse can involve a range of toxic behaviors, such as gaslighting, intentionally insulting or belittling a spouse, or undermining his or her authority and value in front of the children or others.There are other kinds of abuse beyond the better known types. Sometimes abuse is sexual in nature, where one spouse forces physical intimacy or sex acts with a spouse who has not consented. It could be financial, which happens when one spouse carefully controls the financial freedom of the other spouse by limiting access to money or carefully monitoring any use of household funds. That can leave one spouse unable to live independently.

Regardless of the form of abuse you've experienced, if you're considering divorce with children, you probably need to know the impact the abuse could have.

An attorney can help victims of domestic violence

Those who have been victimized by intimate partner violence typically feel a loss of their personal power as a result of the abuse they suffered. These feelings of powerlessness can leave victims trapped in relationships and unable to leave.

But an Arizona attorney who is familiar with domestic violence can be a lifeline to desperate spouses. Learn the ways that lawyers can help their clients break free of the chains of pain and abuse.

Understanding community property in an Arizona divorce

One of the most pressing concerns for couples facing a divorce is often deciding how to divide your assets. If you have a prenuptial agreement or if you and your spouse can agree on terms for asset division, you already know what to expect. If you aren't able to agree about who should get what, however, the courts may need to step in and make certain decisions for you.

In general, Arizona looks to fairly divide all marital assets during a divorce. Regardless of income, both spouses will receive a portion of all accumulated assets, from retirement accounts to accrued equity in your home. Debts acquired during the marriage will also get divided between both spouses. In order to understand what assets you may receive, you need to understand what qualifies as community property in Arizona.

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