May 8, 2024 | Divorce Law, Child Custody, Family Law
Rule 49 of the Arizona Rules of Family Law Procedure plays an important role in divorce and child custody proceedings by mandating that both parties disclose all relevant information completely and forthrightly.
Parties are required to automatically exchange crucial documents and information early in the proceedings, typically within 40 days after the response to a petition is filed. This encompasses a wide range of documentation, from financial records like income statements and tax returns to personal documents that may include health records and employment details.
Apr 22, 2024 | Divorce Law, Child Custody, Family Law
Vacations should be a time for relaxation and joy, particularly for children looking forward to spending time with their parents. By planning, adhering to legal guidelines, and maintaining open lines of communication, parents can ensure that vacation time strengthens family bonds without unnecessary conflict. Consulting with a family law expert can further help clarify rights and responsibilities, ensuring that both the spirit and the letter of the law are followed, allowing everyone to enjoy the most of the summer season.
Mar 20, 2024 | Divorce Law, Family Law
Once a divorce is finalized, each individual is considered unmarried for the entire tax year if the divorce is completed by December 31. The individuals must then file as “Single” or, if they qualify, “Head of Household.” Filing as “Head of Household” offers several benefits over the “Single” status, such as lower tax rates and a higher standard deduction. To qualify for “Head of Household” status, you must have paid more than half of the household expenses for the year and have a qualifying dependent live with you for more than half the year.
Mar 13, 2024 | Child Custody, Alimony, Child Support, Criminal Defense, Divorce Law, Family Law
In the state of Arizona, divorcing couples are required to disclose all assets and liabilities as part of the divorce process. Failure to fully disclose or intentionally hiding assets can result in serious consequences, including jail time. Arizona is a community property state, meaning that all assets acquired during the marriage are considered joint property and must be divided equally between the spouses.If a spouse is found guilty of hiding assets in an Arizona divorce, they may face not only financial penalties but also the possibility of criminal charges and imprisonment. It is essential for individuals going through a divorce to be transparent and honest about their financial situation to ensure a fair and equitable division of assets.
Jan 23, 2024 | Child Custody, Divorce Law, Family Law
Under Arizona Revised Statutes, particularly ARS 25-411, the impact of deployment is carefully considered in custody decisions. When a military parent is deployed, the court must assess how this change in circumstances affects the child’s best interests. During deployment, temporary modifications to custody arrangements are often necessary. The law acknowledges that while a parent’s absence due to deployment should not be the sole factor in modifying custody, it does require adjustments to ensure the child’s needs are continuously met.These temporary changes are designed with the understanding that the parent’s military service is a duty that, by its nature, can lead to unpredictable and substantial changes in their ability to provide regular care.The court also considers the military parent’s Family Care Plan, as this plan provides a detailed outline of how the child will be cared for in the parent’s absence.
Sep 8, 2023 | Child Custody, Child Abuse, Child Endangerment, Divorce Law, Family Law
In any parent custody dispute, the Arizona court’s primary concern is always the child’s best interests. However, if the court finds that a child’s physical, mental, or emotional health is jeopardized due to unfit living conditions, it can significantly affect the custody agreement. In such scenarios, the court may modify custody or limit visitation rights to protect the child. Contact a fam law attorney at CHM Law today.
