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Author Archives: Clark & Schloss Family Law, P.C.

Obtaining Child Support from an Unemployed or Underemployed Spouse

When a couple with children gets divorced, their personal finances are crucial to determining how much child support should be paid. Typically, the calculation of child support is relatively straightforward. The judge analyzes each parent’s income and assets, applies the Arizona child support guidelines and enters an order specifying the amount the noncustodial parent should […]

How Community Property Law Can Make One Spouse Liable for the Other’s Debts

When people talk about divorce, they usually understand that each former spouse is likely to walk away from the marriage with a share of the assets, whether it’s half or some other percentage. But what may not be discussed as much is the fact that the couple’s debts also go through the division process, so […]

Creating a Valid and Enforceable Prenuptial Agreement

When done correctly, a prenuptial agreement is an effective, proactive way for a couple to plan for various contingencies. These agreements can provide certainty amid normally uncertain events like divorce, disability or even a lottery win. By spelling out who gets what property when certain events occur, the possibility of conflict over assets is reduced. […]

Divorce During the Year of Coronavirus

The number of people looking for divorce spiked 34 percent between March and June, compared to a year earlier, and 20 percent of the people exploring divorce have been married five months or less, according to recent data. It appears that the stress of quarantine, job loss, homeschooling and other aspects of the COVID-19 pandemic […]

How to be Effective Co-Parents During the COVID-19 Pandemic

COVID-19 cases, which here in Arizona peaked in mid-summer before being brought under relative control, are back on the rise in frightening numbers. For parents, this means co-parenting will continue to be a challenge as working from home, business closures, home schooling and other responses to the pandemic remain in play. As experienced Scottsdale child […]

Can Third Parties Be Awarded Child Custody or Visitation in Arizona?

In Arizona child custody cases, the law creates a rebuttable presumption that awarding legal decision-making authority to one or both of the parents best serves the child’s physical, psychological and emotional needs. This is a difficult presumption to overcome. But there are certain circumstances where the law allows a third party, such as a grandparent, […]

Understanding the Benefits and Limits of a Prenuptial Agreement

Nobody likes to think about divorce when starting a marriage, but it is a realistic possibility that must be considered. Many couples marry later in life after having accumulated some wealth and after having children from a prior marriage. Entering into a prenuptial agreement is a way to plan for an orderly disposition of property […]

What Does a Preliminary Injunction Do for Spouses in a Divorce?

Arizona is a community property state, which means that all property acquired during a marriage is deemed to belong to both spouses equally and, upon divorce, is divided equally between them. When you file for divorce, you may be concerned that your spouse will spend or otherwise dispose of money in bank accounts and other […]

How Do Arizona Divorce Courts Determine Spousal Maintenance?

Either spouse in a divorce proceeding may seek spousal maintenance, better known as alimony, based on financial need. If a spouse lacks sufficient resources to provide for his or her reasonable expenses or is unable to be self-sufficient through appropriate employment, that spouse may be awarded support. A court deciding on spousal maintenance also looks […]

Keeping in Compliance with Parenting Time Orders During COVID-19

Co-parenting has been difficult for many Arizonans during the coronavirus pandemic. Work schedule changes, school cancellations and business closures have made it difficult for divorced or separated parents to follow court-ordered plans. The crisis shows no signs of abating, with Arizona experiencing record levels of exposure cases and related deaths. While court officials are sympathetic, […]

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