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

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, […]

Who Has the Final Say in Joint Legal Child Custody in Arizona?

In Arizona, when parents have joint legal custody, final say resides with “both” parents to agree on major decisions regarding their children. Only when one parent is given sole authority can they make decisions without the other parent. Arizona law provides for two types of legal custody of children after a divorce. One parent may […]

What Happens to Support Arrears Once Your Kids Are Grown?

It’s well known that child support obligations generally come to an end once the child is no longer a minor. However, child support arrears may have a much longer lifespan. Child support, or maintenance, is determined according to Arizona Child Support Guidelines, which are based on a child’s age at the time the child support […]

What Is Reasonable Parenting Time for a Non-Custodial Parent?

In Arizona, non-custodial parents have the right to reasonable parenting time, formerly known as visitation. The law defines “reasonable” as sufficient to ensure that a child has frequent and continuing contact with the parent, but parenting time can be significantly limited or even denied for the sake of the child’s best interests. So what does […]

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