Law Office of Hector A. Montoya, P.L.L.C.
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July 2020 Archives

What is needed to divide retirement accounts in a divorce?

As with most property in an Arizona divorce, pensions and retirement accounts are often considered part of the marital estate and are divided according to Arizona's community property rules. This often means that part of one spouse's pension or retirement account needs to be distributed to the other spouse.

In a divorce, will my child be asked to decide who to live with?

It depends on the circumstances. For one thing, if you negotiate or mediate your divorce, you will come up with your own parenting plan, which includes assigning legal decision-making authority and parenting time. If you can resolve your divorce by agreement, out of court, there is no need to worry about having your child testify about their wishes.

Can you do divorce mediation if there has been family violence?

Research has consistently established the domestic violence rate during the time of separation at between 40% and 80%. If you have experienced intimate partner violence, does that mean you can't undertake divorce mediation?

Unmarried parents? Consider getting a court order of paternity

The Smith Law Offices, P.C. - In Arizona, you can establish a father's paternity by having both parents sign an acknowledgement of paternity form in the presence of a witness or notary. You will generally need a photo ID. You may even have been given this form when your baby was born. You don't even need to have a paternity test done.

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Law Office of Hector A. Montoya, P.L.L.C.

3507 North Campbell Avenue
Suite 111
Tucson, AZ 85719

Phone: 520-719-1767
Phone: 520-743-1797
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