Law Office of Hector A. Montoya, P.L.L.C.
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When can you claim Social Security under your ex spouse's name?

If you divorced after marriage that was 10 years long or longer, you may be entitled to Social Security retirement benefits under your ex-spouse's record. This could occur if you are at least 62 and receiving benefits under your ex-spouse's record would be an advantage over using your own record. You get the larger benefit between the two records, not benefits from both accounts.

What does an Arizona parenting plan need to contain?

If you're divorcing with children, you may have a disagreement with your divorcing spouse about how to share parenting time with the kids. If you can't agree, each of you will have to develop a proposed parenting plan to submit to the court. Then a judge will decide which plan provides for each parent's legal decision-making authority over the child and maximizes each parent's parenting time.

What factors do the courts consider when setting parenting orders?

In any divorce with shared children, you will need to determine whether both parents will have legal decision-making authority and how much parenting time each will have. In general, you can negotiate this instead of going to court, although whatever agreement you reach must accord with Arizona law. If you do go to court, the court will make these determinations based on the children's best interest.

Considering a divorce after 50? You're not alone

Whether this is your first marriage or a subsequent one, there can be good reasons to consider divorcing over 50. Over the past few decades, "gray divorce" has become something of a trend. In fact, whereas the overall rate of divorce is declining in the United States, the divorce rate for people 50 and over has been rising.

What is community property and why does it matter in a divorce?

If you are getting a divorce in Arizona, you may be wondering why we're known as a "community property state." This is because we're one of only a few states that have organized marital property this way. Most states use an "equitable distribution" model.

Parenting after a rough divorce takes learning to let go

When you think about the term "co-parenting," it assumes you'll be cooperating and coordinating with your children's other parent. That may be the ideal but, in reality, it can be a lot harder than just agreeing to stick to a schedule. Each parent has their own parenting philosophy, and they can be quite different.

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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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