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

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.

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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
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