Law Office of Hector A. Montoya, P.L.L.C.
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Posts tagged "Divorce"

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?

Can you stop your ex from moving away with the kids?

Depending on the circumstances, you may be able to. It depends in part on what your arrangements for legal decision making and parenting time are. Ultimately, the court will decide whether the relocation is in the children's best interest.

Do you need help with a domestic violence order of protection?

If you are in an intimate, family, romantic or sexual relationship with someone who is abusing you, you have the right to seek an order of protection. Also called a "retraining order," an order of protection can be obtained after an act of domestic violence or a credible threat. You can file for up to a year after the most recent violent act or threat of violence.

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.

How is child support calculated in Arizona?

At least on their wedding day, most couples who get married believe they'll be together forever, but unfortunately, that isn't reality. Many couples will live long and happy lives together. Other married couples will bask in the limelight of marital bliss for a few decades before life takes its toll on their relationship.

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.

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

3507 North Campbell Avenue
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Tucson, AZ 85719

Phone: 520-719-1767
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