I have a friend who wants to file for a divorce but also wants to sell his home but is wondering if the soon to be ex wife would get half of the money if it sold before the divorce is final or should he wait till after the divorce to sell the hous...
The real issue here is whether or not the house is community property or not. Arizona is a community property state and any property acquired by a married couple during the marriage is deemed community property and each spouse is entitled to a one-half interest in the property. There are some exceptions to the community property rule. If the house belonged to your friend prior to the marriage it may be his sole and separate property. The other spouse would not have an interest (again there are some exceptions to this rule) in your friend's sole and separate property. There are some circumstances where a spouse can acquire something called an equitable interest in the sole and separate property of the other spouse. For example, if a spouse brings a house into the marriage that he/she purchased prior to the marriage, it would be deemed his/her sole and separate property. However, let's say the parties pay the mortgage on the sole and separate house for 10 years with community funds. The other spouse may acquire an interest in the property by virtue of the use of community funds to pay down the mortgage.
As you can see, this is a very fact intensive issue. The information provided in your question is probably not sufficient to determine whether or not your friend's soon to be ex-spouse has an interest in the house or not. Your friend needs to consult with an experienced family law attorney who has experience in dealing with Arizona community property laws and division of property at the time of the divorce. If I were your friend, I would not sell the property until he has consulted with an attorney.
My law office provides a free 30 minute consult and we would be happy to discuss this further with your friend. You can schedule a free consult by calling my office at 480-632-7373.See question
I currently have a job paying about $43K a year. My wife has a job making about $29K a year. I just got offered a new job that will start in a few weeks and the pay is around $100K a year plus bonuses. Honest story. We have been work...
Good for you. Promotions are hard to come by. The short answer is yes, it will matter.See question
My ex and I have a 50/50 split and with that we split medical bills. My daughter had been sent to the ER a few times early in the year and we never saw the bills. I am the account holder on the medical insurance so I have been waiting for the bi...
In addition to basic child support obligations, parents are required to pay for uninsured or unreimbursed medical expenses. Uninsured medical expenses are medical expenses not covered by insurance, including co-pays, deductibles, prescriptions, and any other medical, dental, and/or vision cost incurred as a result of medically necessary treatments or procedures.
These out-of-pocket medical costs are considered "extraordinary" medical expenses, because they exceed the cost of basic health care included under a parent's health insurance plan. Some child support orders state the percentage of uninsured and unreimbursed medical expenses that each party is responsible for paying.See question
My sister is an admittedly (though not on paper) neglectful mother to her now 6 year old daughter. My Niece has been living with my parents since she was 2 or 3 years old with my sister living in their house on and off, she use to have a full time...
In Arizona, in some circumstances, a non-parent may be awarded custody of a child. This is a very complicated and difficult process that requires the party seeking custody to demonstrate to the court a number of things, including that it would detrimental to the child to remain in the custody of his or her living legal parents, who want to retain custody, that a court has not entered orders regarding the childs custody within the previous year, unless the party seeking custody can show that the child's current environment poses a significant danger to the health and welfare of the child. The non-parent seeking custody musy also show that the child's parents are either no longer living, or, are not married at the time the petition for custody is being filed or are in the process of getting a divorce. What makes this process even more complicated is that in Arizona the preference is for the child to be with his or her parent or parents.
This is a very specific and complicated area of law that requires a lot of evidence. It is strongly recommended that you contact a family law attorney that can guide you through this difficult process. My office offers a free consultation on this and other family law matters. You can contact my offices at 480-632-7373.See question
I was having a facial and at one point I was left alone with eyes covered under a bank of lights, I stretched and suddenly the head of the table, on wheels, collapsed I somersaulted hitting lights ending up with table on me. I am not sure if I w...
There are a number of factors that go into determining the settlement value of a case. Unfortunately, there simply isn't enough information in your question/description to even begin to come up with a value of this case. For example, we don't know if you had medical bills related to the accident, what, if any, physical injuries (besides your fear and confusion) did you have, are there any ongoing effects of the injuries, etc. Without this information the value cannot be determined and the insurance company will likely pay only a nominal settlement, if anything. Without more information, it is really difficult to determine value of your case.See question
I went to two different schools, was unemployed for quite sometime, and when I did work it was for $8 - $10 an hour. She is an RN and makes $75,000 - $90,000 per year.
Spousal maintenance is available in Arizona for either spouse. There are a number of factors a court will consider when deciding whether or not to award spousal maintenance. The factors include, among other things, length of marriage, income of each spouse, contribution to the education of the other spouse, earning ability of each spouse, education of each spouse, etc. As you can imagine, spousal maintenance is often very hotly contested in divorce cases. Consulting an experienced family law attorney is important when it comes to spousal maintenance.See question
He abondoned me 4mos ago, but has been paying me approx $1,000. - $1,500. month to help me pay our bills. I need his support after our divorce in order to continue paying bills and live in our home which I purchased before we married. Can I ask ...
Arizona does allow parties' to seek spousal support from an ex-spouse. There are a number of factors the judge will have to consider before entereing a support award. The factors include things such as the duration of the marriage, educational disparity between the parties, employment opportunities, income of the parties, division of property at the time of the divorce, etc. It is unlikely, given the length of your marriage, that you would be eligible for indefinite support (unless there are some additional facts not provided in your questions). In most cases, you will get a few years of support and then it will terminate. In addition, spousal support will terminate if you re-marry, even if the term for the support has not ended. The amount of support will be based in large part on income of the parties and ability to earn.
Spousal support is an important issue that can be complicated. My strong recommendation is to consult an attorney to discuss your situation in more detail. My office offers free consultations. You can schedule a consutlation at 480-362-7373. Best wishes.See question
My boyfriend and his ex share joint custody of their children. She filed for child support when she found out about me, mind you they had been separated for some time. He was unemployed at the time and had the kids more time than she did. I need t...
Anytime an Arizona judge considers a request to modify child support, the judge must address two legal issues: First, is there a continuing change of circumstances that warrants the requested modification? Second, is the requested modification in the best interest of the child/children?
With regard to the change of circumstance question, you would have to provide evidence to the judge that something has changed that now requires the child support order to be modified. This can include a number of things, including loss of income, change of visitation, etc. If the judge is convinced by the evidence that a continuing change of circumstance has occurred (i.e., the change is not going to be a short-term situation) then the judge has to decided whether altering the current child support order is in the best interest of the children. Keep in mind that many judges may not alter child support if there is a voluntary change (i.e., I quit my job voluntarily to go to school).
Child support modification issues can be complicated and heavily contested. You should consult with an experienced Arizona child support lawyer to better understand your rights and to get a better idea of your chances of success. We offer a free consultation on child support issues. You can schedule a free consultation with my office by calling 480-632-7373.See question
my ex husband and i divorce in 2006. in the divorce agreement he was to pay me spousal maintenance for 5 years . i have not see any money in the last 3 years he and he did not pay me my full amount for the first 2 years. i know he file chapter 7 ...
Enforcing spousal maintenance awards can sometimes be very diffcult. Filing a Motion for Contempt and Motion to Enforce will result in the family court scheduling a hearing where your ex-spouse will be required to appear and explain whey he has not fulfilled his obligation to you by paying what was previously court-ordered. In most instances, the court will order the spouse obligated to pay support to do so immediately and to start making regular and consistent payments. Failure to comply can result in sanctions, among other things. Arizona judges take support obligations very seriously. In some instances, the arrears (the past-due, unpaid support) can be reduced to a judgment which allows you to pursue payment through a variety of legal avenues. Consulting with an experienced Arizona spousal support lawyer is highly recommended. You may have a number of options to try to enforce this obligation.
For a free consultation , you can contact the Law Offices of Kevin Jensen at 480-632-7373.See question
Hi,my name is shohreh . I have been married for 8 years but now my husband wants to divorce me..he is my second marriage ,we don't have any kids together but he has 2 for ex marriage. Financier, i don't have anything of mine and everything is on h...
The issues and concerns you have raised are issues that you should sit down and discuss with an experienced family law lawyer. In general, premarital agreements are enforceable in Arizona. Whether or not your particular premarital agreement is enforceable and to what extent is something that cannot be answered without having an opportunity to review the agreement and to get a better understanding of what the agreement covered. This is especially an issue that you need to consult a lawyer about.
You do have a number of rights that need to be considered under Arizona law when you get divorced. Your rights may very well be dictated by the premarital agreement you signed. In general, you would be entitled to a one-half interest in any assets you and your husband acquired during your 8 year marriage. You may be entitled to spousal support (alimony). However, both of these issues, could be impacted by the content of the premarital agreement.
I strongly urge you to consult with a lawyer about the many important issues you have raised in your question above. I, an many other lawyers who post on this site provide free consultations. If you would like a consultation, please feel free to contact my office at 480-632-7373.See question