Arizona Divorce Podcast

The majority of American adults don't have an estate plan in place. So why should you think about estate planning while going through a divorce? It's not as if you don't have enough on your plate already. In this episode I discuss the ramifications for failing to estate plan during a divorce, and the windfall that can benefit your soon-to-be Ex. Learn some of the key reasons why you should update or create an estate plan after starting your divorce and how simple and affordable it can really be. 

Divorce is litigation and litigation is driven by deadlines. In this episode I cover the ins and outs of Rule 4 which governs how time (e.g. deadlines) are governed and calculated under the Rules of Family Law Procedure. Listen to this episode to learn how a 20-day deadline is calculated differently than a 10-day deadline and more. 

Special guest Glenn Halterman appears on the show to discuss community liens in real estate, as well as disclaimer deeds and how they affect the characterization of property. Community liens arise when community funds are used to enhance one spouse's separate property. In this episode we break down common ways a spouse will come to own separate real estate, how community liens arise exactly, the formula used by the court to determine the extent of a community lien, and evidentiary issues people should be thinking about when dealing with a community lien in their divorce. 

Rule 69 under the Family Law Rules of Procedure allow the parties, and/or their attorneys, to enter into binding agreements. This is important for divorcing parties to be able to make settlements that cannot later be undone so progress can be made toward a final resolution. In this episode I discuss the aspects of the rule, the requirements to make an agreement binding, and the uphill battle for anyone trying to challenge an agreement under this rule. 

Back in episodes 3a and 3b we discussed the Nicaise and Paul E. cases. The Arizona Supreme Court has since ruled on the Paul E. case. In this episode I address the ruling and how it might impact the majority of people who will share joint legal decision-making with their spouses. 

In every divorce case, the parties will be required to disclose a great deal of information, typically within 40 days of the Response to the divorce Petition being filed. In this episode, I teach you the several aspects of Rule 49, when the disclosure is due, what it will need to include, the sanctions that can arise if you fail to do it, and more. 

We all want/need to retire one day. Even though it seems like a distant problem, the more we do now the better it will be in the future. In this episode I interview Sam Kasper, a wealth management and financial planner, and learn some tips and tricks to getting on track with retirement planning, even after divorce, and some things to consider during the divorce process to help jump start your future retirement. 

Before you go to a Resolution Management Conference (RMC), you will almost certainly have to file a Resolution Statement. The rules require it to be done shortly after the initial disclosure and most court orders scheduling an RMC will order it to be done, usually one week or so before the RMC. In this episode I discuss the rule on Resolution Statements, their purpose generally, and I go over the court form step by step so you can be ready to fill out and file your own Resolution Statement. 

Most people going through a divorce will end up going to a Resolution Management Conference. For many, this will be the first time going to court in their divorce case. Thus, you might be wondering what is a Resolution Management Conference, what do you need to know about it, and how can you prepare for it. I cover it all in this episode to help you get ready for your first RMC.

Divorce can be daunting and/or feel so permanent, and so sometimes the thought of a legal separation is more palatable. What's the difference between a legal separation and a divorce? Well, not as much as you might think. They are far more similar than different. Learn the differences and why you might want to choose a legal separation instead. 

Wondering what happens right after filing for divorce? When do you get support? Who gets to stay in the house? When do you get the kids? In this episode I discuss temporary orders under 25-315 and the various types of orders the court can enter during the pendency of your divorce case. 

Filing for divorce is relatively straightforward, however, it's not necessarily easy either. Learn some of the statutes that you should be aware of before you even file to know if you can file for divorce in Arizona, as well as what you should be filing and where. To learn more, I have created a free online course announced in this show, which can help you with every step in the process and provides resource links to the courts, free forms, and how to save some money on filing fees. 

Divorce can be incredibly emotional, and involve a lot of people telling you what you should do. Over the years I have seen 5 common things people do that are self-destructive and have a negative impact on their divorce. Learn from others and avoid these 5 things to have a better divorce. 

Spousal maintenance is one of the more litigated issues in divorces. There have been two recent changes in the law that may make more people qualify for spousal maintenance, but also make awards get even smaller. In this episode I discuss those two recent changes to the Arizona statute and the federal tax law. 

In most divorces both parties will be required to fill out, file, and disclose an Affidavit of Financial Information (AFI for short). It is one of the more important documents in your divorce and the Court's generally rely heavily on the information provided in your AFI. In this episode I discuss who will need to complete an AFI, where you can find the court's form for the AFI, and the many subsections within the AFI. 

In a divorce in Arizona, find out what the courts do with community property and separate property of the spouses, and how the courts determine whether property is community versus separate. In this episode I discuss the main statutes to explain the character of community and separate property, how the court treats both in a divorce, and some of the complicating factors. 

Hiring a divorce lawyer can be expensive, and a highly consequential decision, for better or worse. Make the right call by really considering some key factors before meeting with a lawyer and making a decision to hire the right one for you. In this episode I'll share my thoughts and tips on making a good hiring decision that's right for you.

The last part of the legal decision-making series. Learn how recent cases from 2018 affect how the court's view their authority, or lack thereof, to make decisions in lieu of the parents for kids, and how that may impact the courts going forwarded when awarding legal decision-making to one or both parents. 

In this third part of the legal decision-making series, I make adjustments on the fly as a recent ruling from the Arizona Supreme Court affects/reverses the ruling on Nicaise v. Sundaram that I was originally planning on discussing. Learn how the Nicaise Court of Appeals case affected one parent getting "final say" authority for legal decision-making, and how the very recent AZ Supreme court ruling reversed the Court of Appeals. 

This is part 2 of 3 in a series on Legal Decision-Making in divorce in Arizona. In this part of the series, learn how domestic violence, drug abuse, alcohol abuse, and sex offender status can impact how the Court can/will award legal decision-making to parents.