Post Divorce Issues and Changes

| Alimony / Spousal Maintenance Child Custody Child Support Divorce Family Law | June 26, 2020

Divorced…Now What?

If you have gone through the divorce process, we are sure you are ready for it to be “over”. For some, the final signing and filing of the divorce papers mean that chapter can now be closed and you can move on. For others, the legal needs and issues will still continue. This may be regarding child custody issues and support changes or even spousal maintenance (alimony) matters, among other modifications and provisions.

Child Custody Issues

Even after the initial child custody agreements or court orders have been issued, there may be a need to review and update those agreements throughout the dependents life. Sometimes the updates are simply, but other times you may need to speak with an attorney and have representation for the best outcome. This may involve updates as the child(ren) get older or even extra provisions for special needs children.

On the other hand there may be updates to you or your ex-spouse’s life that may require post-divorce changes regarding child custody. These issue range drastically; everything from moving out of state, to the parent’s mental health and criminal/legal behavior. But the most common in post-divorce child custody issues is the “enforcement” of child support and/or custody schedules. With these we will consult with you and advocate in court on your behalf if the need arises.

Spousal Maintenance

Depending on your post-divorce situation, you may receive or even have to pay spousal maintenance (alimony). As with all legal matters, the specifics of your case will be different than others. No matter which side of the equation you are on, there is always the inevitable variable of “life”. Disability, significant income increase or decrease, business ownership income, general economic and job related instability and turmoil, among many other factors may require further updates, changes or advocacy.

 

Continued Relationship and Guidance

Things change; sometimes for the better and sometimes for worse. Having a continued relationship with your family law attorney is paramount to navigating though the many diverse post-divorce issues that you may face. We, are the family law attorneys of Duenas Eden Law. We will consult with you, assist and continue to advocate on your behalf for the best outcome in your “post-divorced life”. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.


Child Custody is Like Fashion

| Child Custody Family Law Legally Speaking | June 17, 2020

Child custody is only like fashion in that old styles are rearing their heads.

Joint-Custody

Historically, some divorced parents shared joint custody, and some had sole custody over the children. In 2010, the laws were amended to create a presumption that parents sharing joint custody was in a child’s best interest. This became the norm with virtually all co-parenting relationships involving joint custody (now called legal decision-making). One parent having final decision-making authority in the event of a parental disagreement. Sole legal decision-making was typically reserved for cases involving significant domestic violence or substance abuse issues.

Sole Legal Decision-Making

Fast forward to March 2018, when the Arizona Court of Appeals ruled that final decision-making authority was essentially the same as sole legal decision-making. Now, in the event of significant parenting disagreements, parents are facing the possibility of one parent having the full authority to make all decisions about the children.

What Changes?

For parents that can get along well enough for their children’s sake, this change doesn’t mean much. However, for parents who are repeatedly in conflict, they face the very real possibility that one parent is going to lose out on being able to decide such things as children’s schooling, medical care, and religious upbringing.

This is not the only major change to the laws. It seems almost weekly that a new appellate case ruling is issued impacting at least one aspect of family law. This is in addition to new limitations on issues judges are able to address, the significant tax changes regarding child tax dependency, and the taxability of spousal maintenance.

Consult with an Experienced Family Law Attorney

An experienced family law attorney helps protect legal rights involving important things like children and money. At Duenas Eden, the bulk of our practice is family law. Have questions about your particular situation? Call us for a consultation (480) 285-1735. Our knowledge and experienced family law attorneys can discuss the recent changes that may have a significant impact on you. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the February 2019 edition of Ocotillo Living

About Duenas Eden Family Law Attorneys

| Attorneys at Law Family Law Firm News | June 9, 2020

Family law involves so many different things: child decision making (custody), parenting time, child support, spousal maintenance, dividing property and debts. Those are the things most people think of, but it also involves co-parenting, trying to navigate significant changes to laws, domestic violence, court, mediation, and special needs children.

Family Law

Amy Duenas and Dorian Eden handle all types of family law cases, including divorce cases, establishing parental rights when parents were never married, dividing businesses, guardianships for special needs children, guardianships for adults, annulments, and adoptions. Each case is incredibly unique and requires its own approach. They regularly meet with and talk with their clients about preparing for what may happen, navigating a difficult and changing situation, and answering questions because, for most people, involvement in a family law situation is a new experience.

A Brief History of the Firm

Duenas and Eden first met more than a decade ago as opposing counsel on a case, and they were both with different firms. In 2012 they met again, this time each of them as new sole practitioners starting their own law firms. They were lucky enough to have their offices across the hall from one another in an executive suite.

Quickly becoming good friends and each other’s sounding boards on legal issues, and knowing that they tend to approach cases in a similar manner, they decided to partner up in 2017. This has allowed them to grow their practice, serving more clients and addressing legal needs that individually they could not before. For example, Amy handles adoption and dependency cases, areas Dori tries to avoid. Dori handles personal injury cases, something Amy also tries to avoid. Together, they can offer those practice areas to all of their clients.

Real People, Helping People Through Difficult Times

The two explain that family law is constant fighting between parties, with the courts, and with inexperienced lawyers who are dabbling in family law thinking it’s an easy area to pick up. They say, “We tend to balance each other out and help reduce stress loads. We laugh a lot and share funny memes with one another. We are two very real people who genuinely enjoy helping people through a very difficult time.”

 

Duenas Eden Law, PLC

We are Amy Duenas and Dorian Eden, Attorneys at Law. Duenas Eden Law will help guide and represent you in your family law case. We understand and know how to navigate the complexities of family law matters and will stand by you and with you. Our Office is located in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.

 

The above article was adapted from the original “Sponsor Spotlight” in the April 2019 edition of Ocotillo Living 


June is LGTBQ Pride Month! (Family law & Same-Sex Legal Matters)

| Family Law Same-Sex Marriage | June 4, 2020

The History & 50th Anniversary

“Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month is currently celebrated each year in the month of June to honor the 1969 Stonewall Uprising in Manhattan. The Stonewall Uprising was a tipping point for the Gay Liberation Movement in the United States. In the United States the last Sunday in June was initially celebrated as ‘Gay Pride Day,’ but the actual day was flexible. In major cities across the nation the ‘day’ soon grew to encompass a month-long series of events. Today, celebrations include pride parades, picnics, parties, workshops, symposia and concerts, and LGBTQ Pride Month events attract millions of participants around the world. Memorials are held during this month for those members of the community who have been lost to hate crimes or HIV/AIDS.  The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual and transgender individuals have had on history locally, nationally, and internationally.

“In 1994, a coalition of education-based organizations in the United States designated October as LGBT History Month. In 1995, a resolution passed by the General Assembly of the National Education Association included LGBT History Month within a list of commemorative months. National Coming Out Day (October 11), as well as the first “March on Washington” in 1979, are commemorated in the LGBTQ community during LGBT History Month.

“June 2020 marks the 50th anniversary of annual LGBTQ+ Pride traditions. The first Pride march in New York City was held on June 28, 1970 on the one-year anniversary of the Stonewall Uprising.” 1

The above was taken directly from the Library of Congress’s website about the LGTBQ Pride Month: https://www.loc.gov/lgbt-pride-month/about/

LGTBQ and Family Law

With Arizona finally recognizing same-sex marriage on October 17th, 2014, the scope of family law has increased among the LGTBQ community. This opened up the rights to same-sex spouses to receive the same benefits under the law that were previously only reserved for spouses of the opposite sex. This also extends to the realm of family law services such as pre- and post-nuptial agreements, divorce, child custody and child support as well as spousal maintenance (alimony) among same-sex individuals. Another area that became more readily accessible was child adoption. “In September 2017, the Arizona Supreme Court unanimously ruled that same-sex spouses have the same parental rights as opposite-sex spouses under state law. Basing their ruling on Obergefell v. Hodges and Pavan v. Smith, the court concluded that married same-sex couples have the right to list both their names on their child(ren)’s birth certificate(s).”2 This has also created precedence for other items such as non-biological fertility and surrogacy among same-sex couples; although such cases are not as cut and dry.

Duenas Eden Law, Experienced Family Law Attorneys in Same-Sex Legal Matters

As mentioned above, the recognition of same-sex marriage in the state of Arizona makes it easier for LGTBQ couples or individuals to seek and receive legal representation in family law matters. We, the attorneys of Duenas Eden Law, understand same-sex legal issues and will work with you on your family law matters. We will help guide and represent you in the process. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.

 

Sources
1 https://www.loc.gov/lgbt-pride-month/about/
2 https://en.wikipedia.org/wiki/LGBT_rights_in_Arizona#Adoption_and_parenting


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