Attorneys Amy Duenas and Dorian Eden

| Attorneys at Law Family Law | July 20, 2020

Attorney Amy Duenas

Amy Duenas is an Arizona native, born and raised in the East Valley.  Upon graduating from high school, sh attended the University of Arizona, where she received a Bachelor’s of Science in Business Administration, with a major in Business Economics. Amy then attended the University of Denver College of Law where she received her Juris Doctorate. She also had the opportunity to serve the Denver community by working in the University of Denver College of Law Student Law Office, Family Law Clinic. Upon graduating from law school, Amy returned home to Arizona to be near her family and to take the bar exam. Attorney Amy Duenas was admitted to the practice of law in 2003, and since that time has devoted her practice to Family Law, as she feels that is where she is best able to help others with difficult transitions in their family lives.

Amy loves living in Arizona, and enjoys all that the State has to offer and to balance to her life she explores the State, and spend time with her family.

Areas of Practice
Dissolution of Marriage • Legal Separation • Legal Decision Making and Parenting Time • Child Support • Juvenile Guardianship • Adult Guardianship • Adoption

Litigation Percentage
100% of Practice Devoted to Litigation

Bar Admissions
Arizona, 2003 • U.S. District Court District of Arizona, 2004

Attorney Dorian L. Eden

Originally from the Chicago area, attorney Dorian L. Eden graduated from the University of Illinois at Urbana-Champaign. During college, she decided to explore and expand beyond my Midwestern roots, spending summers working as an intern in Washington, D.C. and clerking for judges in Phoenix and Sacramento. Dorian returned to the Midwest for law school, attending Case Western Reserve University School of Law where she graduated cum laude. As an attorney, Dorian is AV Rated by Martindale-Hubbell; per rated for highest level of professional excellence. After shoveling one too many driveways in the Midwest, Dorian packed up the day after graduation and began driving to Phoenix, where she has lived ever since. Dorian began her legal career at Tiffany & Bosco, P.A., first as an associate and then as a partner. She then moved to The Law Offices of Scott David Stewart, PLLC. In 2012, Dorian decided her clients would be better served if she had her own firm. For five years, Eden Law Office, PLLC operated in Ahwatukee. Duenas Eden continues to provide exceptional service to their clients.

Dorian loves Phoenix, the desert and all the great outdoor activities Arizona has to offer. She enjoys hiking and running and is very active in the community and has served on the Ahwatukee YMCA Board of Managers since 2013.

Areas of Practice
Family Law • Divorce • Spousal support • Guardianships/Conservatorships • Personal Injury

Litigation Percentage
100% of Practice Devoted to Litigation

Bar Admissions
Arizona, 2002 •  U.S. District Court District of Arizona, 2002 •  U.S. District Court District of New Mexico

Together we are the Family Law Attorneys of Duenas Eden Law, PLC

Our entire practice emphasizes a successful, personalized attorney-client relationship. To that end, it is important for you to feel comfortable with your attorney. We spend time learning about your goals and your concerns.  That way we can create a strategy together to help you through this process.  Family law is a difficult area of law to navigate and often what seems fair or right is not realistic in Arizona. 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.


Divorce

| Divorce Family Law | July 15, 2020

Dissolution of marriage, otherwise known as divorce, can be a complex matter in a seemingly simple request; to legally end a marriage. This complexity consists of many factors including emotional, financial and familial. In this article we will discuss these 3 main areas.

What is divorce?

As stated above, divorce is the legal dissolution of a marriage contract. Arizona is considered a “no fault” state. This means that there is no need to prove fault, such as adultery or infidelity, to request a divorce. Since marriage is a legal agreement filed with the state, divorce also requires similar legal filings in order to officially and legally bring about the end to a marriage.

 

Emotions in a Divorce

It goes without saying in most divorce proceedings that there is a significant amount of emotion tied into the matter. Emotions on both sides such as anger, hate, animosity, guilt, jealously and even love can cause disruptions in the process. This is why it is imperative to have an experienced divorce lawyer represent you in your divorce. Not only will the attorney prepare and file all the necessary legal paperwork, they are able to be a clear minded and clear emotional advocate seeking the best outcome for you.

 

Financial Factors or Assets in a Divorce

Arizona is a community property state. This simply means that while the spouses are married all the “commingled” assets and debts belong equally to both. So in a dissolution of marriage these assets and debts are divided among the parties. Separate property, being considered as assets or debt acquired by a spouse prior and separate from the marriage, is still considered sole owned by one of the spouses and will not be considered for division. However this separate property can have liens placed on them by a judge in order to secure payment of assets that are not easily liquidated or disposed [A.R.S. § 25-319(e)].  Also one thing to keep in mind is that the division of community assets are not always an exact 50/50 split, many factors including valuations and debt may cause a slight shift one way or the other. In fact if an agreement is not met between the divorcing spouses regarding assets, the judge ultimately has the final say.

With regards to assets and other obligations in the event of a divorce, pre-planning with a pre or even post-nuptial agreement can ease the transition in a divorce especially among assets. But it should be noted that this is a set up well in advance and in agreement with both spouses prior to a dissolution of marriage on how the assets and other obligations will be handled in the event of a divorce.

 

Children in a Divorce

As with many marriages, children are often born and/or raised during this time. It is typically not even a consideration when couples begin their families that they may eventually divorce, and this is where the complexity enters. Most often both parents love and want “what’s best” for their children; however that idea may not always be the same in the minds of the individual divorcing parents. “Joint custody”, “sole custody”, “parenting plans” and “child support” now enter the conversation and for parents that have differing beliefs of “what’s best” for their child, this becomes forefront in much of the emotion and argument. This is prime example of the need for an experienced family law attorney. Your attorney will seek for the best outcome in the child custody proceedings and will help guide you through the best plans and course of action.

You Are Not Alone

For some, divorce is difficult and may feel like you are left all alone; you are not! We will be your attorney, advocate and friend in this difficult time. We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help and guide you in your divorce. 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.


Spousal Maintenance (Alimony) in Arizona

| Alimony / Spousal Maintenance Divorce Family Law | July 9, 2020

What most understand as “alimony” or “spousal support” is called “spousal maintenance” in Arizona. Spousal Maintenance issues can form a roadblock for a divorcing couple, both before and after entry of the decree. In this article we will share a little regarding what spousal maintenance is as well as the necessity of having an experienced family law attorney on your side.

What is Spousal Maintenance?

Generally speaking, spousal maintenance is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce.1 This financial support is to provide a "safety net" for the spouse unable to provide sufficient income for his or her needs after the divorce.2 It should also be noted that spousal maintenance is separate from child support payments and includes eligibility and computation factors.

What is the Eligibility for Spousal Maintenance?

In Arizona A.R.S. § 25-319 proposes factors that contribute to the eligibility and computation of the maintenance. Below are the factors directly from the statute as of the publication date of this article:

A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

1. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse's reasonable needs.

2. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient.

3. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse.

4. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient.

5. Has significantly reduced that spouse's income or career opportunities for the benefit of the other spouse.

B. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including:

1. The standard of living established during the marriage.

2. The duration of the marriage.

3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.

4. The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.

5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.

6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse.

7. The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.

8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.

9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.

10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.

11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.

12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.

13. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.

C. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.

D. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.

Seasoned Legal Representation Pursuing Your Fair Treatment

We will work with you to analyze your spousal maintenance situation. Among other things, we can help you with:

  • The 4-part spousal maintenance qualifying test
  • 13 factors considered how much spousal maintenance is awarded and for how long
  • Modifications
  • Enforcement

We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help you get the fair treatment you deserve when spousal maintenance is at stake, whether you receive it or pay it. In doing so, we place the emphasis where it belongs: On resolving conflict. We will work together to find the best solution for your needs, whether that solution means negotiation and settlement (as it often does) or going to court where necessary to protect your rights. 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://en.wikipedia.org/wiki/Alimony

2 https://superiorcourt.maricopa.gov/llrc/alimony/

https://www.azleg.gov/ars/25/00319.htm


Orders of Protection and What do they Do?

| Family Law | July 2, 2020

Why would you Need a Protective Order?

First and foremost protective orders are available to those that are, or may be, a victim of domestic violence. What is domestic violence? "A person who uses threats, harasses, molests, stalks, attacks, batters or strikes an intimate partner, family members, or his or her children is committing domestic violence. People from all ethnic, educational, and socioeconomic backgrounds can experience domestic violence. A person who is experiencing domestic violence has a legal right to seek relief from the courts by getting an Order of Protection. A person who is seeking protection from harassment but who does not meet the relationship requirements for an Order of Protection may ask the court for an Injunction Against Harassment. In the State of Arizona, domestic violence includes a variety of abusive acts in combination with specific relationships. The crimes and relationships are found in Arizona Revised Statutes (A.R.S.) § 13-3601."1

Types of Orders of Protection

In Arizona there are two types of protective orders. Below is information directly from phoenix.gov regarding protective orders 2:

Orders of Protection

An Order of Protection (A.R.S. 13-3602) is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. Examples of a requested Order of Protection would be filed against:

  • Your current or former spouse
  • Someone with whom you live or have lived
  • Someone with whom you are having a romantic or sexual relationship
  • One party pregnant by the other party or someone with whom you have a child in common
  • Your relative, or your current spouse's relative (contact the Court for specific relatives)
  • One of the parties is a parent, grandparent, in-law or sibling

Injunction Against Harassment

An Injunction Against Harassment (A.R.S. 12-1809) is a court order to seek protection from a person other than someone you live with, a person with whom you have no relationship, or a current or former non-family member. Injunctions Against Harassment can be issued for individuals and workplaces. To have an injunction granted or issued:

  • The defendant must have committed acts of harassment in the last year
  • There must be at least two specific acts of harassment committed

Types of Harassment and Domestic Violence

  • Assault
  • Aggravated Assault
  • Aggravated Harassment
  • Aggravated Domestic Violence
  • Child or Vulnerable adult abuse
  • Criminal Damage
  • Criminal Trespass - first, second or third degree
  • Crimes Against Children
  • Custodial Interference
  • Disobeying a court order
  • Disorderly Conduct
  • Endangerment
  • Harassment
  • Kidnapping
  • Stalking
  • Surreptitious Videotaping
  • Threatening and Intimidating

What A Protective Order Does

  • Prohibits a person from coming near a home, work site, school, or other locations listed on the court order
  • Provides you with legal recourse for one year if the person who is served violates the order

What It Does Not Do

  • Does not resolve landlord/tenant disputes
  • Does not change custody or visitation orders
  • Does not guarantee your safety

What to do Now?

If you feel you are in immediate and eminent danger call 911. If you feel that there is no immediate danger and would like to discuss your options with a qualified family law attorney, we invite you to give us a call to schedule a consultation: (480) 285-1735. We are the family law attorneys of Duenas Eden Law, PLC. We will consult, guide and advocate on your behalf in your family law matter. 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.

Sources

1 https://www.azcourts.gov/Portals/33/DV/AOCDVPO1H.pdf (page 1)

2 https://www.phoenix.gov/court/protection-orders

Additional Information:

Things You Should Know About Protective Orders booklet (pdf)

 

 

 


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