Military Divorce in Arizona

| Divorce Family Law | August 4, 2020

Thank You for Your Service

First and foremost Duenas Eden Law, PLC would like to thank all military veterans and their families for their incredible sacrifice and service to protect our freedom. In general the military creates a significant dynamic for its members that is different than the standard private civilian. This includes moving to different bases, in and out of the country, separating from other family and resources, as well as active deployment. If the service member is married, it adds an additional layer to this setting. For some spouses this dynamic becomes too much and seek for a dissolution of the marriage.

Service Members and Divorce

Divorce is any situation can be challenging both emotionally and physically. For active military members, navigating all the legal details and emotions can seem daunting. A good first step is to contact your local Armed Forces Legal Assistance office; however it should be noted that the military considers divorce as a “private civil matter to be addressed by a civilian court”1. As a result it is important to contact an experienced divorce attorney.

Divorce in Arizona

It should be noted that wherever the divorce is filed that states marital and divorce laws apply. As a result Arizona is a no-fault and community property state. Meaning there is no need to prove grounds for a divorce filed in AZ and the division of property follows community property law respectively.

Servicemembers Civil Relief Act

For service members the  Servicemembers Civil Relief Act provides protections and services such as providing a 90 day “stay” or postponement of civil court matters, in the which divorce proceedings apply. This allows for the uniformed member the time to prepare and arrange properly for proceedings. From the Military One Resource website it states: “Postponed civil court matters — If you cannot participate in a civil court action or administrative proceeding because of your military service, you can request a 90-day delay, or stay, in the proceeding. You are automatically entitled to this delay if you follow all of the requirements. The judge, magistrate or hearing officer can grant an additional 90-day stay. Proceedings may include actions for divorce, child paternity and support cases, and foreclosure proceedings. This protection does not apply to any criminal court or criminal administrative proceedings. “2

 

Speak with an Experienced Family Law Attorney

Once again as divorce is considered a private civilian matter, having an experienced divorce and family law attorney representing you is very important. This becomes even more critical when children and assets, including military benefits and pensions, are involved. If you or your spouse is seeking a divorce in Arizona, contact us  to arrange a private consultation.

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.

 

Sources:

1. https://www.militaryonesource.mil/financial-legal/legal/family-legal-issues/managing-the-divorce-process

2. https://www.militaryonesource.mil/family-relationships/relationships/relationship-challenges-and-divorce/servicemembers-civil-relief-act


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.


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.


Top Rated Attorney in Phoenix, AZ Ahwatukee - AV Preeminent by Martindale-Hubble