New Year, New You?

| Divorce Legally Speaking | January 7, 2020

Happy New Year! Have you made your new year’s resolution?

I think I usually hear people listing getting in shape, losing weight or paying debt at the top of their resolutions. But there are other things that should be considered as well. The beginning of the new year presents a great time to review homeowner’s, automobile and life insurance policies. A change in incomes or values of property may warrant a modification of insurances. It is a great time to examine your entire estate plan – wills, trusts, powers of attorney, living wills, etc., and a meeting with your estate planner may be appropriate. If you have a financial planner and/or certified public accountant, you may want to discuss the new year and what you hope to accomplish. It is a good time to schedule a complete physical and manage your mental and physical health. Maybe it’s time to re-evaluate your time management skills or work/life balance.

Some people determine that it is time to make a change to their marriage. Before someone files for a dissolution of marriage, s/he may consider if it is possible to work on the marriage through marriage counseling. A dissolution of marriage case may be long and can be extremely emotionally and financially exhausting. A minimum of sixty (60) days must pass before a married couple can get divorced from the time the petition for dissolution of marriage is filed and served. Most family law practitioners use a rule of thumb of 64 days to make sure that the time limit is met. A case may actually not be resolved for four, six, ten months or a year if there are disputed issues.

Gather Financial Statements

Before a party files for dissolution of marriage and if there is not domestic violence, s/he may want to gather current financial information such as bank statements, credit card statements, pay stubs, tax returns and any other financial information. Knowledge of assets and liabilities is very important for both parties in a dissolution case.

Whatever your goal for the new year, remember there are people who can help you.

I have said this before in these articles, but reach out and seek assistance from professionals. Don’t try to navigate uncharted waters alone. If you need legal or other professional assistance, please call our Office. If we can’t help you, most of the time we will refer you to people who can. Happy New Year! I hope this year is your best ever!

Speak with a Qualified Divorce Attorney in Arizona

The Divorce Layers at Duenas Eden Law, PLC understand you needs in this trying time. We are trusted attorneys in Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Serving the Phoenix metro area including Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Trust the Family Law Attorneys of Duenas Eden Law, PLC. Call today: (480) 285-1735.

Family Law Attorney in Phoenix / Ahwatukee Dorian Eden
By Dorian L. Eden
Originally published in the January 2014 edition of Ocotillo Living

I’M MOVING OUT…. What Can I take?

| Divorce Legally Speaking | January 1, 2020

It’s a new year and a time for resolutions

While that may mean losing the inevitable holiday weight gained over the last two months, it may be more serious and involve a decision that a relationship just is not working. If you have decided to end a marriage and separate, you will quickly realize that it’s not as easy as saying, “I’m leaving.” There are couches and televisions to divide. There are household bills that still need to be paid. There may be bank accounts to separate. And who has to pay those credit card bills from the holidays?

Arizona is a Community Property State

Because Arizona is a community property state, assuming the parties are legally married, then generally, each person is entitled to one-half of the accumulated assets during the marriage. There are some exceptions to this rule, but in general, this is the presumption. Typically, if the parties are able to communicate somewhat, they can discuss who will take the couch, the table, etc. But, if that’s not possible or safe, leaving and taking one-half of the furniture can be done. It’s a good idea to take before and after pictures of each item and room, and to create a list of items taken and left. Te same is true for money in bank accounts (although bank statement will suffice in lieu of pictures). If an agreement can’t be reached, then the court is there to decide.

Debts and Bills

Paying debts and bills is a different issue. In a community property state, both parties are obligated to pay ongoing bills and debts, even if the parties are no longer living together. If the parties agree on which each person is going to pay what obligation, then ideally each party would honor that agreement. If there is no consensus, then it may be necessary to seek court involvement for allocation of debt payment. It may be difficult to protect one’s credit during the process, but obtaining a copy of your credit report and monitoring ongoing activity is important. If one person fails to pay debts and other bills and your credit becomes negatively affected, there may be remedies that the court can implement.

No two cases are exactly the same. So, before taking action, you should consult with a family law attorney to discuss the specifics of your particular situation.

Speak with an Experienced Divorce Attorney

We understand that separations and divorce can be difficult. Duenas Eden Law, PLC listens to your needs to resolve your case. We are trusted attorneys in Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Serving the Phoenix metro area including Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Trust the Family Law Attorneys of Duenas Eden Law, PLC. Call today: (480) 285-1735.

Family Law Attorney in Phoenix / Ahwatukee Dorian Eden
By Dorian L. Eden
Originally published in the January 2013 edition of Ocotillo Living

Sole Versus Joint? What Does Decision-Making Mean?

| Child Custody Legally Speaking | December 23, 2019

Custody Laws in Arizona

I wrote an article a few months back about the changes to Arizona Custody Laws. In summary, in family law cases “custody,” as it was formerly known, no longer exists. Now, divorced or non-married parents have either joint or sole decision-making about big decisions involving their minor children – typically things such as non-emergency medical care, education, religion and well-being issues. The family law judges start with the presumption that joint decision-making, meaning both parents are able to participate in making such important decisions, is in a child’s best interest. They do so because Arizona law requires such a presumption. See A.R.S. § 25-103(B)(2). But, there are exceptions to every rule and certainly cases where joint decision-making is not feasible and one parent is then granted sole decision-making authority. This is not common and typically limited to circumstances where there has been significant domestic violence or significant substance abuse issues, just to give a few examples.

Sole, Joint and Final Authority Decision Making

As family law judges and practitioners work on implementing the new laws (which really have been in effect since 2010), I am increasingly finding that judges are telling parents that sole decision-making does not mean that decisions are made to the exclusion of the other party. One judge recently stated that he views sole decision-making and joint decision-making with one parent having final authority to make decisions as meaning virtually the same thing. Other judges seem to be agreeing with this sentiment. This means that the parent with either sole or final authority to make decisions must first consult with the other parent and ask for his or her input on whatever the particular issue at hand. And only in the event of a disagreement may the parent with the authority to make the decision do so. For most parents, that probably seems like a no-brainer. You talk with the other parent of your children and try to come up with an agreement on how to handle a particular situation – just like people often do when they are together. Yet, in my line of work, I regularly see cases where judges have to tell parents that they have to at least make a good faith attempt to discuss the situation with the other parent because this is in a child’s best interest. It is these cases where parents are not thinking about what is in a child’s best interest, but rather, how are they to retaliate against the other parent. Judges see this too and generally are quick to spot when this is a problem.

Big Decisions

There are many examples of parents making big decisions about their children under the auspices of “sole” or “final” decision making authority. This inevitably causes the parent who was left out to feel as though the other parent does not value his or her input as a parent and if one parent does not value the other, then are they also expressing that to the children? There is, to some extent and in certain cases, validity to these concerns. This is quite possibly the reason why many judges order joint decision-making, even when it is clear the parents do not and cannot get along – because to give one parent authority will be to the other parent’s detriment. Judges get used to seeing essentially “repeat offenders” – those parents who will almost always have some issue pending before the court. They do not typically like making decisions about other people’s children, but if the

Consult with a Trusted Family Law Attorney

We understand that child custody and decision making is an important issue. The Lawyers at Duenas Eden Law, PLC listen to you and the decisions facing you and your children. We are trusted Family Law Attorneys focusing on Child Custody Cases, Child Support, Divorce, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Serving the Phoenix metro area including Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Family Law Attorney in Phoenix / Ahwatukee Dorian Eden
By Dorian L. Eden
Originally published in the June 2014 edition of Ocotillo Living

I Want to File for Divorce… Now What?

| Divorce Legally Speaking | December 17, 2019

Dissolution of Marriage

In Arizona, proceedings to end a marriage are called a dissolution of marriage. Arizona is a no-fault state, meaning that one person does not need give a reason why the marriage is over, but must simply state that it is irretrievably broken and there is no likelihood of reconciliation.

Most people do not get married without at least some planning and forethought. But a number of people say to their spouse, “I want a divorce,” without knowing what that means other than they will no longer be married.

The case is initiated by filing a petition for dissolution of marriage. But, before ever getting to that point, it is important to have a good idea of your finances, debts and how you envision life after divorce.

Many Things to Consider in Divorce Filings

Dissolving a marriage is a complicated process that involves children’s issues, financial ramifications, tax implications, dividing assets and debts. It may involve someone paying or receiving spousal maintenance. Do you have current copies of all investment and bank account statements? Have you carefully reviewed the last several, or more, months of statements for any suspicious activity? Do you have a current credit report and copies of all credit card statements? Do you know what your house is worth and what you owe on your mortgage? Do you own a business? Where do you intend to live after the dissolution is granted? If you have children, how would you want to divide custody and parenting time? These are all important questions to ask yourself before beginning this process.

Seek a Qualified Attorney

A qualified attorney can assist you with this life-changing event. Knowledge and a frank discussion about possibilities builds a good foundation for the process. Trying to handle everything associated with a divorce on your own, without any legal assistance, can be costly because you may be agreeing to things that you otherwise would not have to or want to. You may give up assets to which you are otherwise entitled or parenting time with your children. Some mistakes can be corrected. With others, there may not be anything that can be done.

If you are considering a divorce or your spouse has said the D word to you, please call to schedule a consultation to make sure you are as prepared as possible for the process.

Duenas Eden Law, Divorce Attorneys in Phoenix – Ahwatukee – Laveen

The Lawyers at Duenas Eden Law, PLC  listen and focus on helping you successfully manage your legal issues. We are experienced trial attorneys that focus on Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Offices located in Ahawatukee and serving Phoenix, Laveen, Tempe, Chandler, Mesa and Gilbert. Trust the Family Law Attorneys of Duenas Eden Law, PLC. Call today: (480) 285-1735.

Family Law Attorney in Phoenix / Ahwatukee Dorian Eden
By Dorian L. Eden
Originally published in the April 2012 edition of Ocotillo Living

Top Rated Attorney in AZ - AV Preeminent by Martindale-Hubble