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)

 

 

 


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


What is Family Law?

| Alimony / Spousal Maintenance Child Custody Child Support Divorce Family Law | May 28, 2020

Family law is an area of practice surrounding the legal actions and decisions within family relationships. These most often include divorce, child custody and adoption, child support matters, spousal maintenance (alimony) requests, pre-nuptial and post nuptial agreements, among others. The attorneys of Duenas Eden Law, PLC focus only on family law matters. This is important when choosing an attorney, as this allows for all the experience and knowledge of the lawyer to be hyper focused on your specific family law need. We won’t go into great detail in this article regarding each of these individual cases, but we will share with you some of the common matters within the following areas.

Divorce

Marriage has been paramount in human relationships for a long time; however for many and diverse reasons, couples may seek to dissolve their marital union. This becomes much more involved when assets are mingled, children are born into the marriage, ownership of businesses are being considered, infighting and contention, etc. Currently Arizona is a “no-fault” state when it comes to a divorce. That means that there is no need to prove fault, such as adultery, to request a divorce. The main caveat to the “no-fault” stance in Arizona has to do with “Covenant Marriages”. A covenant marriage is considered in Arizona when spouses undergo special pre-marital counseling to help strengthen their marriage bond. As a result the courts may consider “fault” in these cases.

Child Custody & Adoption

Commonly child custody follows a divorce proceeding when the two parents simply cannot be able to act as the 100% custodial agents to the child(ren) together. When considering child custody it is important to speak to an attorney to help mediate and guide in the best result for the child(ren). Family law attorneys also assist in legal adoptions and parental rights not connected with divorce or even marriage for that matter.

Child Support & Spousal Maintenance

With regards to child support in Arizona, the financial needs and resources of the child as well as the financial resources and needs of the custodial parent, among other factors, are taken into account [A.R.S. § 25-320(D)]. With regards to spousal maintenance, the court may grant a maintenance order for either spouse and the term limit based on a list of qualifications as found in A.R.S. § 25-319.

Pre-Nuptial and Post-Nuptial Agreements

Pre-marital agreements, also know as “pre-nups”, are legal agreements drawn up between potential spouses prior to being legally married. Post-marital agreements, otherwise know as “post-nups”, are legal agreements between spouses after entering into a legal marriage. In both cases these agreements typically revolve around the rights to assets or property in the event of the dissolution of a marriage. Often assets in the agreements can include; investments, inheritances, debts, spousal maintenance and high value assets.

 

Consult with the Experienced Family Law Attorneys at Duenas Eden Law, PLC

There are other specific matters and cases within the discipline of family law. Consult with the experienced family law attorneys of Duenas Eden Law to see if we may be able to assist you. We will listen and help guide you for the best outcome possible. We will then stand by you and advocate on your behalf. 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.


Parenting Plans and Older Children (Divorce & Child Custody)

| Attorneys at Law Child Custody Family Law | May 21, 2020

Congratulations to the Graduating Class of 2020!

Truly 2020 is a year for the history books and for years to come school children will be studying the events that you and your children have been apart of. Although for many, the traditional graduation ceremonies this year will be completely different than years past, but one thing to remember is that those graduating this year have accomplished something wonderful and should be celebrated. A caution we often share with parents is that this time is about your child, not you or your ex-spouse. Let them shine in their moment, especially during this historic era.

From Teenager to “Adult”

Depending on the age of your child(ren) when you first implemented your parenting plan, many things and situations may have changed for your child. Often times when those that divorce with younger children, parenting plans and support needs focus on the relatively near future. A good parenting plan looks deep into the future, but sometimes those plans, formal or informal, miss certain things with your child’s future activities, aspirations or even health.  The teenage years of a child, help mold and guide their adventure into adulthood, and proper support and communication, mediated or unmediated, between parents make a big difference in the success of the child in those formidable years.

Consult with an Experienced Family Law Attorney

Whether you are considering a divorce or need to discuss options regarding a parenting plan or child support, contact the trusted and experienced family law attorneys of Duenas Eden Law. We will listen and help guide you for the best outcome for you and your children. We will then stand by you and advocate on your behalf. 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.


Why Can’t You Just Get Along? (Divorce, Child Custody & Family Law)

| Child Custody Divorce Family Law | May 14, 2020

I would like to take my child(ren) out of state to Disneyland

“The Court is in receipt of Mother’s Motion for Permission to Travel Out-of-State with children. It is sad that such a motion has to be written, let alone ruled upon…. The Court cannot think of any good reason why any parent would refuse to agree in writing for his or her children to go to Disneyland…It just got a little more expensive to get happy. If in fact Father has refused Mother’s travel requests, then Father’s refusal for the sake of refusal is nothing more than a Mickey Mouse litigation tactic, and just plain Goofy.” In re the Marriage of McCreery FC2012-093275, Minute Entry dated 06/06/2013, page 1.

This ruling is funny. The Judge, clearly annoyed with the situation, makes numerous references to a parent’s refusal to allow his minor children to travel to Disneyland – presumably just to “get back” at the other parent. The Judge in this case attempted to inject some humor in a situation. The ruling went viral. It’s been all over Facebook. My paralegal told me she saw it before I showed it to her. I’ve shown it to multiple networking groups, my husband and anyone else I think could use a good laugh. But, it’s also a serious and sad reminder of the issues family law attorneys and judges deal with every day.

Are you really thinking about the child(ren)?

I’ve heard eloquent speeches by judges, mediators, attorneys and even clients and the gist of it is “Why can’t [you/he/she] just think about the child[ren]? It’s not about [us/him/her]. It’s about the child[ren]!”

Parents frequently say that to me. But, is it really? Are parents really putting their children’s best interests ahead of whatever animosity exists between the parents – that led to the breakdown of their relationship?

Children should not be involved in a relationship breakdown. They want to love both parents. They deserve to love their parents without hearing how bad the other parent is. Judges do not like to hear people badmouthing the other parent. Are there some really bad parents out there? Of course! There are people who make us all think – there’s no requirement, no class, no license required to become a parent?! But, for most of us, we try our best, we’re pretty good on most days although could use some improvement on others. When you start thinking of how to “get back” at someone though, you’ve lost sight of a child’s best interest. It’s just plain “Goofy.” Id.

So remember, the next time you want to object or fight the other parent, a judge may someday issue a ruling in your case. And it may go viral. Do you want the world to read that you’re engaging in a “Mickey Mouse litigation tactic?” Id.

Duenas Eden Law, PLC Experienced Family Law Attorneys

If you are involved in a decision making (child custody) or parenting time dispute with someone, call an experienced family law attorney to discuss your case.

The lawyers of Duenas Eden Law we are trusted and experienced attorneys focusing on family law including; child custody cases, divorce, child support, spousal support, same-sex legal issues other family law matters. Office in the Ahwatukee area of Phoenix, AZ and servicing the Ocotillo Community and the entire Chandler area, Laveen, Tempe, Mesa and Gilbert. 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.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the August 2013 edition of Ocotillo Living

When Should I Create an Estate Plan?

| Attorneys at Law Family Law | May 6, 2020

The answer to this is you should have one already.

Most people put off the creation of an estate plan. Obviously it’s uncomfortable to think about passing away. Although, if you ask those same people they will likely have fairly strong thoughts about what should happen to their assets when they die!

Life-Changing Events

From a lawyer’s perspective, when should you create an estate plan? I suggest whenever you have a life-changing event: getting married, having a child, getting divorced. Why? Because big events are what make us think about “what ifs.”

Marriage is generally a happy time. Having a child is generally a happy event. But what about events that might not be so happy, such as a divorce or a partner break-up?

Divorce

If you are in the middle of a dissolution of marriage proceeding that is not the time to make changes to your will, trust, or beneficiaries. You can do so before filing a petition for dissolution of marriage or after the decree is entered, but not during.

Once a dissolution is finalized the last thing you want is to potentially leave your ex-spouse the portion of your estate you fought so hard to keep. This is when you need to look forward and think about the future. Do you have children you want to name as beneficiaries? Parents? Siblings? Working with an estate planning attorney is an important “loose end” to tie up after the decree of dissolution of marriage is filed. After the divorce you followed through on dividing up the retirement accounts. Shouldn’t your heirs receive the same attention?

Duenas Eden Law, PLC Attorneys at Law

The attorneys of Duenas Eden Law we are trusted and experienced lawyers focusing on family law including; divorce, child custody cases, child support, spousal support, same-sex legal issues other family law matters. Office in the Ahwatukee area of Phoenix, AZ and servicing Ocotillo and the entire Chandler area, Laveen, Tempe, Mesa and Gilbert. 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.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the June 2012 edition of Ocotillo Living

I Do… (But I want to protect my assets!) – Pre-Nuptial / Post-Nuptial Agreements

| Divorce Family Law | April 30, 2020

Protecting Assets in the Event of a Divorce

Considering that many people are waiting to get married or getting married for a second (or third or fourth) time, there may be assets that someone has that s/he wants to protect in the event of a divorce. I doubt that most enter into a marriage thinking it will not last. Applying logic and the odds, it is a good idea to define in advance, when the couple is happy and in love, how assets and liabilities will be handled both during the marriage and in the event of a dissolution.

Arizona is a Community Property State

In the absence of a premarital or post-nuptial agreement, community property law applies in Arizona, which generally provides all assets accumulated during the marriage are presumed to be for the benefit of the community consisting of the husband and wife. Arizona Revised Statute 25-201, et seq. are the laws that allow couples to abrogate or limit the applicability of community property law and define how income, assets and debts will be paid. Not all couples want to eliminate community property law and instead want to set pre-defined limits about spousal maintenance, such as whether any will be paid and if so the amount, and division of assets and liabilities. This is permissible as well, provided that pre-marital or post-nuptial agreements regarding spousal maintenance do not result in one party needing to utilize state assistance.

Rules for a Pre- or Post-Nuptial Agreement

There are fairly straightforward rules for a pre- or post-nuptial agreement to be valid. The parties must be entering into the agreement freely and voluntarily and without any undo threats or coercion. Timing of the agreement may be considered, but is not necessarily going to invalidate an agreement. The agreement must be in writing and signed by both parties. If one party has an attorney, then both parties should have attorneys, and one attorney cannot represent both people. For some reason there is a common misconception that one attorney is able to represent both. Despite the relationship status at the time an agreement is entered, the parties have differing interests and it is a conflict of interest for one attorney to represent both.

In addition to those requirements listed above, each party must make a fair and reasonable disclosure to the other of all known assets and liabilities. The agreement must not be unconscionable at the time that it was entered, meaning that it is to be fair and equitable and not punish one party or completely deprive one party of assets and liabilities.

I mentioned post-nuptial agreements earlier in this article. There is not a lot of law in Arizona concerning the validity of post-nuptial agreements. Generally, attorneys follow the same requirements for a pre-marital agreement, but there is no guarantee that a post-nuptial agreement will be valid at this time.

Family Law, Divorce and Same-Sex Legal Matters

If you are considering a pre- or post-nuptial agreement, it is important to talk with an experienced family law attorney. At Duenas Eden Law, PLC, we regularly assist clients with such issues. The attorneys of Duenas Eden Law we are trusted and experienced lawyers focusing on family law including; pre-nuptial and post-nuptial agreements, divorce, child custody cases, child support, spousal support, same-sex legal issues other family law matters. We are family law lawyers servicing Laveen, Ahwatukee, Tempe, Chandler, Mesa and Gilbert. 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.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the July 2014 edition of Ocotillo Living

Pregnant Man Denied Divorce…

| Divorce Legally Speaking Same-Sex Marriage | April 22, 2020

Did I catch your attention with the title and lure you in? Keep reading…

This is an interesting case! It is not often that there are rulings from a family law case in Maricopa County that leads to national headlines. However, on March 28, 2013, the Maricopa County Superior Court did just that when it ruled that a man, who was born a female and gave birth three times after receiving a birth certificate declaring him to be a man, could not divorce his wife.

In a very detailed and lengthy opinion, the court found that the parties failed to prove that they had a legally recognizable marriage under Arizona law. The full case opinion is In Re the Marriage of Thomas Beatie and Nancy J. Beatie, FC2012-051183.

 

The Details

Thomas, as stated above, was born a female. He began undergoing hormone treatments as part of a sex change to become a man, but abandoned such treatment before it would have eliminated his ability to bear or carry a child in his womb. He underwent a medical operation as part of his sex change, but it was revealed that the surgery was a double mastectomy. Thomas obtained a new birth certificate listing his sex as a male, but the court noted that Thomas never disclosed he would still have the ability to become pregnant. While Thomas presented an affidavit from one of his doctors explaining that he had undergone medical procedures, no discussion of the extent of those procedures was provided to the state issuing the new birth certificate.

After obtaining a new birth certificate listing his sex as a male, Thomas and Nancy married. They then went on to have three children, all carried by and born to Thomas.

 

The Findings

The Maricopa County Superior Court denied the dissolution of the parties’ marriage, finding that they were never legally married and thus there was nothing to dissolve. In Arizona, a marriage [was] legally defined as being between a man and a woman [prior to October 17, 2014].  In deciding that Thomas was not a man, under a plain meaning of the term man, the only decision the court could make was that the marriage was not valid because it was not between a man and a woman.

Where does this leave Arizona? Almost certainly with the Arizona Court of Appeals hearing the case. In fact, there has already been a notice of appeal filed with the Arizona Court of Appeals. Will this case have an impact on same-sex marriages or cases involving couples cohabitating? In my opinion, it likely will not. This case involved a very narrow legal issue asking whether the marriage between Thomas and Nancy was valid under Arizona law. In deciding it was not, the court declined to accept either party’s arguments of social policy, instead focusing solely on interpreting the laws of Arizona. This begs the question then – had Thomas not born a child, would anyone have questioned the legitimacy of the birth certificate?

 

Family Law, Divorce and Same-Sex Legal Matters

Although the above case was a unique one, with the current recognition of same-sex marriage in the state of Arizona many still have questions regarding such matters. Consult with an experienced family law attorney that listens to your case and your needs. The attorneys of Duenas Eden Law we are experienced and trusted lawyers focusing on Family Law including; Same-Sex Legal Matters, Divorce, Child Custody Cases, Child Support, Spousal Support and other Family Law matters. We are Family Law Lawyers servicing Laveen, Ahwatukee, Tempe, Chandler, Mesa and Gilbert. 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.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the June 2013 edition of Ocotillo Living

A Pet-Sharing Agreement? (Divorce & Personal Property)

| Divorce Legally Speaking | April 14, 2020

 
 
These days it is common to know someone who shares time with his or her children. We call it a Parenting Plan in Arizona. It defines when the children will be with mom and when they will be dad.

What about the non-human members of our family?

What about our dogs, cats and other animals that hold such special places in our hearts? These may be the kids before we had kids,or the kids after the kids grew up and moved away, or maybe they are the “kids.” Regardless of the circumstances, pets move into our hearts and don’t leave. When a relationship fails, the idea of not seeing a pet again can be gut wrenching.

Pets are considered personal property in Arizona. That means that just like a couch or car or flat-screen television, in a dissolution of marriage case, someone will receive the dog or cat and someone won’t. I recently was involved in a case where one of the biggest hurdles to resolution was the dog. The husband and wife did not have a lot of money or assets, but they each spent a lot of money and time arguing over the dog. I kept reminding my client that from a financial standpoint it was not worth the money spent in attorney’s fees to argue over the dog. As a lawyer, that is the cost-benefit analysis we have to go through with our clients. As a person, I was the one who kept making an appointment to euthanize my dogs, and then canceling it, because even though I had two very sick near-death dogs, I couldn’t bring myself to actually say it was time. It is the classic logic versus emotion pull that family law attorneys have to deal with on a daily basis.

 

Time-Sharing with Pets

I have negotiated and argued on behalf of my clients for a petsharing arrangement. I have seen more people share time with pets when they have human children and the pets go back and forth with the kids. But, it does happen where parties ask for a time-sharing arrangement for the pets.

Any time-sharing arrangement for pets should be clearly defined. Specific days and times should be delineated. Clarity is necessary if someone wants to be able to enforce the timesharing. With pets, in my personal (not legally backed by anything other than my opinion) view, they don’t need to see the other person as frequently as children. Thus, it may be easier on the parties to have fewer exchanges. It may not be necessary to exchange a couple of times a week. Once a week or less may be sufficient for exchanges.

 

Pet Expenses?

The other consideration is sharing the pet’s expenses. Pet food is one thing, and in and of itself isn’t cheap. But what about medical expenses? Are the parties going to equally share in those expenses? Are the parties going to agree to communicate and consult with each other regarding the animal’s emergency and non-emergency medical care? What about the end of life decision? The parties have to have a clearly written contract between them to address these issues. As with human children, addressing those difficult topics before a disagreement arises is key.

 

Listening to Your Needs to Resolve Your Case

Part of any dissolution of marriage case involves dealing with dividing personal property – even those things that you may not consider to be personal property. If you are going through a dis- solution of marriage or have questions about personal property items, please contact an experienced family law attorney.

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 attorneys of Duenas Eden Law we are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law Attorneys servicing Laveen, Ahwatukee, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

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 2014 edition of Ocotillo Living

How to Talk to your Children about Divorce

| Divorce Legally Speaking | April 8, 2020

Children are very Inquisitive

“Does Timmy have two dads?” “Does he have two moms?” Have you heard these questions from the mouths of young children? If so, perhaps you have struggled with how to discuss a dissolution of marriage with your children and explain about friends’ families. Or, maybe you are concerned about discussing your own situation with your children. Maybe the question you’re getting is “Why doesn’t mommy live with me all the time?” or “Why do I have two homes?”

Little children are great at asking questions about anything and everything.  Sometimes parents have the answers, but oftentimes they don’t.

 

The So-Called “Non-Traditional” Family

While, I am not a child psychologist or counselor, I see this situation over and over as a family law attorney. If this is your situation, meaning if you are the one with a so-called “non-traditional” family, generally children will respond to the situation as it is presented to them. If this is the new norm and they are okay and loved by all, they will usually be okay. If one parent complains to the child about the child having to go to the other parent’s house, the children are likely to respond in kind.

Most children’s counselors that I talk with discuss that the parents, whether they are together or not, need to present a unified front to the child. A child should not ever be told why the parent’s marriage ended. Children do not ever need to know and should not be involved in their parent’s dissolution of marriage. Children need to know that there is a team of people working to create the very best situation for them – whether it is a team comprised of just the parents or a team of parents and a counselor or psychiatrist. In discussing with counselors, most also opine to me that children should never be told to decide where they want to live. A child’s view of the world is very different than an adult’s. If a child says that s/he wants to live with mom or dad, is it because they think they won’t have to attend school or do homework at that parent’s house? Is it because one parent has more video games than the other? Or, in cases of teenagers, is one parent more lenient with curfew than the other?

 

Having concerns about what is okay to say?

Talk with a child counselor. They are a wealth of information, even if your child does not ultimately see that counselor.Having concerns about what is okay to say? Talk with a child counselor. They are a wealth of information, even if your child does not ultimately see that counselor.

And if it’s your child’s friend who has the blended family, then in my humble opinion, it’s fine to say, “Yes, Timmy has two mommies, two daddies and two houses. Everyone is different and let’s remember that Timmy loves all of his parents!”

 

Consult with an Experienced Family Law Attorney

If you have questions about talking with your children about your particular situation, consult with an experienced family law attorney.

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 attorneys of Duenas Eden Law we are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law Attorneys servicing Laveen, Ahwatukee, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the March 2013 edition of Ocotillo Living

Someone Always Has It Worse Than You – Divorce

| Divorce Legally Speaking | April 1, 2020

There is little I hear in a divorce case that surprises me anymore.

After more than a decade of practicing family law I have heard horror stories of multiple affairs, people hiding money, people giving money away to hide it from their spouse, parents refusing to pay child support, parents refusing to return children to the other parent, parents making completely outlandish allegations against the other parent, charging up thousands of dollars of debt without the other person’s knowledge and so on.

But, even I had to laugh when a link circulated Facebook from Huffington Post titled “9 Divorce Stories Too Ridiculous to Make Up.” It was originally posted on the Huffington Post website on 3/21/14 (www.huffingtonpost.com).

Some of my favorites include a couple taking two hours with two attorneys and a mediator all billing to decide who should receive the approximately $40 worth of groceries in the fridge; Jewish parents arguing for three hours over who has the children on Christmas Day; and a couple arguing over a massage chair. Does this sound absurd to you? Rightly or wrongly, to the people who were arguing, these issues were not absurd. Sometimes one (or both) parties to a dissolution will argue just to be difficult, to take a contrary position to the other person,just to cost the other person money.

 

Improper Purposes

There are people who use the legal process, including a dissolution of marriage case, for improper purposes. If the judge assigned to the case believes that one party has taken unreasonable positions in the case, the judge may order that party to pay for the other person’s attorney’s fees. However, there are no guarantees, in any case, that a judge will issue this order. The more egregious the position taken or action taken, the higher the likelihood of obtaining an order. However, this may not immediately help the person who is forced to defend against false allegations or absurd positions. And, the judge may always find that the other party has also taken unreasonable positions on things.

Although as I said at the beginning of this article that there is little that surprises me in dissolution of marriage cases, that doesn’t mean that I still don’t shake my head when I hear certain things that a party has done. I may not be surprised, but I always hold out hope for basic human decency by the parties (and attorneys) in cases. Most of the time I am correct, but every now and again I’m disappointed. My clients repeatedly hear me advise them to take the high road. They’re much better off that way and hopefully sleep better at night.

 

Have an Experienced Family Law Attorney on Your Side

Going through any type of family law case is stressful – emotionally and financially. It is important to have an experienced family law attorney on your side to help you navigate through the case and bring it to resolution in a timely and without breaking the bank. At Duenas Eden Law, PLC we focus primarily on family law cases and resolving a case quickly, easily and cost-effectively. Your attorney should have experience with whatever issue arises in your case. And, hopefully your case doesn’t end up on The Huffington Post!

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 attorneys of Duenas Eden Law we are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law Attorneys servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the May 2014 edition of Ocotillo Living

Challenging Times and Family Law (Divorce, Child Custody, Assets)

| Attorneys at Law Family Law | March 25, 2020

In Times of Challenge

Sometimes couples are pushed to their limits in times of crisis. Many times, we are glad to say, they come out stronger and better together in the end. However not every couple does well under pressure, whether it be financial struggle and uncertainty, health problems or social challenges. Unfortunately with the current pandemic, we are starting to see all of those challenges coming together at once.

Financial Struggle

Let’s face it, the current financial situation in the country, and world, hit us like a ton of bricks with relatively little warning. Governments and the private sector needed to act swiftly and as a result some of us got caught in the mix without warning. Working from home, reduced hours, furloughs, and yes even permanent closures of businesses resulting in workers being laid off, have rapidly increased the financial uncertainty and stress on families. With congress announcing “stimulus packages” and what to do to come out of this financial crisis, many of us remember vividly the last time we, as a county, were in a similar situation financially. We strongly encourage couples to seek advice from professionals at this time. Financial professionals such as financial planners, CPA’s and even other legal professionals that have seen and been through this before can offer advice to hopefully allow couples and families to come out of this stronger. We also encourage those that have recently been through a divorce, child custody, spousal maintenance proceedings or other family law related issues to contact a family law attorney to discuss and review the financial arrangements and obligations in this current financial atmosphere and to make sure you and your assets are protected.

Health Problems

Please let us be clear, we are not medical doctors and we are not offering any medical advice in this article. However, we are sharing with you that health problems within a family sometimes rise to the level of the need for family law legal advice. Health concerns, whether it be personal or regarding a spouse or family member, can cause stress and friction within a relationship. As with the preceding paragraph, we strongly encourage you to seek out advice from licenced professionals and counselors regarding this matter. Medical doctors, therapists and counselors can help give better clarity regarding theses matters.  If there are legal questions that arise, please seek out the advice from an attorney to help guide and direct you with regards to the legal matters.

Social Challenges

With the term “Social Distancing” entering into our common vernacular, along with “stay-at-home” orders and “self quarantines”, we are entering a time that can challenge the very nature of what makes us human. It has become natural for us to socialize and gather with like-minded individuals. Without social interactions, courtships and gatherings the very idea of “coupling” or marriage may not have even formed. Even after family relationships are forged, we are still naturally social beings and we seek direct and close social engagement not only with our spouses and families, but others as well. As a result of some of the directives in social distancing and self quarantining, some may now feel “trapped” or “cut off” from their normal lives. And even as this opportunity gives us a time as couples and families to be together, some may feel overwhelmed. A spouse that is “always there” may not be the most ideal family situation and may lead to further discord. Once again seek advice from professionals that can assist in this regard and if there is a need for advice from a family law attorney, please reach out and gain insight and direction.

What We can All Agree on

We’re sure what we can all come to an agreement on is that we would like this current pandemic to end. As we all do our part we know that we will become stronger in certain regards and that the current situation will not be “forever”. We want you to know that we are here for you in this trying time. If you have any legal questions regarding your current family arrangement or are seeking advice for the future, please call our office at (480) 285-1735. We are Duenas Eden Law, PLC and we are trusted family law attorneys focusing on family law related issues including; divorce, child custody cases, child support, spousal support, same-sex legal issues and other family law matters servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.


Keeping the Kids Busy While at Home

| Child Custody Family Law | March 20, 2020

Schools Closed and Kids are at Home

With the recent COVID-19 precautions, many of our children are home from school. This can cause some anxiety for children and parents alike. We will share with you some ideas to help in this uncertain time.

Your Parenting Plan

No matter your marital status, if you have children you need a parenting plan to handle emergencies and unexpected situations such as this. For separated and divorced parents this may be an especially trying time to balance work and finances, caring for your child(ren), the health and safety for you and your child(ren) as well as honoring specific child custody agreements and parenting plans. With regards to the legal and family law issues that may arise, we strongly advise you to speak with our attorneys to help guide you in this time and assist in matters if legal advise and action is necessary.

Keeping Your Child(ren) Busy While at Home

We will share with you some ideas on how to occupy your child(ren)’s time, focus and energy while they are now “stuck at home”.

  • The ever Infamous School Work

    • With kids out of school, during what would normally be considered a normal school schedule, many school districts and teachers are providing “at home learning” packets or study guides to assist in keeping the students up-to-date and help re-enforce what they have already learned.  Some schools and teachers are even working “virtually” with classes as well as providing online materials and resources.
  • “Spring Cleaning”

    • Your child(ren) could assist in cleaning and organizing around the house. This could be as simple as your child(ren) going through their room and cleaning, organizing and throwing away old and unimportant items. Creating a “Spring Cleaning Bingo Card” can help turn it in to a fun game.
  • In-Home Scavenger Hunts

    • This is good activity for young and old children alike. Whether the items are hidden or commonly found around the house, this can be a fun activity together or independently.
  •   “Recess Time”

    • If possible, go outside. Being cooped up at home can create a bit of anxiety for both adults and children. Some call this “Cabin Fever”. Be sure to schedule some “recess time” to get outside.

Share with us some of your Ideas on our Facebook Page

Let us and others know what is working for you and share your ideas on keeping yourself and your child(ren) busy during this time. Visit our Facebook page at https://www.facebook.com/duenasedenlaw/ to share your ideas.

If you are in need of Legal Advice or Assistance in this time, we are Available

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. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law and Child Custody Lawyers servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert.


Something Has Changed…Modifying a Decree of Dissolution of Marriage (Maybe) – Divorce

| Alimony / Spousal Maintenance Attorneys at Law Child Support Divorce Legally Speaking | March 11, 2020

What is a Divorce Decree?

In the ever-changing society we live, people are filled with reasons why they want to modify some portion of their divorce decree. There are things that can be changed and things that cannot.

Perhaps I should back up and explain what is in a divorce decree. When two people get divorced or dissolve their marriage, they are supposed to divide their assets (house, vehicles, bank accounts, retirement accounts, etc.) and their liabilities (credit card debt, student loans, vehicle loans, etc.) between them. There must also be orders about their children, child support and spousal maintenance.

Can I get a “Do-Over” in Division of Property or Debt?

Usually, after the divorce decree has been signed, the court will not modify property and debt division. There may be certain circumstances when these things may be revisited and modified, but generally speaking, a party does not get a “do-over” if they received or negotiated a bad property deal.

Decree Changes Regarding Children

Unlike property and debt division, anything related to children – custody, parenting time and child support are always modifiable upon a showing of a substantial and continuing change in circumstances or a showing that it is in the child’s best interest. Which one depends on the situation? Why are people able to change these orders? Because children and their needs are ever changing, orders must be as well.

Spousal Maintenance (Alimony) Changes

Spousal maintenance or alimony may be modified depending on the situation, such as if a spouse has changed employment, finished schooling or something else which results in a change in income. If the parties agree, they may make the spousal maintenance unable to be modified.

Modifying a Court Order

So how does one go about modifying a court order? If it relates to children, the parties can participate in mediation through the court and if an agreement is reached, oftentimes the mediator will prepare the necessary paperwork to reflect the agreement. If an agreement cannot be reached, then one person has to file a request to modify through the court. It is a lengthy process that may take a few months or more to resolve. Emergency modifications are usually limited to very narrow and discrete situations, which would have to be the topic of another article.

The failure of one parent to plan accordingly does not create an emergency situation – i.e., if a parent wants to modify a child’s school, the time to request such a modification is not right before school starts.

Questions? Consult with a Family Law Attorney at Duenas Eden Law

If you have questions about whether you are able to modify an existing family court order, you should consult with a family law attorney.

If you would like do discuss further, please contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law and Child Custody Lawyers servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the September 2012 edition of Ocotillo Living

What’s a Parenting Plan? (Family Law, Child Custody)

| Child Custody Divorce Legally Speaking | March 4, 2020

Avoid Disputes

Don’t involve the police in parenting exchanges. Do not go to court every time there is a disagreement with the child’s other parent. A parenting plan is designed to try to do all of those things, and more. A well thought-out and well-drafted parenting plan will become a very helpful document to parents in a situation where a child spends time with both parents.

 

What Should a Parenting Plan Address?

Specifically, a parenting plan should address daily parenting time, such as when little Johnny or Susie will be with mom and when the child will be with dad. Details are important – such as the days of exchanges, times of exchanges and where exchanges occur. Things such as who may transport the child and who is supposed to drive for parenting time are things that people often spend a lot of time and money fighting over. Many people use school as the exchange location to avoid having to see one another.

 

Holidays

Holidays are another important issue to discuss. Each family has holidays that are more important to them than others. If a holiday or specific day is important, it should be addressed. This includes defining the time of the holiday – i.e., is Thanksgiving just on Thursday for a specific time or does it encompass the entire weekend from Wednesday after school until Monday morning when school starts again? If a holiday is not important, it does not need to be discussed. Many parents try to limit changes to the parenting schedule and may not include every federal or state holiday in their plan.

 

Extracurricular Activities

How are extracurricular activities going to be divided? It may seem like a great idea to share equally in all extracurricular activities until the other parent decides to sign a child up for an expensive activity or one to which the other party objects.

 

Take the Time to Talk with a Family Law Attorney

Time spent discussing parenting plans is usually well spent. Few relish in the thought of returning to court to address issues that were not appropriately described the first time. Although it may be very difficult to imagine the child spending a holiday or regular day with the other parent, it is worse to be arguing over a particular holiday days or hours before the holiday begins. Take the time to talk with a family law attorney to discuss the importance of a detailed parenting plan.

If you would like do discuss further, please contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. We are Family Law and Child Custody Lawyers servicing Ahwatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the October 2012 edition of Ocotillo Living

The Downside of Social Media (Family Law, Divorce & Child Custody)

| Child Custody Divorce Legally Speaking | February 24, 2020

Facebook Leads to Bigamy Arrest

The headline read something like that a few years ago in the newspaper which, being a divorce attorney, caught my attention. A man had been married, separated from his first wife, changed his name, moved and a few years later married a second time. If you are on Facebook, you know that it will suggest people you may know based on location, friends, groups, etc. Apparently, Facebook suggested to wife #2 that she “friend” wife #1 because they may know each other. Somehow wife #2 realized this was wife #1 and then discovered it was not ex-wife #1! The police were called and husband now faces bigamy charges. Oh, the powers of the internet and social networking.

Facebook creates relationships and, apparently, destroys others. In this age of social media, people are finding long-lost loves and friends. I am hearing more and more people say, “Facebook ruined my marriage.”

Can Your Social Media be Used in Court?

Arizona is a no-fault state, meaning that under the law, a spouse does not need to prove that they are entitled to a divorce. Wrongdoing (such as an affair) during a marriage rarely is considered by the court, except in certain circumstances. However, Facebook entries are becoming increasingly relevant in child custody cases, such as when one parent is trying to prove the other has a drinking problem. What may seem like an innocent/ funny status update of “out with friends at the bar until 3 a.m., so drunk I forgot to take out my contacts before I passed out” or something similar may be used against that parent in court. Or, of your 500+ “friends” one may try to take advantage of an empty house when you say, “heading to the airport to leave for the Bahamas for 2 weeks!” Be careful of what you post and when you “check-in” places – it’s like leaving your garage door open with a big sign that says, “I’m not home, come take what you want!”

Bottom Line – Social Media is Not “Private”

Facebook [or any other social media] is not private. Even with privacy settings, if it’s posted online, what you post or who you friend may come back to haunt you!

 

When to Talk with an Attorney?

If you are facing a divorce or child custody case and have questions, contact the Family Law Attorneys at Duenas Eden Law, PLC. We are experienced and trusted lawyers focusing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Divorce and Family Law in Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the May 2012 edition of Ocotillo Living

Child Custody Questions: Who Gets to Enroll the Kids in School?

| Child Custody Legally Speaking | February 18, 2020

Child Custody and School Enrollment

We know it may seem early for such a question, but with notices already going out to prepare for school enrollment for next year, we felt this is a very important question to get on early. We hear comments like: “She moved to a new district,” “I don’t like his home school,” “We have to enroll the child(ren) in school for the fall and I don’t know who gets to do that,” “I want to change schools.”

 

Child Custody; Sole or Joint

Generally, there are two types of custody – sole and joint. Sole means that one person has decision-making authority over big decisions that the court designates, such as education, nonemergency medical care and religion. Joint custody means that the parties share in that decision-making process, with the intention of the parties actually talking, listening, respecting one another and coming to a decision together that is in their child’s best interest. Do I sound cynical? Perhaps it’s because for many people, if they could talk, listen and respect one-another, they wouldn’t be involved in a custody battle to begin with!

Then there is a hybrid – joint custody with one parent having final decision-making. Here, the parties are supposed to talk, listen, respect, etc. and then one person ultimately has final say. So based on the above, who enrolls the child(ren)? It depends. Attorneys are famous for using those two words. It depends on the custody, primary residential parent, where have the children historically attended school, and where the parents live, among just some of the considerations. Again, the best way to determine your status is to contact a qualified family law attorney to discuss your individual circumstances.

 

Talk with an Experienced Family Law Attorney

If you are involved in a child custody dispute, are getting divorced or simply unsure of who has the legal authority to enroll your child or children in school for the upcoming school year, then you need to talk with an experienced family law attorney.

At Duenas Eden Law, PLC we are qualified and experienced attorneys focsing on Family Law including; Divorce, Child Custody Cases, Child Support, Spousal Support, Same-Sex Legal Issues and other Family Law matters. Serving Maricopa County including Phoenix, Ahawatukee, Laveen, Tempe, Chandler, Mesa and Gilbert. Trust the Family Law Attorneys of Duenas Eden Law, PLC. Call today: (480) 285-1735.

Dorian Eden Attorney at Law Duenas Eden Law Family Law Ahwatukee AZ
By Dorian L. Eden
Adapted from the original published article in the July 2012 edition of Ocotillo Living

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