Duenas Eden Law Family Law Attorneys in Phoenix, AZ

| Attorneys at Law Family Law Firm News | October 26, 2020

We are attorneys Amy Duenas and Dorian Eden

We help our clients most by focusing on solutions to our clients’ problems in life. To do that, we provide clients with a superior personalized legal experience in a wide variety of family matters, including divorce, marital agreements, maintenance and more. Personalized representation means we take the time to get to know you. By listening to your story, we learn the facts of your case and your goals. We use that information as lawyers to advise you strategically, helping you understand your legal options and then choosing from those options intelligently. You can count on us to provide you with the candid guidance you need in order make your choices.

Family Law

Family problems are uniquely personal, of course. For that reason, we work with you closely as your lawyer. By getting to know you, we learn about your concerns and how you envision your future. With that information in hand, we begin crafting legal guidance that is custom-tailored to your circumstances. We also emphasize extensive communication with you. We keep in constant touch so you always know where your case stands and any recent developments.

What Does Family Law Cover?

You will be able to rely on our nearly three decades of experienced legal judgment as attorneys to help you make your decisions. We can help you choose from those options wisely in a wide variety of family matters, including:

In doing so, we will speak candidly with you. We give you my honest opinion so you know exactly where your situation stands.

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 Chandler, Laveen, Tempe, Ahwatukee, Gilbert, Mesa and San Tan Valley. Call to schedule your consultation today: (480) 285-1735.

Duenas Eden remains open and available to help during these trying times. We are back in the office and offering videoconferencing appointments as much as possible. Per CDC guidelines, we are wearing masks and request that anyone visiting our offices do so as well. If you feel ill, please let us know and we will be happy to reschedule your appointment.


October is Domestic Violence Awareness Month

| Family Law | October 12, 2020

What is domestic violence?

The state of Arizona in a resource booklet on Protective Orders shares the definition as, "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

Domestic Violence Awareness

Domestic Violence Awareness month was created by the National Coalition Against Domestic Violence (NCADV) and began as a single “Day of Unity” in 1981. In 1987 October was officially declared as Domestic Violence Awareness month.

The Alarming Statistics

The NCADV states: "On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men. 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, intimate partner contact sexual violence, and/or intimate partner stalking with impacts such as injury, fearfulness, post-traumatic stress disorder, use of victim services, contraction of sexually transmitted diseases, etc. 1 in 4 women and 1 in 7 men have been victims of severe physical violence (e.g. beating, burning, strangling) by an intimate partner in their lifetime."2

Statistics in Arizona

The NCADV has also prepared in depth state-by-state statistical and informational reports. The 2019 report for Arizona states 3:

  • 36.5% of Arizona women and 27.1% of Arizona men experience intimate partner physical violence, intimate
    partner sexual violence and/or intimate partner stalking.
  • In Arizona, first- and second-time domestic violence offenders are not charged with domestic violence; only
    the third incident is charged as domestic violence. First and second offenders are charged with offenses that
    then have ‘domestic violence flags’ attached.
  • In Arizona in 2010, law enforcement made 25,376 domestic violence-flagged arrests, an increase of 17.8%
    over arrests in 2001. Many other incidents were not reported to police or did not end in arrests.
  • Between 2001 and 2010, when controlling for population, arrests for domestic violence aggravated assault
    increased 82%.
  • The most common sentence for a perpetrator convicted of aggravated domestic violence (third offense) was
    probation.
  • There were 109 domestic violence-related deaths in Arizona in 2014.
  • In 2012, Arizona ranked 8th in the nation in femicides per capita.
  • As of December 31, 2015, Arizona had submitted two misdemeanor domestic violence records and no
    protective order records to the NICS Index.

Speak Out. Protect Yourself. Seek Help.

Join together this month and everyday in unity to stop domestic violence. Get to know the warning signs of an abusive relationship as well as other information regarding domestic violence. The National Coalition Against Domestic Violence (ncadv.org) is a powerful organization and resource. In addition, there are many other national and local organizations and resources available online. Furthermore domestic violence help and resources are readily available at most healthcare and emergency services locations such as police and fire stations.

Protective orders, otherwise known as restraining orders, are available to those that may be experiencing domestic violence or abuse. An Order of Protection prohibits a person from coming near a home, work site, school, or other locations listed on the court order and provides you with legal recourse for one year if the person who is served violates the order. For additional information regarding protective orders please view our article entitled "Orders of Protection and What do they Do?"

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 options such as orders of protection, legal separation, divorce or child custody, 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 Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley.

Duenas Eden remains open and available to help during these trying times. We are back in the office and offering videoconferencing appointments as much as possible. Per CDC guidelines, we are wearing masks and request that anyone visiting our offices do so as well. If you feel ill, please let us know and we will be happy to reschedule your appointment.

Sources

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

2 https://ncadv.org/statistics

3 https://assets.speakcdn.com/assets/2497/arizona_2019.pdf

Additional Information/Resources:

Things You Should Know About Protective Orders booklet (pdf)

The National Coalition Against Domestic Violence (ncadv.org)

City of Phoenix Family Investigations Bureau

City of Phoenix Domestic Violence Resources and Referrals

 

 

 

 


Child Support in Arizona

| Child Support Family Law | September 28, 2020

What is Child Support?

In simple terms, child support is financial assistance paid or received by one or both of the parents for the custodial expenses and care for the child(ren). For a more detailed answer we will refer to: A.R.S. § 25-320(A): "In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct."

How is Child Support Calculated?

There are forms and calculations that help determine the amount considered. Some people think that the child support calculation is based solely on the child(ren)'s need of care or expenses. In reality there are many factors that are considered. As we continue to examine A.R.S. § 25-320, subsection D states:

 

D. The supreme court shall establish guidelines for determining the amount of child support.  The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case.  The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, considered together and weighed in conjunction with each other, including:

1. The financial resources and needs of the child.

2. The financial resources and needs of the custodial parent.

3. The standard of living the child would have enjoyed if the child lived in an intact home with both parents to the extent it is economically feasible considering the resources of each parent and each parent's need to maintain a home and to provide support for the child when the child is with that parent.

4. The physical and emotional condition of the child, and the child's educational needs.

5. The financial resources and needs of the noncustodial parent.

6. The medical support plan for the child.  The plan should include the child's medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary.

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

8. The duration of parenting time and related expenses.

Are Child Support Orders only Valid for Minor Children?

Although it is typical that child support orders are valid until a child is 18, there are other factors that may prolong the order beyond the child's 18th birthday.  This may include a child that is still in high school past the age of 18 as well as children with disabilities. Subsections E and F delve specifically into this matter:

E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:

1. The court has considered the factors prescribed in subsection D of this section.

2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.

3. The child's disability began before the child reached the age of majority.

F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section.  Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.

Can Child Support be Retroactive?

Yes, and once again the statute shares specific information regarding this matter. A.R.S. § 25-320 (B)(C):

B. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law.

C. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid.

So Where do I Start?

We often suggest that it is always good to start by speaking with an experienced divorce and family law attorney first. This will allow for the lawyer to assist you in the next steps including the gathering of any necessary information and paperwork as well to help in preparing petitions or other legal items.

At Duenas Eden Law, we are experienced and trusted divorce and family law attorneys in Phoenix, Arizona. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Chandler, Tempe, Laveen, Mesa, Gilbert and San Tan Valley in child support and other family law matters. Call today: (480) 285-1735.

Duenas Eden remains open and available to help during these trying times. We are back in the office and offering videoconferencing appointments as much as possible. Per CDC guidelines, we are wearing masks and request that anyone visiting our offices do so as well. If you feel ill, please let us know and we will be happy to reschedule your appointment.

Sources:
https://www.azleg.gov/ars/13/01302.htm


Top Rated Attorney by Martindale-Hubbell®

| Attorneys at Law Family Law Firm News | September 15, 2020

Martindale-Hubbell®   The Gold Standard in Attorney Ratings

Since 1887 “Martindale-Hubbell® Peer Review Ratings™ recognize lawyers for their strong legal ability and high ethical standards. Individuals seeking legal counsel, as well as attorneys looking to refer a colleague, use these ratings to identify, evaluate and select the most appropriate lawyer. An elite group of approximately 10 percent of all attorneys holds an AV Preeminent Rating, a designation trusted worldwide by buyers and referrers of legal services.”1

AV Preeminent®   The Highest Peer Review Rating

An “AV” rating by Martindale-Hubbell® means that “the attorney had reached the highest of professional excellence and is recognized for the highest levels of skill and integrity.” The rating description continues, “This is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.”2 This rating is given only to an elite group of approximately 10 percent of all attorneys, and is trusted worldwide.2

Dorian L. Eden Rated AV Preeminent®

Attorney Dorian L. Eden, Partner of Duenas Eden Law PLC, has been awarded this highest peer review mark by Martindale-Hubbell® for 8 years in a row (2012-2020).3 What this means for you as a client of the law firm of Duenas Eden is that you receive the highest attention, dedication and communication in your family law matter. Whether it be divorce, child custody, adoption, child support, spousal maintenance, same-sex legal matters or any other family law issue, our attorneys will work with you directly and stand by you in court for the best outcome in your situation.

At Duenas Eden Law, we are trusted and experienced family law attorneys serving the Chandler, Tempe and Phoenix area. Our Office in the Ahwatukee. Whether you live in Laveen, Ocotillo, Chandler, Tempe, Phoenix, Mesa, Gilbert or San Tan Valley we can assist you in your family law case Call today: (480) 285-1735.

Duenas Eden remains open and available to help during these trying times. We are back in the office and offering videoconferencing appointments as much as possible. Per CDC guidelines, we are wearing masks and request that anyone visiting our offices do so as well. If you feel ill, please let us know and we will be happy to reschedule your appointment.

 

 

Sources:
1 https://www.martindale.com/ratings-and-reviews/
2 https://www.martindale.com/marketyourfirm/
3 https://www.martindale.com/attorney/ms-dorian-l-eden-2725295/

The service marks used in this article are used in accordance with the licensing description of Martindale-Hubbell®.
Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.


Custodial Interference

| Child Custody Family Law | September 1, 2020

Custodial interference can simply be annoying to downright criminal and dangerous. This article will share with you some of the examples of custodial interference as well as the legal statues.

What is custodial interference?

A.R.S. § 13-1302 (A) states:

A. A person commits custodial interference if, knowing or having reason to know that the person has no legal right to do so, the person does one of the following:

1. Takes, entices or keeps from lawful custody any child, or any person who is incompetent, and who is entrusted by authority of law to the custody of another person or institution.

2. Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child.

3. If the person is one of two persons who have joint legal custody of a child, takes, entices or withholds from physical custody the child from the other custodian.

4. At the expiration of access rights outside this state, intentionally fails or refuses to return or impedes the return of a child to the lawful custodian.

Some examples regarding the above would consist of:

  • A parent refuses the other parent to see or have access to the child, prior to the official custodial court order.
  • A parent refusing to bring a child back from allotted and scheduled parenting time.
  • Refusing court ordered parenting time to the other parent.
  • Taking the child when it is not that parents time and specifically without permission of the scheduled parent.
  • Constant issues with bringing the child back in a timely manner after scheduled parenting time is over.

Who has custody when the child is born out of wedlock?

Pursuant to A.R.S. § 13-1302 (B):

B. If a child is born out of wedlock, the mother is the legal custodian of the child for the purposes of this section until paternity is established and custody or access is determined by a court.

Is custodial interference punishable under the law?

The answer is an emphatic "yes". As mentioned in A.R.S. § 13-1302 (E):

E. A violation of this section is:

1. A class 3 felony if committed by a person other than the parent or agent of the parent or custodian or agent of the custodian.

2. Notwithstanding paragraph 3 of this subsection, a class 4 felony if the child or incompetent person is taken, enticed or kept from lawful custody out of this state by the parent or agent of the parent or custodian or the agent of the custodian.

3. A class 6 felony if committed by a parent or agent of the parent or custodian or agent of the custodian.

4. A class 1 misdemeanor if the child or incompetent person is voluntarily returned without physical injury by the parent or defendant or the agent of the parent or defendant no later than forty-eight hours after the parent or defendant takes, entices or keeps from lawful custody the child or incompetent person.

Is there any defense regarding custodial interference?

Yes, and once again the statute shares when there may be defensible actions in a custodial interference case A.R.S. § 13-1302 (B):

C. It is a defense to a prosecution pursuant to subsection A, paragraph 2 if both of the following apply:

1. The defendant has begun the process to obtain an order of protection or files a petition for custody within a reasonable period of time and the order of protection or petition states the defendant's belief that the child was at risk if left with the other parent.

2. The defendant is the child's parent and has the right of custody and the defendant either:

(a) Has a good faith and reasonable belief that the taking, enticing or withholding is necessary to protect the child from immediate danger.

(b) Is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

D. Subsection A, paragraphs 2 and 3 do not apply to a person who is the child's parent if both of the following apply:

1. The person has filed an emergency petition regarding custodial rights with the superior court and has received a hearing date from the court.

2. The person has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

So when do I need to speak with an attorney?

We often suggest that it is always good to speak with a family law attorney regarding any custodial action that may require legal or court action. So no matter which side you may fall under, if there is any evidence that custodial interference is taking place we urge you to contact an experienced family law attorney to discuss the best course of action.

At Duenas Eden Law, we are experienced and trusted family law attorneys in Phoenix, Arizona. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Chandler, Tempe, Laveen, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

Duenas Eden remains open and available to help during these trying times. We are back in the office and offering videoconferencing appointments as much as possible. Per CDC guidelines, we are wearing masks and request that anyone visiting our offices do so as well. If you feel ill, please let us know and we will be happy to reschedule your appointment.

Sources:
https://www.azleg.gov/ars/13/01302.htm


Grandparent Rights in Arizona

| Divorce Family Law | August 18, 2020

There are a few reasons for grandparents to seek visitation or custodial rights over grandchildren. In this article we will focus on two main areas pursuant to Arizona Revised Statute 25-409 regarding third party rights. These two areas will be "visitation rights" and "custodial rights".

Visitation Rights

Often times during a marriage that children are born into, the grandparents on both sides are typically welcomed in by both parents. This, for all intents and purposes, is a “visitation” to the minor grandchild. This is typically considered a normal event for most grandparents and is usually handled outside of the courts simply by the permission of the guardian(s) of the child(ren).

This permission of visitation may become strained or even revoked after the parents have divorced or by other events. At this point if it becomes necessary, the grandparent(s) can seek visitation rights by petitioning the courts. A.R.S. § 25-409 C states:

C. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for visitation with a child. The superior court may grant visitation rights during the child's minority on a finding that the visitation is in the child's best interests and that any of the following is true:

1. One of the legal parents is deceased or has been missing at least three months. For the purposes of this paragraph, a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency.

2. The child was born out of wedlock and the child's legal parents are not married to each other at the time the petition is filed.

3. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months.

4. For in loco parentis visitation, a proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

Custodial Rights

Grandparents may also request custodial rights over the minor grandchild. This of course as well as much of A.R.S. § 25-409 is themed in the “child’s best interest” and the petitioning party must supply evidence of that statement. These custodial rights may include legal decision making for the minor grandchild and/or physical placement of the minor child.

A.R.S. § 25-409 A-B states:

A. Pursuant to section 25-402, subsection B, paragraph 2, a person other than a legal parent may petition the superior court for legal decision-making authority or placement of the child. The court shall summarily deny a petition unless it finds that the petitioner's initial pleading establishes that all of the following are true:

1. The person filing the petition stands in loco parentis to the child.

2. It would be significantly detrimental to the child to remain or be placed in the care of either legal parent who wishes to keep or acquire legal decision-making.

3. A court of competent jurisdiction has not entered or approved an order concerning legal decision-making or parenting time within one year before the person filed a petition pursuant to this section, unless there is reason to believe the child's present environment may seriously endanger the child's physical, mental, moral or emotional health.

4. One of the following applies:

(a) One of the legal parents is deceased.

(b) The child's legal parents are not married to each other at the time the petition is filed.

(c) A proceeding for dissolution of marriage or for legal separation of the legal parents is pending at the time the petition is filed.

B. Notwithstanding subsection A of this section, it is a rebuttable presumption that awarding legal decision-making to a legal parent serves the child's best interests because of the physical, psychological and emotional needs of the child to be reared by a legal parent. A third party may rebut this presumption only with proof showing by clear and convincing evidence that awarding legal decision-making to a legal parent is not consistent with the child's best interests.

D. A petition filed under subsection A or C of this section must be verified or supported by affidavit and must include detailed facts supporting the petitioner's claim. The petitioner must also provide notice of this proceeding, including a copy of the petition and any affidavits or other attachments, and serve the notice pursuant to the Arizona rules of family law procedure to all of the following:

1. The child's legal parents.

2. A third party who possesses legal decision-making authority over the child or visitation rights.

3. The child's guardian or guardian ad litem.

4. A person or agency that possesses physical custody of the child or claims legal decision-making authority or visitation rights concerning the child.

5. Any other person or agency that has previously appeared in the action.

E. In deciding whether to grant visitation to a third party, the court shall give special weight to the legal parents' opinion of what serves their child's best interests and consider all relevant factors including:

1. The historical relationship, if any, between the child and the person seeking visitation.

2. The motivation of the requesting party seeking visitation.

3. The motivation of the person objecting to visitation.

4. The quantity of visitation time requested and the potential adverse impact that visitation will have on the child's customary activities.

5. If one or both of the child's parents are deceased, the benefit in maintaining an extended family relationship.

F. If logistically possible and appropriate, the court shall order visitation by a grandparent or great-grandparent if the child is residing or spending time with the parent through whom the grandparent or great-grandparent claims a right of access to the child.

G. A grandparent or great-grandparent seeking visitation rights under this section shall petition in the same action in which the family court previously decided legal decision-making and parenting time or, if no such case existed, by separate petition in the county of the child's home state, as defined in section 25-1002.

H. All visitation rights granted under this section automatically terminate if the child is adopted or placed for adoption. If the child is removed from an adoptive placement, the court may reinstate the visitation rights. This subsection does not apply if the child is adopted by the spouse of a natural parent after the natural parent remarries.

Speak with an Experienced Family Law Attorney

If you are a grandparent seeking visitation or custodial rights of your grandchild(ren) it is imperative that you consult with a trusted and experienced family law attorney. We are the family law attorneys of Duenas Eden Law, in Phoenix, Arizona. We will discuss with you the options and procedures to petition the court for your custodial or visitation rights. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

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

Sources:
https://www.azleg.gov/ars/25/00409.htm


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.


Divorce

| Divorce Family Law | July 15, 2020

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

What is divorce?

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

 

Emotions in a Divorce

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

 

Financial Factors or Assets in a Divorce

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

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

 

Children in a Divorce

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

You Are Not Alone

For some, divorce is difficult and may feel like you are left all alone; you are not! We will be your attorney, advocate and friend in this difficult time. We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help and guide you in your divorce. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

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


Spousal Maintenance (Alimony) in Arizona

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

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

What is Spousal Maintenance?

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

What is the Eligibility for Spousal Maintenance?

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

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

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

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

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

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

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

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

1. The standard of living established during the marriage.

2. The duration of the marriage.

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

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

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

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

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

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

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

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

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

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

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

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

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

Seasoned Legal Representation Pursuing Your Fair Treatment

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

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

We are the Attorneys of Duenas Eden Law, in Phoenix, Arizona. We will work with you one-on-one as your lawyer to help you get the fair treatment you deserve when spousal maintenance is at stake, whether you receive it or pay it. In doing so, we place the emphasis where it belongs: On resolving conflict. We will work together to find the best solution for your needs, whether that solution means negotiation and settlement (as it often does) or going to court where necessary to protect your rights. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley. Call today: (480) 285-1735.

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

Sources:

1 https://en.wikipedia.org/wiki/Alimony

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

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


Orders of Protection and What do they Do?

| Family Law | July 2, 2020

Why would you Need a Protective Order?

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

Types of Orders of Protection

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

Orders of Protection

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

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

Injunction Against Harassment

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

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

Types of Harassment and Domestic Violence

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

What A Protective Order Does

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

What It Does Not Do

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

What to do Now?

If you feel you are in immediate and eminent danger call 911. If you feel that there is no immediate danger and would like to discuss your options with a qualified family law attorney, we invite you to give us a call to schedule a consultation: (480) 285-1735. We are the family law attorneys of Duenas Eden Law, PLC. We will consult, guide and advocate on your behalf in your family law matter. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley.

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

Sources

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

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

Additional Information:

Things You Should Know About Protective Orders booklet (pdf)

 

 

 


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.


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

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