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


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.


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.


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