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PHOENIX FAMILY LAW BLOG

The Difference Between Legal and Physical Custody in Arizona

Child custody attorneys in Phoenix, and throughout the State of Arizona, often have to explain the difference between legal and physical custody in this State. Legal custody is now referred to as legal decision making. Physical custody in Arizona is commonly referred to as the child’s primary residence or where the child exercises parenting time. […]

Phoenix Family Law: WHAT HAPPENS IN COURT – FACT vs. TELEVISION FICTION

            As most of us know, there are no lack of courtroom dramas on popular television.  What there is, however, is a lack of knowledge of how different those dramas are from the reality that occurs in a real life courtroom.  Some of the biggest mistakes in a Phoenix family law courtroom, are assuming that […]

CELEBRITY’S EMBRYO DISPUTE OF IMPORTANCE FOR UNMARRIED COUPLES

Unmarried couples in Arizona often face many legal challenges. A recent dispute between popular actress Sofia Vergara and her former fiancé has brought one of those issues into public awareness. Currently, the celebrity actress is now embroiled in a dispute with her millionaire ex-fiancé regarding the custody of some frozen embryos the couple created during […]

RECENT JUDICIAL OPINION IMPORTANT FOR SOME COHABITATING COUPLES

On March 9, the Arizona State Judiciary Ethics Advisory Committee issued a revised version of an earlier opinion that may now improve the lives of many cohabitating couples. The advisory committee issued its opinion that judges who reject same-sex couples for wedding ceremonies may be violating state ethics rules. In particular, the opinion says that […]

DOMESTIC PARTNERSHIP AGREEMENTS ARE STILL IMPORTANT IN ARIZONA

An historic event occurred on Oct. 17, 2014 throughout Arizona. That is the date when Arizona became the 31st state in the nation to legalize the unions of same-sex couples. This is great news for many same-sex couples who had previously lived in domestic partnerships because of their inability to marry. However, not every same-sex couple […]

DOES ARIZONA RECOGNIZE COMMON LAW MARRIAGES?

The definition of marriage has been a hotly debated issue in recent Arizona politics. Perhaps one of the most controversial issue surrounding that debate has been regarding same-sex marriages. Currently, Arizona law only recognizes the legal union of a man and a woman as a legitimate married couple. As spelled out in the state statute, […]

ARE COHABITATING COUPLES ALLOWED TO MAKE A WILL IN ARIZONA?

One of the benefits of marriage is that when one spouse dies, the other spouse is entitled to inherit the property left behind. Currently, under Arizona law unmarried couples are not protected by those same provisions. Each party is considered an individual under probate law regardless of how long they have lived together. Generally, that […]

DOMESTIC PARTNERS PROVIDE STABLE HOME FOR 12 ADOPTED KIDS

Adopting children is no easy task. In addition to the mountain of paperwork which must be completed there are extensive background checks, home studies and a slew of other procedures to ensure the health and safety of the most vulnerable members of our society. With that in mind, it should come as little surprise that […]

COHABITATING COUPLES, CONSULT AN ATTORNEY BEFORE BUYING A HOUSE

One of the most difficult decisions facing many divorcing couples is what to do with their marital residence. A jointly owned home can pose significant logistical and financial challenges regardless of whether one spouse decides to stay or whether the house is sold off and the assets are divided. As you might expect, it is […]

ADOPTING A CHILD AS AN UNMARRIED COUPLE

Earlier this month, we posted a blog entitled “Family law for modern families.” In that post, we noted that the “typical” modern American family does not always include members related by blood or marriage. Family in America is evolving to mean those that one considers to be family. The law is catching up with the […]

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