What is discovery?
The Arizona Rules of Family Law Procedure refer to the gathering of evidence as “disclosure and discovery.” Discovery procedures involve the formalized exchange of information in the context of litigation, as with a divorce. Generally speaking, any information that is relevant, or that would lead to relevant information, may be discovered. Through discovery, each party [...]
What is the meaning of transmutation of property?
To transmute property means to convert it into another form. The transmutation of separate property means converting what started as separate property into community property. The methods of transmuting separate property into community property are easily understood. Transmutation can be accomplished by agreement between the spouses, by gift from the owning spouse to the community, [...]
Am I entitled to a portion of my spouse’s retirement benefits?
Yes, if the retirement benefits are derived from wages earned during the marriage. Wages are considered to be community property and subject to division in a divorce. Each party’s deferred employment compensation in the form of a qualified pension, 401k, or IRA, is community property and must be divided. The pension division is accomplished with [...]
I have a lot of valuable assets, how will the court distribute my property in the divorce?
The character of property is not always obvious and the value of the property must be established. If yours is a high-asset divorce case, then it is very likely that some litigation may be involved to determine the character and value of certain assets. To establish asset valuation in complex cases, we use qualified experts [...]
My military spouse has a pension, will that be divided in the divorce?
Yes. But before military retirement benefits may be divided, the Arizona court must establish jurisdiction over the pension. Jurisdiction over the military pension is established consensually when the service member is the petitioner in the divorce. If the military member didn’t file the petition, but consents to jurisdiction by responding to the petition, then jurisdiction [...]
Should I be concerned about posting to my social media websites during the divorce?
Both parties to a divorce are under heightened scrutiny. Therefore, anything that you post online can and will be used against you in court. Social media evidence will be gathered and used to undermine your credibility with the judge and any child custody evaluator. This evidence may be used to establish your lack of credibility [...]
