What is Community and Separate Property? 

Arizona is a community property state. Community property is property that is acquired by either spouse during the marriage, except for property acquired by gift, inheritance, or as income from property owned prior to the marriage, or property acquired after the community is terminated. In a divorce, the community and jointly owned property is divided equitably. Any property owned by either spouse prior to marriage, or acquired by gift or inheritance, or after the community is terminated, is generally considered to be that spouse’s separate property, and with a few exceptions, will not be divided by the court in the divorce.

Debts incurred during the marriage are also generally (with a few exceptions) considered to be community debts that both parties are responsible for, even if only one spouse incurred the debt. The parties may agree on an allocation of community debts, or the judge will decide; however, both spouses may still be liable to the creditor for that debt since the creditors are not parties to the divorce action.
 

Issues regarding community and separate property are complicated and can cost you money if evaluated improperly. Contact our experienced attorneys at Waterfall Economidis to discuss your specific case.

What is Spousal Support (Alimony)?

Spousal Support (also known as alimony in other states) may be ordered for either spouse if that party meets certain requirements under Arizona Revised States §25-319, which are when a spouse:

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.


If the court determines that a party is entitled to spousal maintenance, the amount and duration of spousal maintenance, is determined, without regard to marital misconduct, and by looking at the following factors under A.R.S. § 25-319(B):

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 results in criminal conviction of either spouse in which the other spouse or child was the victim.

In determining the appropriate amount of spousal maintenance, the court does not consider why the marriage ended, or who was at fault.

The experienced attorneys at Waterfall Economidis will help guide you through the process of requesting spousal maintenance or defending against an unreasonable request.

How is child support determined?

Both parents share in the responsibility of providing financial support for the children. In Arizona, child support is determined statute and by application of the Arizona Child Support Guidelines. The Guidelines take into consideration the following information:

• Gross income of the parties

• Medical insurance premiums

• Child Care costs

• The number of parenting days per year the parent paying support will have with the children

• Extraordinary costs (special needs children or extra educational expenses)

• The number of children each parent has

The court will also allocate the dependency tax exemptions and each parent’s share of health, dental and vision expenses not paid by insurance.

A child support order can be modified if there has been a substantial and continuing change in circumstances since the issuance of the existing child support order. This can include a significant increase or decrease of income by either parent, increases or decreases in parenting time, and increased or decreased expenses for child care or health insurance premiums.

The experienced attorneys at Waterfall Economidis can help you navigate child support to ensure that it is properly calculated and takes all relevant factors into consideration.

What happens if one parent needs to relocate or move away from Tucson or Arizona?

After a divorce a family may go through many changes one of which may be a long distance move by one or both parents. There are many reasons for a relocation including a job transfer, new employment, military deployment or transfer, education, or a new spouse. When one parent relocates outside of Tucson many things must be considered including whether the children will be relocating and what the new parenting plan will be.

Relocations can be very a very difficult and complicated process. There are special procedures and requirements that must be followed to request or object to a relocation, including providing proper notice. A moving parent must provide written notice at least forty five days in advance of an intended move and the non-moving party then has thirty days to file an objection. If you or your former spouse is considering relocation outside of Tucson or Pima County, our experienced attorneys can help you navigate the process for requesting or objecting to a relocation.

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What is Collaborative Divorce? 

Collaborative Law is a relatively new process of resolving divorce and other family law related legal disputes without litigation or a court trial and using cooperation and collaboration rather than adversarial techniques. The collaborative process starts with an agreement not to litigate and requires the parties to make a full and open disclosure of all information relevant to reaching a comprehensive resolution. In the Collaborative Law process, the parties are directly represented by attorneys who give advice and counsel to the parties during the negotiations, and are committed to assisting the parties reach their own agreement. In addition, the Collaborative Law process often involves other professional collaborative team members, such as party coaches, financial experts and child specialists who provide advice and consultation to the parties. Collaborative Divorce puts children first by focusing on their needs, creating workable parenting plans and helping diminish the often difficult side effects of divorce on children.

The process of collaboration allows the parties to reach creative resolutions and allows divorcing couples the privacy, safety and freedom to speak their mind, have their voice heard and reach the best resolution for their unique situation. Trained attorneys, while present and involved in every aspect of the process to provide assistance and advice to their clients, empower their clients to reach their own unique resolution, using a team of other trained professionals in financial or child related matters specific to your situation.
 

The Collaborative Law process is designed to reach an agreement without the need for court; however, there are instances where the parties are unable to reach an agreement using this process. Prior to starting the Collaborative Law process the parties and the attorneys sign an agreement that the attorneys who represent the parties in the Collaborative Law process will not represent the parties in litigation or at trial. Thus, if an agreement is not reached in this process, the parties must hire other attorneys to represent them in litigation and trial. This agreement regarding a withdrawal of representation in the event of an inability to reach a resolution provides strong motivation for all parties to commit to collaboration and resolution and to not give up on the process.

At Waterfall Economidis, Lisa Schriner Lewis has undergone training as a Collaborative Attorney and is a member of the Collaborative Law Group of Southern Arizona. If you are interested in learning more about the Collaborative Law services available at Waterfall Economidis please contact us to set up a consultation. If you are interested in learning more about Collaborative Law in general please check out the Collaborative Law Group of Southern Arizona’s website at www.divorcewisely.com.

What are Premarital Agreements and Post Nuptial Agreements? 

A premarital agreement (also called prenuptial agreement or antenuptial agreement), is a contract entered into by a man and a woman before they marry. This agreement will usually identify each party’s rights upon a dissolution (divorce) of their marriage and includes what property each party will receive, the terms, if any, for spousal support (alimony) and may include other provisions.

Arizona follows the Uniform Premarital Agreement Act (UPAA) which allows for a married couple to abrogate or “opt out” of the community property laws of Arizona. It also allows the parties to agree on spousal maintenance provisions (subject to a statutory exception). The agreement must be in writing, and signed by both parties and there must have been a full disclosure of all assets and liabilities.

A Post Nuptial Agreement is a contract entered into between a husband and wife after they are married. This agreement will also usually identify each spouse’s rights and obligations in the event of a divorce, including what property each will receive and what the spousal support provisions will be.
 

The experienced attorneys at Waterfall Economidis can help you determine whether one of these agreements will work for your specific situation and will discuss the benefits and negatives of each type of agreement.

What is an Adult Adoption?

An adult adoption is a procedure through the probate court where an adult may adopt another adult between the ages of eighteen and twenty-one who is a stepchild, niece, nephew, cousin or grandchild of the adopting person. It may also be used when a foster parent has maintained a continuous familial relationship with a foster child for five or more years.