Questions and Answers
These are short, simple answers, they do not constitute a full or complete answer as may be necessary for your specific situtation.
Domestic Relations
- DO I NEED GROUNDS TO FILE FOR DIVORCE?
- HOW LONG DOES A DIVORCE TAKE?
- WHAT IS COMMUNITY PROPERTY?
- HOW IS PROPERTY DIVIDED IN A DIVORCE?
- WHAT ABOUT PROPERTY or DEBT INCURRED BEFORE THE MARRIGE?
- AM I LIABLE FOR MY SPOUSE'S DEBTS IF I DIDN'T KNOW ABOUT THEM?
- HOW IS JOINT CHILD CUSTODY HANDLED?
- HOW IS CHILD SUPPORT CALCULATED?
- IS THERE A BENEFIT TO BEING THE FIRST TO FILE FOR DIVORCE?
- WHAT IS AN ANNULMENT?
- WHAT ARE THE GROUNDS TO HAVE A MARRIAGE ANNULLED?
- CAN I GET A COPY OF MY SPOUSE'S CREDIT REPORT?
- I HAVE MORE QUESTIONS, IS THERE ANOTHER WEB SITE WHERE I CAN GET ANSWERS?
Estate Planning
- WHAT IS ESTATE PLANNING?
- WHAT IS THE DIFFERENCE BETWEEN INTESTATE and TESTATE?
- WHAT IS A WILL?
- WHO MAY MAKE A WILL?
- WHO NEEDS A WILL?
- HOW LONG IS A WILL VALID?
- WHAT A TRUST?
- WHAT IS THE DIFFERENCE BETWEEN A REVOCABLE AND IRREVOCABLE TRUST?
- DOES AN ATTORNEY HAVE TO WRITE THE WILL OR THE TRUST?
- WHAT IS:
A. ABSTRACT OF TRUST?
B. AMENDMENTS TO AN EXISTING TRUST?
C. ASSIGNMENT OF PERSONAL EFFECTS?
D. BURIAL INSTRUCTIONS?
E. CERTIFICATE OF TRUST?
F. CORRESPONDENCE RELATING TO THE TRUST?
G. DECLARATION OF TRUST?
H. DURABLE POWER OF ATTORNEY HEALTH CARE DIRECTIVES?
I. FUNDING A TRUST?
J. LIVING WILL (HIPAA COMPLIANT)?
K. POUR-OVER WILL?
Felony Convictions
- CAN I GET MY RECORD EXPUNGED?
- CAN I GET MY CONVICTION SET ASIDE
- CAN I GET MY JUVENILE RECORD SEALED OR DESTROYED?
- WHAT CIVIL RIGHTS CAN BE RESTORED?
- HOW LONG AFTER I AM CONVICTED CAN I HAVE MY CIVIL RIGHTS RESTORED?
Real Estate
- I PURCHASED A TAX LIEN AT THE LAST AUCTION; WHEN CAN I FILE FOR A DEED?
- WHAT IS THE LAST DAY I CAN FILE FOR A TAX LIEN?
- I WAS TOLD THE LIEN EXPIRES AFTER 10 YEARS, BUT YOU SAID "9 YEAR 11 MONTHS", WHY IS THERE A DIFFERENCE?
- CAN I FILE IN ANY COURT IN ARIZONA?
- DO I HAVE TO PUBLISH THE SUMMONS IN THE PAPER?
Domestic Relations
1. DO I NEED GROUNDS TO FILE FOR DIVORCE?
Yes. In Arizona the only grounds for a divorce is two part, 1. the marriage is “irretrievably broken” and 2. "there is no reasonable expectation of a reconciliation”. This is a “no-fault” state, which means that it is not necessary (and usually not even allowed) to say which person caused or wants the divorce.
2. HOW LONG DOES A DIVORCE TAKE?
After the initial filing of a divorce, there is minimum waiting time of 60 days after the divorce papers have been "served" on your spouse, before you are allowed to schedule or attend a default hearing. Some courts allow same day appointments, and other required advanced notice of the hearing date, so the actually time may vary. Many divorces take longer when there are contested issues regarding the property, financial or children. The length of time also depends on how "service" of the papers is made on the other party.
Generally, a divorce takes less than 3 months when everything goes timely and smoothly.
3. WHAT IS COMMUNITY PROPERTY?
Arizona is a "community property" state. That means that all property and all debts acquired during the marriage are presumed owned by both parties together, and are part of the "marital community" regardless of in whose name the property is held. This presumption ends after the documents have been served on the other party in a divorce, annulment or legal separation action.
4. HOW IS PROPERTY DIVIDED IN A DIVORCE?
Arizona law says that the property is divided “equitably,” the laws' intent is that each party ends up with approximately half of the total property value, including an equitable division of all retirement and 401(k) accounts. Parties may want to seek advice from a tax professional to understand the potential tax consequences caused by the property division.
5. WHAT ABOUT PROPERTY THAT WAS OWNED or DEBT THAT WAS INCURRED BEFORE THE MARRIGE?
Property and debt prior to the marriage is generally not considered part of the "marital community". For clarification, the property or the debt should be listed as belonging to the party who owned the property or incurred the debt before the marriage.
6. AM I LIABLE FOR MY SPOUSE'S DEBTS IF I DIDN'T KNOW ABOUT THEM?
Generally, yes. Debts incurred by one spouse during the marriage are considered community debt. This is true even if only one person's name is on the debt. However, if the debt was incurred after the party had been served with papers for a divorce, annulment or legal separation action, the Court will generally allocate the debt as the sole responsibility of the person who incurred the debt.
7. HOW IS JOINT CHILD CUSTODY HANDLED?
There are two types of joint custody: “joint legal” and “joint physical” custody.
Joint legal custody means that the children live with one parent most of the time, but each parent has specific “parenting time” with them.
Joint physical custody means an almost 50-50 division of the children's time between the parents' homes.
In either type of custody, the parents are expected to communicate and confer regarding major decisions about the children, such as education, child care, and medical and religious decisions.
The most important consideration is: What is in the best interest of the child!
8. HOW IS CHILD SUPPORT CALCULATED?
Arizona Child Support Guidelines are based on the income of each parent and factors such as the cost of day care and the children's health insurance. Then the Court will allocate the amount of support each parent is to contribute.
These guidelines are online at supreme.state.az.us/dr/childsup/csg2004.pdf.
9. IS THERE A BENEFIT TO BEING THE FIRST TO FILE FOR DIVORCE?
Yes. There is difference when a woman wants her pre-marriage name restored. Only a woman can make the request to restore her former name.
If in all the other areas of the paperwork the parties agree, including restoring the woman's former name and the man is the Petitioner, the man is not allowed to make that request on his paperwork and the woman must pay a “response / answer” fee to make the request to the Court to restore her former name.
However, if in all areas of the paperwork the parties are in agreement, including the fact the woman wants her former name restored, and the woman makes the initial filing. There is no additional “response / answer” fee required.
Other than that however, the court identifies the person who filed first as the Petitioner and the other party as Respondent, and as far as how the court rules on the issues of granting the dissolution, child support, custody, and division of property there is generally no legal significance based on who filed first.
10. WHAT IS AN ANNULMENT?
An annulment is when the Superior Court dissolves a marriage after it adjudges the marriage to be null and void.
11. WHAT ARE THE GROUNDS TO HAVE A MARRIAGE ANNULLED?
A.R.S. 25-301 states: Superior courts may dissolve a marriage and adjudge a marriage to be null and void when the cause alleged constitutes an impediment rendering the marriage void; in addition, A.R.S. 25-101 defines prohibited or void marriage.
The phrase "an impediment rendering the marriage void", generally refers to various other legal reasons why a marriage may be annulled. Generally the impediment must be sufficient that the court would agree that if the party was aware of the impediment prior to the marriage they never would have entered the marriage. A few examples of impediments which would render the marriage void are; fraud, concealment of a criminal record, and the marriage never having been consummated.
12. CAN I GET A COPY OF MY SPOUSE'S CREDIT REPORT?
After you file for a dissolution, legal separation or annulment, you may request the court to issue a court order for credit reports on your spouse.
13. I HAVE MORE QUESTIONS, IS THERE ANOTHER WEBSITE WHERE I CAN GET MORE ANSWERS?
YES! There are several websites where you can get more answers including an online booklet presented by the Arizona Supreme Court, Administrative Office of the Courts which is available at
http://www.lawhelp.org/documents/92691divorceinAZ_FAQ.html?stateabbrev=/AZ/
Estate Planning
1. WHAT IS ESTATE PLANNING?
Estate planning is a process of organizing the principals' affairs and assets, to best protect of the present and future security of the principals' which would allow the accumulated wealth to be utilized in accordance with the principals' wishes, with the maximum benefits and least amount of loss. Proper estate planning takes into account the financial, business, medical and charitable consideration of the principals and makes allowances in case of incapacity or long term illness of the principals or beneficiaries involved.
2. WHAT IS THE DIFFERENCE BETWEEN TESTATE AND INTESTATE?
Testate means a person died with a Last Will and Testament. The principal determines the distribution of the assets.
Intestate means a person died without a Last Will and Testament, in which case the state determines the distribution of the assets.
Both intestate and testate actions are subject to probate.
3. WHAT IS A WILL?
A Last Will and Testament is a statment as to how you want your assets distributed after your death.
4. WHO MAY MAKE A WILL?
A person who is eighteen years of age or older and who is of sound mind may make a will.
5. WHO NEEDS A WILL?
Everyone who has an asset which may be passed on after their death, needs a will. if they want to choose their beneficiary.
A will is especially important for parents of minor children in order to designate a guardian for their minor children and if they do not have a Trust a will may also designate a conservator of their assets for the benefit of the minor children.
Even a person with a Trust needs a pour-over will to cover any items which may have been left outside of the Trust.
6. HOW LONG IS A WILL VALID?
A will is valid until it is revoked or declared invalid by a court. A new will generally have statement to the effect or "I hereby revoke all other wills . . "
A will should be reviewed on a regular bases and updated as needed. Time changes circumstances and assets. Your will is yours, it can be revised at anytime by a codicile or by rewriting it in it's entirety.
7. WHAT IS THE DIFFERENCE BETWEEN A WILL AND A TRUST?
A will is an instrument by which an individual makes a disposition of this real and personal property; to take effect after his death and which by it own nature is ambulatory and revocable during his lifetime.
A trust is a legal entity created by a grantor for the benefit of designated beneficiaries under the laws of the state and the valid trust instrument.
Black's Law Dictionary, 6th Edition; has 114 subtitles under the term Trust.
Most Trust are now based on the Uniform Testamentary Additions to Trust Act.
8. WHAT IS THE DIFFERENCE BETWEEN A REVOCABLE AND IRREVOCABLE TRUST?
Generally, a revocable trust belongs to the grantor. it may be modified by the grantor at any time during their lifetime, so long as they have not been determined to be incompetent.
An irrevocable trust basically belongs to the grantee, it cannot be modified by the grantor, except by court order.
9. DOES AN ATTORNEY HAVE TO WRITE UP A WILL?
No
10. WHAT IS:
A. ABSTRACT OF TRUST?
B. AMENDMENTS TO AN EXISTING TRUST?
C. ASSIGNMENT OF PERSONAL EFFECTS?
D. BURIAL INSTRUCTIONS?
E. CERTIFICATE OF TRUST?
F. CORRESPONDENCE RELATING TO THE TRUST?
G. DECLARATION OF TRUST?
H. DURABLE POWER OF ATTORNEY HEALTH CARE DIRECTIVES?
I. FUNDING A TRUST?
J. LIVING WILL (HIPAA COMPLIANT)?
K. POUR-OVER WILL?
Felony Convictions
1. CAN I GET MY RECORD EXPUNGED?
2. CAN I GET MY CONVICTION SET ASIDE
3. CAN I GET MY JUVENILE RECORD SEALED OR DESTROYED?
4. WHAT CIVIL RIGHTS CAN BE RESTORED?
5. HOW LONG AFTER I AM CONVICTED CAN I HAVE MY CIVIL RIGHTS RESTORED?
Real Estate
1. I PURCHASED A TAX LIEN AT THE LAST AUCTION; WHEN CAN I FILE FOR A DEED?
Three years after the sale. If you purchased the lien February 14, 2009, you may file for a deed February 14, 2012.
2. WHAT IS THE LAST DAY I CAN FILE FOR A TAX DEED?
You must do the pre-filling requirements and file an action before the lien exprires.
42-18127. A. If the tax lien is not redeemed and the purchaser or the purchaser's heirs or assigns fail to commence an action to foreclose the right of redemption as provided by this chapter within ten years after the last day of the month in which the lien was acquired pursuant to section 42-18114, the certificate of purchase or registered certificate expires and the lien is void.
3. I WAS TOLD THE LIEN EXPIRES AFTER 10 YEARS, BUT YOU SAID "9 YEAR 10 1/2 MONTHS", WHY IS THERE A DIFFERENCE?
I want you to be aware of the statutory pre-filing requirements.
4. CAN I FILE IN ANY COURT IN ARIZONA?
No, You must file in the superior court in the county where the property is located. This is the same county where the tax liens were purchased.
5. DO I HAVE TO PUBLISH THE SUMMONS IN THE PAPER?
If all of the owners are individuals and they are alive and have been personally served, no, you do not have to publish the summons in the paper. However, if you have done due diligence and still have not been able to located all the owners, you must publish as required by the Arizona Rules of Court not only in the county where the property is located but also in the last county in Arizona in which they lived.
Please Note: Laws and regulations change regularly. I am an Arizona Certified Legal Document Preparer, not an attorney. I do not give specific legal advice. Communication with an LDP is confidential but is not the same as attorney-client privileged communication. If you need specific legal advice or "privileged" communication, please consult an attorney.