Family Law Articles

DIVORCE 101: A BEGINNER’S GUIDE

By:  J. Kyle Scoresby

Researchers have found that the stressfulness of divorce is second only to the death of a spouse. In addition to the stress caused by the breakup of the relationship, “fear of the unknown” as to the divorce process can cause sheer panic. While only marital reconciliation can alleviate the stress brought on by the marriage breakup, an understanding of the divorce process can often help calm the rattled nerves of those contemplating divorce or in the midst of a divorce case. […]

EQUITABLE BUT UNEQUAL DIVISION OF REAL ESTATE IN DIVORCE

I. Introduction

Under Arizona Revised Statutes § 25-318 (A), Arizona divorce judges are directed to “divide […]

WINNING A NON-PARENT CUSTODY CASE: A DIFFICULT BURDEN OF PROOF

By:  J. Kyle Scoresby

A.R.S. § 25-415 allows a person other than a legal parent to seek custody of a child under certain circumstances. Winning custody of a child for the non-parent, however, is a tall order. […]

NON-MODIFIABLE SPOUSAL MAINTENANCE

By: J. Kyle Scoresby

In an Arizona divorce case, the family court judge is authorized to award spousal maintenance if the judge determines it is warranted under A.R.S. § 25-319. By agreement between a husband and wife only, the spousal maintenance order may be made non-modifiable. A.R.S. § 25-319 (C). […]

FOR BETTER OR FOR WORSE — MAYBE. Prenuptial Agreements in Arizona

By: J. Kyle Scoresby

Tiger Woods has one. Madonna and Guy had one. Donald Trump has had several. Of course, I’m speaking of prenuptial agreements. With the nationwide divorce rate at approximately 50%, and even higher for second marriages, it’s not difficult to understand why. […]

DOUBLE DIPPING: BUSINESS BUYOUTS AND SPOUSAL MAINTENANCE

By: J. Kyle Scoresby

If you are a small business owner with no or few employees and you are about to go through a divorce, get prepared for pain. If you have a long-term marriage and you earn significantly more than your spouse, get prepared for a double dose. […]

SPOUSAL MAINTENANCE CALCULATIONS

By: J. Kyle Scoresby

Just about every day a client or potential client asks me how much spousal maintenance (alimony) she will receive in her divorce or how much spousal maintenance he will have to pay in his divorce. […]

THE SEVEN DEADLY SINS IN DIVORCE

There are seven deadly sins or errors people going through divorce commonly commit. By avoiding these seven common mistakes, you will greatly improve the likelihood of a favorable outcome in your case. […]