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November 2012 Archives

Clean Slate

In certain circumstances, an annulment can be an alternative to divorce for people looking to end their marriage. Annulment differs from divorce in that, it offers couples a "clean slate" since, from a legal standpoint, it's as if the marriage never took place. This can be a preferred option for some couples, whether it be for religious or personal reasons. Some of the benefits of an annulment could include less complications with respect to property division and child custody, and no right to spousal support by the other party.

Division of Debt in Divorce

In a divorce action, debt is divided the same way property is divided... "equitably". This doesn't necessarily mean equally, but generally the Court will divide the debt as equally as possible.

Spousal Maintenance

If you're going through a divorce or legal separation, one of the issues you'll undoubtedly face is whether you or your spouse is entitled to spousal maintenance. Spousal maintenance, as it's referred to in Arizona, is also known as alimony or spousal support in other jurisdictions. Unlike child support, spousal maintenance is not determined by a formula, but instead is left to the discretion of the court after taking into account a variety of factors specific to your individual case.

Getting Ready for Trial

The perception that people get from watching lawyer shows on TV is that one day the client is meeting with the attorney, and the next day they are in Court. Reality is nothing like this. It usually takes months before one gets in front of the Judge and there is a lot of work that needs to be done before then.Preparing for trial starts the day a new case is taken on by the lawyer. It must be assumed that each case is going to trial even though most cases settle. The worst thing to do is think that the case will settle, and then show up for trial unprepared.

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