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Legal Thoughts by Thomas A Morton

caring, family law attorney in Phoenix, AZ

Thursday, 10 July 2014 15:17

Arizona Spousal Maintenance Basics

The Arizona spousal maintenance statute sets forth a two-part determination regarding spousal maintenance.  This is the statute in its entirety: Arizona Revised Statute § 25-319 A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 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…
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Thursday, 03 July 2014 09:40

Chapter 7 Bankruptcy Property Exemptions for Individual Debtors

Many people think that they will lose everything they own in a bankruptcy.  However, a Chapter 7 bankruptcy does not require you to lose everything you own.  The bankruptcy code and state law provide several exemptions for people in bankruptcy.  With a little planning, many people can emerge from a Chapter 7 bankruptcy without losing their property.  The following list includes all of the common exemptions under Arizona law. BANKRUPTCY EXEMPTIONS FOR INDIVIDUAL DEBTORS   1. The following household goods and furnishings up to a total value of $4,000.00: A. Dining room table and chairs B. Couch C. Living room chairs D. Three coffee or end tables E. Three lamps F. Carpet or rug G. Beds H. Bed-table, dresser and…
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Thursday, 26 June 2014 13:09

Ways to Ruin Your Divorce Case

Over the years I have seen many ways for people to ruin their divorce case.  I know that I have not come close to seeing them all, but I have seen several ways that people hurt themselves in their divorce.  Some ways are more common than others.  The following list is some of the more common ways that people hurt themselves in family court. Lie to your lawyer or withhold information from your lawyer.  Your lawyer’s advice, analysis, and strategy depends on what you tell him.  If, for example, he proceeds under the assumption that you have never used illegal drugs because you lied to him about it, the family court consequences of your drug use will probably go from…
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Thursday, 19 June 2014 11:35

How Divorce Affects Children and What You Can Do About It

Many decades ago, our culture began believing that unhappy parents would raise unhappy children. This caused many parents to decide to divorce for their children’s sake.  Research spanning over 30 years, however, found that children suffer more and are less happy when their parents get a divorce.  As a result, the parents are not any happier than their children.  Divorce has both long-term and short-term affects on children. About 40% of American children under the age of 18 years will experience their parents’ divorce.  There are about 1,250,000 divorces a year in the United States.  Therefore, many millions of children will experience their parents’ divorce.  Parents should understand the short-term and long-term affects of divorce on children. Short-Term Affects of…
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Thursday, 12 June 2014 12:10

Physical Violence is Not Necessary to Issue an Order of Protection

The Arizona Court of Appeals recently addressed the question as to whether the issuance of an order of protection requires actual physical violence.  In its recent decision in Michaelson v. Garr, the Arizona Court of Appeals stated that actual physical violence is not necessary for a court to issue an order of protection. Michaelson and Garr broke up in September, 2012.  Michaelson received an order of protection in October, 2012.  Garr later requested a hearing on the order of protection.  At the hearing, Michaelson never claimed that Garr committed any acts of physical domestic violence.  She testified that Garr was harassing her.  On September 26, 2012, he sent her over 60 unwanted text messages, and on October 4, 2012, he…
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Thursday, 05 June 2014 16:48

Requirements of a Valid Will in Arizona

Your will is one of the most important legal documents you will sign during your life.  Your will directs how your money and goes upon your death, names a personal representative to administer the estate, names a guardian to care for your minor children upon your death, and names a conservator to manage minor children’s assets.  In order to serve these purposes, your will must be valid.  In Arizona, a will must meet the following requirements to be valid. Required Age to Execute a Will The testator (the person making the will) must be 18 years of age or older and must be of sound mind.  The person signing the will must be able to understand the extent of his…
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Friday, 20 December 2013 12:22

The Key to Holiday Parenting Time is to Focus on Your Children.

Families face many changes during a divorce and one of the biggest changes is the time they spend during the holidays. They will most likely no longer spend time together with the entire family (i.e., with both parents) and many of their holiday traditions will never be the same. Common problems include parents who are unable or unwilling to make an agreement as to how the children will spend their time during the holidays, poor behavior by one or both parents, travel plans, lack of communication between the parents, and the court’s availability (or lack thereof) to solve these problems in time for a particular holiday. Often, parents cannot agree on how the children will spend their holiday time, so…
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Thomas A. Morton, P. L. L. C.
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