Last year, the Arizona Court of Appeals issued a decision regarding setting aside default divorce decrees. The case involved two parties who were both licensed attorneys who made several procedural errors. In its decision Duckstein v. Wolf, the Arizona Court of Appeals set forth some standards for trial courts in setting aside default divorce decrees. WHAT IS A DEFAULT DIVORCE DECREE? A default divorce decree is the divorce decree that the court issues after the default process. When the petitioner serves the respondent with divorce papers, either by a process server or by the respondent signing an acceptance of service (as was the case in Duckstein), the respondent has 20 days to file his or her response. If the respondent…

Too many people are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future. Not only do you want to be ready financially, you want to protect yourself in the event that your spouse decides to play nasty, underhanded games, such as run up (or cancel) credit cards, drain the financial accounts, or hide financial accounts. Here is a short list of things that you can do to protect yourself. 1. Get to know your assets, liabilities and monthly living expenses. Many people have no idea of their monthly living expenses, debts or assets. While…

Arizona recognizes legal separation. At least one party must be a resident of the state and both parties must agree to the legal separation. If one party objects to a decree of legal separation, the court shall direct that the pleadings be amended to seek dissolution of the marriage. Issues and Procedure in a Legal Separation The issues in a legal separation are the same as in a dissolution of marriage ("divorce"): spousal maintenance, child support, legal decision making, parenting time, property, debt, and attorney's fees and costs. The procedure is also the same. The only practical difference between a legal separation and a dissolution of marriage is that the parties are still legally marriage and therefore cannot marry someone…

In a letter dated April 29, 2013, the Arizona Foundation for Legal Services & Education informed Thomas Morton that the Foundation had selected him as a 2013 recipient of the Top Pro Bono Attorneys in Arizona award. The Foundation instituted the award to recognize attorneys who "have tirelessly given their time and expertise to assist Arizonans who would otherwise have no legal resources." The nomination for this award came from the Children's Law Center Volunteer Lawyer Program. The Foundation plans to publicly announce Tom's award in the July/August issue of Arizona Attorney, the publication of record of the State Bar of Arizona. Tom accepts pro bono juvenile court cases from the Children's Law Center, including guardianships, severances, and adoptions. He…