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Thomas Law Office, PLC Phoenix AZ

The party who gets to stay in the house during the divorce case is a complicated issue. There is no clear answer in the statutes and rules governing divorce cases. One of the more common reasons why a spouse is entitled to exclusive use and possession of the marital residence is that an order of protection is in place. An ...

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Thomas Law Office, PLC Phoenix AZ

In Arizona, custody is now referred to as “legal decision-making authority.” The law lists various factors that a judge must consider – and make specific findings about – when determining to whom to award legal decision-making authority.

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Thomas Law Office, PLC Phoenix AZ

A postnuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple’s affairs and assets in the event of a separation or divorce. It is normally “notarized” or acknowledged and is usually the subject to the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely, ...

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Thomas Law Office, PLC Phoenix AZ

Spousal maintenance is one of the most complicated areas of divorce law. The reason for that is the wide discretion Arizona judges have in determining the amount and duration of spousal maintenance and if a spouse qualifies for spousal maintenance in Arizona. You can avoid this financially devastating situation in the first place by obtaining a prenuptial agreement, or what ...

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Thomas Law Office, PLC Phoenix AZ

Assets in Arizona divorce cases are divided equitably (fairly). In practice, this means that in virtually all cases the assets will be divided equally. However, the judge does have the discretion to award an unequal division of assets if to divide the assets equally would produce an unfair result. For example, if a husband and wife get married and a ...

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Thomas Law Office, PLC Phoenix AZ

The trustee in a Chapter 7 bankruptcy case has a tremendous amount of power over you. The Chapter 7 trustee is charged with the duty of making sure that any asset that can be seized from you is seized and sold and the monies are distributed to the general unsecured creditors who have followed the rules regarding how to apply ...

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Thomas Law Office, PLC Phoenix AZ

A Chapter 7 trustee can object to the discharge. Normally, it is a creditor who will object to a discharge of a particular debt. As one example, if a credit card company believes that you ran up your credit card in the months prior to the filing of your Arizona Chapter 7 bankruptcy case...

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Thomas Law Office, PLC Phoenix AZ

One of the duties of a Chapter 7 trustee is to look for assets he can seize and sell, so he can pay himself and distribute the proceeds to the creditors who choose to file claims for a portion of the proceeds. The Chapter 7 trustee will closely examine the Chapter 7 debtor’s schedules and Statement of Financial Affairs to ...

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Thomas Law Office, PLC Phoenix AZ

Settlements are strongly encouraged, but only in cases where the settlement is reasonable to the client. If things can be settled early in the case and the client is happy about the proposal, then their attorney should push hard to get the case resolved immediately.

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Thomas Law Office, PLC Phoenix AZ

If The Wife Or Ex-partner Is Accusing You Of Abuse To Get More Money Or A Favorable Custody Arrangement, What Steps Should Be Taken? It is appalling to see how often allegations of abuse are lodged against good fathers. If a father has been accused of abuse that he did not commit, he needs to immediately seek legal advice. This ...

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