Arizona Provisions Which May Be Added to a Division Or Transfer Order In Arizona, when a divorce or legal separation is finalized, property and assets need to be divided between the parties involved. This is done through a Division or Transfer Order, which outlines the distribution of property and any other related matters. In order to ensure a fair and equitable division, certain provisions can be added to the order. These provisions are designed to protect the interests of both parties and provide clarity on how assets should be handled. Here are some of the Arizona provisions that may be added to a Division or Transfer Order: 1. Property Division: This provision specifies how marital property and debts will be divided. It outlines the specific assets, such as real estate, vehicles, bank accounts, investments, and personal belongings, that will be allocated to each party. The order may also address the division of debt obligations, including mortgages, loans, and credit card debts. 2. Spousal Support: Also known as alimony, this provision addresses the payment of financial support from one spouse to the other. It may include the duration, amount, and method of payment for the support. Factors such as the length of the marriage, earning capacity of each spouse, and financial needs of the receiving party are considered when determining the spousal support provisions. 3. Child Custody and Support: If the divorcing couple has children, this provision outlines the custody arrangements, visitation rights, and child support obligations. The child custody provisions may address legal custody (decision-making authority) and physical custody (where the child resides). Child support provisions determine the amount and method of payment for financial support provided by the non-custodial parent. 4. Retirement Benefits: This provision addresses the division of retirement accounts, such as pensions, 401(k)s, IRAs, and other plans. It may outline how the accounts will be divided, including the percentage, distribution options, and any necessary arrangements to ensure compliance with federal laws, such as the Qualified Domestic Relations Order (QDR). 5. Healthcare and Insurance: This provision covers the allocation of medical insurance coverage for both spouses and any children. It may address who will be responsible for providing health insurance and how medical expenses not covered by insurance will be handled. 6. Business Interests: If one or both spouses own a business, this provision outlines how the business assets and liabilities will be divided. It may address valuation methods, buy-out options, and any necessary arrangements to ensure a fair division. 7. Taxes and Tax Returns: This provision addresses the responsibility for filing tax returns and payment of any taxes owed. It may outline how jointly filed tax returns will be handled and specify any tax consequences that might arise from the division of property. It is important to consult with an experienced family law attorney when considering the inclusion of these provisions in a Division or Transfer Order. They can provide personalized guidance and help ensure that all relevant factors are adequately addressed to protect your interests.
Arizona Provisions Which May Be Added to a Division Or Transfer Order
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A court must correct a clerical mistake or a mistake arising from oversight or omission if one is found in a judgment. The court may do so on motion or on its own, with notice. Rule 85 - Relief from Judgment or Order, Ariz. R. Fam. Law. proc. 85 casetext.com ? rule ? judgments-and-decrees ? rul... casetext.com ? rule ? judgments-and-decrees ? rul...
Rule 33 - Third-Party Rights and Other Claims in an Existing Action (a)Third-Party Rights. A person other than a legal parent may petition to intervene in an existing action pursuant to A.R.S. § 25-409. (b)Intervention by the State. Ariz. R. Fam. Law. proc. 33 - Casetext casetext.com ? rule ? pleadings-and-motions ? rul... casetext.com ? rule ? pleadings-and-motions ? rul...
Except where otherwise provided in these rules, a response must be filed within 10 days after service of the motion. A reply may be filed by the moving party, but any reply must be filed within 5 days after service of the response. The reply may address only those matters raised in the response. Rule 35. Family Law Motion Practice - View Document - Arizona Court Rules westlaw.com ? azrules ? Document westlaw.com ? azrules ? Document
Rule 9 - Duties of Parties or Counsel (a)Current Address. Parties or counsel must keep the court informed of a current mailing address, email address, and telephone number.
Rule 12 - Court Interviews of Children (a)Generally. On a party's motion or on its own, the court may conduct an in camera interview with a minor child who is the subject of a legal decision-making or parenting time dispute to ascertain the child's preferences as to both. Rule 12 - Court Interviews of Children, Ariz. R. Fam. Law. proc. 12 casetext.com ? rule ? general-administration ? rule... casetext.com ? rule ? general-administration ? rule...
Rule 51 (General Provisions Governing Discovery). Rules 51 through 65 of the Arizona Rules of Family Law Procedure regard the procedures for obtaining information, documents and other evidence from the other party and/or other sources. These regard requests for discovery that go beyond Rule 49.
(C) A party must file and serve a reply to an answer within 20 days after being served with an order to reply, unless the order specifies a different time.
Rule 10, Arizona Rules of Family Law Procedure, allows the Court to appoint a best interests attorney, a child's attorney, or a court appointed advisor in a case where there is (a) abuse or neglect allegation; (b) significant conflict between parents; (c) history of substance abuse or family violence; (d) there are ...