Category Archives: Divorce Law

Are Divorce Records Public Information?

Like birth certificates, death certificates, and marriage certificates, divorce records are typically considered public records in Arizona. The ultimate goal is to ensure a transparent court system that’s open to public scrutiny, though this often results in private, possibly embarrassing personal information becoming public record in divorce cases. Fortunately, it is possible to seal divorce records in some situations. It’s rare for entire divorce proceedings to be sealed, but fairly common for certain aspects to be sealed upon request by one or both divorce parties. Filing Divorce Records Under Seal in Arizona Because divorce records are naturally public record, the judge will never take it upon herself to seal divorce records. One or both parties in the divorce case must request that the court seal the divorce records, usually in the form of a Motion to Seal. Even then, filing a Motion to Seal doesn’t guarantee your divorce records will actually be sealed.….. To continue reading this legal news please click Read full information...

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What is a Divorce Master?

As a prior Divorce Master, I witnessed a lot of confusion from clients about the Divorce Master process. During one of my more contentious cases, I overheard a litigant talking to his attorney during a break, and he asked: “When will I get a hearing with a real Judge?” Clearly he was disgruntled about how the case was going, but it’s a fair question. And the answer here in Lancaster County is that you won’t–  your Divorce case will be heard by a Divorce Master, not a Judge. In most counties in Pennsylvania (including here in Lancaster), divorce cases are heard and decided by Masters instead of Judges. Divorce Masters are court appointed officials, and they have jurisdiction to decide issues of property distribution and alimony. In Lancaster County, Divorce Masters serve as the finders of fact for the case. In practical terms, that means that the proceedings before the Divorce Master will be the only opportunity you will have to present your….. To continue reading this legal news please click Read full information...

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How to Respond to a Divorce Petition in Arizona

Even when you’re expecting divorce papers, being served a Petition for Dissolution of Marriage isn’t a pleasant experience. It means your spouse has initiated the formal divorce process in Arizona, and it’s now up to you to respond.  We’re not talking about your emotional response, or a polite text message to let your spouse know you received the papers. No, we’re talking about your legal response to the court.  If you’re feeling anxious, the good news is you don’t have to handle the response on your own. The best thing to do is get in touch with your attorney, or hire an attorney if you haven’t already done so. An experienced family law attorney can help you achieve the outcome you desire, whether it’s to get this over as quickly and painlessly as possible, push back against unfair claims, or even to make an attempt at conciliation.  What Does Respondent Mean? First, let’s cover a few simple definitions….. To continue reading this legal news please click Read full information...

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Is Divorce a Civil Case?

Generally speaking, there are two types of cases: criminal cases and civil cases. Criminal cases are initiated by a government prosecutor against a person or organization who has broken federal, state, or local laws. Civil cases are typically between private parties, encompassing everything outside of criminal matters from family law to probate and small claims. As divorce (dissolution of marriage) cases fall under the umbrella of family law, divorce cases are considered a civil case. In Arizona, family law also covers child custody, child support, guardianship, and adoptions. What is Civil Court? In Arizona, civil law deals with Arizona laws that pertain to the rights of private citizens. Most cases involve legal disagreements between individuals, partnerships, corporations, and businesses, but they can include state or local government entities.  Arizona civil courts cover a wide variety of cases, including name changes, divorce (dissolution of marriage), small claims,….. To continue reading this legal news please click Read full information...

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Business Owner’s Guide to a Divorce

Guide To Divorce In TexasToday’s business owners are not the mom and pop type of yesterday. They must be business savvy, up on market trends and vigilant about their social media presence. A divorce can have a devastating effect on a thriving business if not handled correctly. A business owner contemplating a divorce in Texas should consider the following items before beginning the divorce process.Community v. Separate Property The first concern for any Texas business owner is to determine the characterization of any company. If the company was created or purchased prior to the date of marriage, or if it was inherited during the marriage, then it is considered separate property and is not subject to division during a Texas divorce. The spouse that owns that separate property must provide documentation evidencing that it was either inherited or created prior to the date of marriage, so a business owner will need to provide to their legal team documents evidencing the….. To continue reading this legal news please click Read full information...

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