Frequently Asked Questions

How do Arizona courts split up property in a divorce?

All property acquired during a marriage is deemed to be community property. The exception is property which is Separate Property. A party claiming that property is his/her separate property carries the burden of proving it is separate and the standard used by the Court to determine if property is separate a clear and convincing burden. All community property must be divided, by the court, equitability. Equitability means equal, with some limited factually driven cases, the courts may determine that an equitable division shall be achieved by an unequal division of the community property.

How is child support and maintenance in AZ calculated?

Child support is calculated pursuant to a statutory scheme. The amount is based on both party’s gross income (all income from any source). This combined gross income is put into a predetermined table set out in the statute for the total number of children arriving at a total child support. The total support is divided by the pro rata of the gross income of each party’s income as his or her share of the obligation for support. Lastly, certain adjustments are made for other statutory considerations such as who pays the health dental and vision insurance, obligations to other minor children not of this marriage for child support, the parenting time schedule, others. This process is set out in a computer program and is simple to use.

How long does a divorce take?

There is no one size fit all. The time required fluctuates because of the specifics of each case. The Arizona rules of Family Law Procedure structures time limits to conclude Disclosure, Discovery and alternate dispute resolution (settlement conferences). The overall number of cases assigned to the Judge hearing your matter is a factor. An estimated number of months for a contested matter is usually about 12 to 14 months.

What happens to retirement funds and 401(k) plans in a divorce?

The portion of each party’s retirement and 401(k) funds determined by formula to be earned during the marriage and any and all increases thereon will be divided by a special order (Duro or QUDRO) depending on the plan. This is usually prepared by an expert (a lawyer specially trained in the division of pre-tax investments and Plans).

What kind of damages are available in a medical malpractice case?

Reimbursement of current and future Medical bills, lost income, future care costs and pain and suffering.

What are the statues of limitations for medical malpractice?

Two years from the dat of the below standard of care by the health provider.

What is informed consent?

A written document which list the scope of a procedure and all known complications and risks associated with the procedure to be undertaken the physician, health care provider or hospital. The informed consent must be review with the patient before any procedure and signed by the patient. The patient must have an informed understanding of the complications and risks.

What compensation might I be able to get in a lawsuit over my car accident?

Property damage, personal injury, medical bills, future medical bills, lost income and pain and suffering.

What steps should I take to protect my rights after a car accident?

Obtain other party’s insurance information; obtain the other party’s driver’s license; use your cell phone (or a camera) to take as many photos of the cars and the entire accident scene; obtain the names and addresses of any witnesses to the accident; make sure to provide those witnesses names and addresses to the police; if the police have been to the scene get a copy of the Departmental Report (DR) number, Do not make any statements to the other driver[s] about the particular’s of the action leading up to or causing the accident, do not make any statements to the other party[s] on your injuries, (this warning does not include any medical personal or the police who arrive at the scene); If injured see a doctor immediately following the accident, do not wait to seek care assuming its not bad and should be okay by the next day; do not give the adverse party’s insurance a statement, recorded statement or written statement or attempt to settle your own matter; CALL A LAWYER IMMEDIATELY FOR MORE SPECIFIC ADVISE ON WHAT AND HOW TO HANDLE THE MATTER.

What Should I Do If I Am Involved in A Truck Accident.

Obtain other party’s insurance information; obtain the other party’s driver’s license; use your cell phone (or a camera) to take as many photos of the cars and the entire accident scene; obtain the names and addresses of any witnesses to the accident; make sure to provide those witnesses names and addresses to the police; if the police have been to the scene get a copy of the Departmental Report (DR) number, Do not make any statements to the other driver[s] about the particulars of the action leading up to or causing the accident, do not make any statements to the other party[s] on your injuries, (this warning does not include any medical personal or the police who arrive at the scene); If injured see a doctor immediately following the accident, do not wait to seek care assuming it’s not bad and should be okay by the next day; do not give the adverse party’s insurance a statement, recorded statement or written statement or attempt to settle your own matter; CALL A LAWYER IMMEDIATELY FOR MORE SPECIFIC ADVISE ON WHAT AND HOW TO HANDLE THE MATTER.

What Happens If I Was Partially at Fault for The Truck Accident?

Arizona is a comparative negligence state. Each party to an accident may be assigned a percentage of fault in the accident. Example. (if you are partially at fault and it is determined that your percentage of fault is ten percent you would be entitled to collect ninety percent of your damages from the other party or parties.)

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