Posts classified under: AZ

A Notice of Change of Judge as a Matter of Right is a legal document filed with the Court in which a party requests that an assigned judge or commissioner be removed from their case without cause (party does not need a valid reason for the request). In order for the request to be granted the following must be valid:

• Request made in a timely manner (judge cannot have made any substantive rulings);
• There has been no waiver; and
• The party requesting the change has not already been granted a change of judge in the legal matter.

A Parenting Plan is a supporting document that is filed with the Court when there are issues involving legal decision-making and parenting time over minor children. A Parenting Plan will usually be by agreement of the parties; however, if the parties cannot agree a judge can enter a Parenting Plan as an order his or herself. A detailed and well-written Parenting Plan can help avoid and/or alleviate conflicts between the parties. Standard Parenting Plans often include:

• Designation of the legal decision-making authority;
• Each parent’s rights and responsibilities for the care of the child(ren) and decisions in areas such as education, health care, and religious upbringing;
• A practical schedule of parenting time for the child(ren) including holidays and school vacations;
• Where and how the exchange of children will take place;
• How often the plan should be reviewed and possibly modified; and
• How the parents should communicate about the child(ren), such as email, text, etc.

A Petition for Open Negotiation is a legal document that is filed with the Court requesting alternative dispute resolution to help settle the parties’ unresolved issues. This petition is similar to a request for mediation, with the main exception being that it is non-confidential. Ultimately, alternative dispute resolution provides an efficient and less-costly alternative to going to trial. This process involves a neutral third-party that negotiates with both sides to help settle the issues presented. However, if the parties cannot resolve the issues, the negotiator reports back to the Court.

A Petition for Temporary Orders is a legal document filed with the Court asking the Court to make “temporary” orders on certain issues pending final adjudication of the case. This document can be filed before or after a decree or judgment has been entered by the Court; however, there must be an underlying petition filed before or contemporaneously with the Petition for Temporary Orders. Such a  petition often involve any combination of the following issues:

• Legal Decision-Making
• Parenting Time
• Child Support
• Spousal Maintenance
• Payment on Debts
• Real Property

A Petition for Temporary Orders can be “with” or “without” notice. One with Notice simply means that the filing party must provide notice of the filing to the opposing party along with an Order to Appear for a hearing on the Temporary Orders. The parties will be required to appear at a hearing before the judge will render a decision on the Temporary Orders. Alternatively, a Petition for Temporary Orders without Notice means that the filing party is requesting that the judge make an immediate decision on the filing party’s petition without first giving the other party notice of the filing and a chance to appear in front of the judge. This type of petition is typically only granted in emergency situations.

A Pre-Trial Statement or Pre-Hearing Statement is a legal document filed with the Court. The Pre-Trial Statement contains the party’s position on issues to be addressed at an upcoming trial or hearing. The parties may submit a joint Pre-Trial Statement, but usually each party submits their own separate statement. Pursuant to Rule 76.1 (f) and Rule 76.1 (b) of the Arizona Rules of Family Law Procedure, pretrial statements are to be submitted to the Court not later than 20 days prior to trial, albeit, that date may be, and usually is altered in a scheduling order by the Court (in most cases 7 days prior to trial). Typically, this document will clearly outline a party’s position on the following issues:

• Legal Decision-Making, Parenting Time, and Child Support (if minor children are involved)
• Distribution of Property
• Distribution of Debts and Assets
• Spousal Maintenance (Alimony)

Specifically, the Pre-Trial Statement should include:

• If there are disputed custody, access or visitation issues, a specific proposal for custody and parenting time.
• If there are disputed issues regarding division of property, a current and detailed Inventory of Property and Debts, together with a summary proposal by each party as to how the property and assets should be divided. If possible, the Court prefers a one-page statement of all property except personal property items valued at less than $500 each.
• If spousal maintenance is requested and disputed, each party shall state the amount and duration of spousal maintenance requested.
• If division of debts is an issue, the parties shall prepare and exchange a list of all debts, including creditor’s name, amount of debt, monthly payment amount, the reason the debt was incurred, who should pay the debt, and all of the information required by A.R.S. §25- 318(H). 8. If there is a disputed issue regarding the payment of attorney’s fees by either party, an affidavit of the attorney’s fees claimed submitted in accordance with the requirements of Rule 78(D), Arizona Rules of Family Law Procedure.
• List of the party’s Exhibits
• List of the party’s Witnesses

Included with a Pre-Trial Statement are the following supporting documents:

• Affidavit of Financial Information
• If there are disputed child support issues, a current Parent’s Worksheet for Child Support Amount completed by each party pursuant to the Statewide Child Support Guidelines.

If the parties have a natural or an adopted minor unemancipated child in common, proof of compliance with the Parental Education Program requirements of A.R.S. §25-351 is required.

A Property Settlement Agreement is a legal document that provides for the distribution of the parties’ assets and/or debts in a divorce. If agreed to by the parties, such an agreement is submitted to the Court for approval. The Court will generally grant approval unless it finds the agreement unconscionable (so unfair to one side that it must be modified). Once approved by the Court, the Property Settlement Agreement works like a contract for enforcement or modification purposes. Accordingly, the agreement must be entered into fairly; this means one party cannot withhold information (location, value, ownership, etc.) about property from the other party. If the parties cannot reach agreement on the settlement of the property, the Court will order a Property Settlement Agreement as it sees fit, subject to the laws of the jurisdiction. Typically, the agreement outlines the distribution of the parties’ property including:

• Community Property
• Separate Property
• Spousal Maintenance (if any).

Community property is property acquired during the marriage by either, or both, parties. Separate property is property that one party acquired before the marriage. Spousal maintenance agreements are typically included in Property Settlement Agreements. Additional issues that may be relevant to such an agreement include:

• Comingling. If separate property has been comingled (for example; in a bank account) then the separate property is likely community property
• Transmutation. Where there is separate property that the spouses have treated as marital property, making it impossible to tell what type of property the spouses had intended it to be. For example, transmutation occurs when the parties took title to property jointly but in reality only one of the spouses paid for the property.
• Valuation. The value of property can change over time, so it is important to consider the current value of the property when entering into a Property Settlement Agreement.