A recent opinion from the Arizona Court of Appeals brings up (and corrects) a terrible idea: jointly owning property with your ex-spouse after divorce. If you or your spouse wants to own property jointly after divorce, you should listen to the pros and cons, find out whether the court can even order it, and whether you should talk with a divorce lawyer first. 

Arizona Divorce Podcast

Owning Property Jointly After Divorce

2020 brings a lot of changes to Arizona Divorce Podcast. In this episode I provide updates on my new law firm, episode frequency and content for 2020, and the various changes to the website. 

State of the Podcast 2020

The majority of American adults don't have an estate plan in place. So why should you think about estate planning while going through a divorce? It's not as if you don't have enough on your plate already. In this episode I discuss the ramifications for failing to estate plan during a divorce, and the windfall that can benefit your soon-to-be Ex. Learn some of the key reasons why you should update or create an estate plan after starting your divorce and how simple and affordable it can really be. 

Estate Planning During Divorce

Divorce is litigation and litigation is driven by deadlines. In this episode I cover the ins and outs of Rule 4 which governs how time (e.g. deadlines) are governed and calculated under the Rules of Family Law Procedure. Listen to this episode to learn how a 20-day deadline is calculated differently than a 10-day deadline and more. 

Rule 4 - Computing Time and Deadlines

Special guest Glenn Halterman appears on the show to discuss community liens in real estate, as well as disclaimer deeds and how they affect the characterization of property. Community liens arise when community funds are used to enhance one spouse's separate property. In this episode we break down common ways a spouse will come to own separate real estate, how community liens arise exactly, the formula used by the court to determine the extent of a community lien, and evidentiary issues people should be thinking about when dealing with a community lien in their divorce. 

Community Liens in Real Estate and Disclaimer Deeds

Rule 69 under the Family Law Rules of Procedure allow the parties, and/or their attorneys, to enter into binding agreements. This is important for divorcing parties to be able to make settlements that cannot later be undone so progress can be made toward a final resolution. In this episode I discuss the aspects of the rule, the requirements to make an agreement binding, and the uphill battle for anyone trying to challenge an agreement under this rule. 

Rule 69 Agreements

Back in episodes 3a and 3b we discussed the Nicaise and Paul E. cases. The Arizona Supreme Court has since ruled on the Paul E. case. In this episode I address the ruling and how it might impact the majority of people who will share joint legal decision-making with their spouses. 

Legal Decision-Making Update - Paul E. Case Update

In every divorce case, the parties will be required to disclose a great deal of information, typically within 40 days of the Response to the divorce Petition being filed. In this episode, I teach you the several aspects of Rule 49, when the disclosure is due, what it will need to include, the sanctions that can arise if you fail to do it, and more. 

Rule 49 Initial Disclosure Requirement

We all want/need to retire one day. Even though it seems like a distant problem, the more we do now the better it will be in the future. In this episode I interview Sam Kasper, a wealth management and financial planner, and learn some tips and tricks to getting on track with retirement planning, even after divorce, and some things to consider during the divorce process to help jump start your future retirement. 

Retirement Planning after Divorce

Before you go to a Resolution Management Conference (RMC), you will almost certainly have to file a Resolution Statement. The rules require it to be done shortly after the initial disclosure and most court orders scheduling an RMC will order it to be done, usually one week or so before the RMC. In this episode I discuss the rule on Resolution Statements, their purpose generally, and I go over the court form step by step so you can be ready to fill out and file your own Resolution Statement. 

Filing a Resolution Statement

Most people going through a divorce will end up going to a Resolution Management Conference. For many, this will be the first time going to court in their divorce case. Thus, you might be wondering what is a Resolution Management Conference, what do you need to know about it, and how can you prepare for it. I cover it all in this episode to help you get ready for your first RMC.

What is a Resolution Management Conference?

Divorce can be daunting and/or feel so permanent, and so sometimes the thought of a legal separation is more palatable. What's the difference between a legal separation and a divorce? Well, not as much as you might think. They are far more similar than different. Learn the differences and why you might want to choose a legal separation instead. 

Legal Separation vs. Divorce

Wondering what happens right after filing for divorce? When do you get support? Who gets to stay in the house? When do you get the kids? In this episode I discuss temporary orders under 25-315 and the various types of orders the court can enter during the pendency of your divorce case. 

Motion for Temporary Orders

Filing for divorce is relatively straightforward, however, it's not necessarily easy either. Learn some of the statutes that you should be aware of before you even file to know if you can file for divorce in Arizona, as well as what you should be filing and where. To learn more, I have created a free online course announced in this show, which can help you with every step in the process and provides resource links to the courts, free forms, and how to save some money on filing fees. 

How to File for Divorce

Divorce can be incredibly emotional, and involve a lot of people telling you what you should do. Over the years I have seen 5 common things people do that are self-destructive and have a negative impact on their divorce. Learn from others and avoid these 5 things to have a better divorce. 

5 Reasons You are going to Lose Your Divorce

Arizona Divorce Podcast is a show dedicated to providing legal information and insights on all things related to divorce. Not everyone can afford an attorney, but everyone going through a divorce needs a good source of legal information. That's where Arizona Divorce Podcast can help with episodes covering topics like custody, child support, alimony, property division, and much more.

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Arizona Divorce Podcast

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