Gtgt RYAN Today, we’re with Judd Nemiro. Judd is a divorce attorney in Phoenix, Arizona. If you’re in the process of getting a divorce or are considering it, and have a number of questions, this tutorial might be pretty beneficial to you. In addition to the tutorial itself, he’s agreed to answer your questions, directly. All you have to do is go down to the Comment section, below, post them, and typically within 48 hours Judd can get back to you with an answer on that. If you have a pressing concern, you can reach out to him, directly. His contact.
Information is in the information below this tutorial. With that said, Judd, let’s go to our first question that was posed to you. The first one years ago I agreed to joint custody of my children. I would like full custody, now. Is that even possible gtgt JUDD Yeah, thanks Ryan. Some preliminary thinking, in Arizona, we no longer use the word custody, legally. A lot of people that come to see me, potential clients, are still using the word custody, but I try to, for clarification purposes, let them know as of.
2013 they now call it legal decision making. We no longer use the word custody. We also use the term parenting time. The last issue, when you are speaking about children and divorce law, is child support. When they have joint custody in the past, prior to 2013, that means join legal decision making, now. The question is they would like full custody, now. I hear people mention that, a lot. Typically, what they mean is that they want sole legal decision making or they want more parenting time. I think we need to define both of those in order.
Phoenix Divorce Attorney Answers Your Law Questions
To answer this question. First of all, parenting time is how many days you will see your child in a given year. There are 365 days in a year, so if you’re seeing them 182.5 days, you have what is called equal parenting time. You can have different schedules like week on, week off, in order to exercise that equal parenting time on a week to week basis. Legal decision making, formally known as custody, is really the ability to make educational, medical, and religious decisions for your children or to raise the children as you see fit. When.
People say full custody, they usually mean that they want most of the parenting time and sole legal decision making. Arizona, along with changing the language used to describe custody or legal decision making, in 2013, also made it harder to get sole legal decision making. Typically, what I tell people is sole legal decision making is really reserved for if one of the parents is a child molester, abuser, or neglecter, if there has been a lot of domestic violence in the relationship between the parents or to one of the children,.
Drugs and alcohol abuse, felonies, misdemeanors, or sexual offenders, and things like that. If none of those are present, it will be difficult to get sole legal decision making or full custody from the courts. Arizona wants to do equal parenting time and joint legal decision making because the public policy is seeing both parents an equal amount of time and both parents being involved is what’s best for the kids. gtgt RYAN Alright. Next question we had was is it possible to get alimony if I make more money than my husband.
Gtgt JUDD That’s a good question and there’s a lot of spouse 000353.00 questions I get. We call them, in Arizona, spousal maintenance. A lot of other states call it alimony but it means the same thing. It is a monthly payment, after the divorce, to your spouse for a period of time. Each state, I think, is quite different. In Arizona, it is one of the most difficult things in divorce law to predict. When people ask me how much they can get it is very difficult to predict. They even have a story that goes around Maricopa County that they had an education.
Seminar with 10 family judges. They asked them the same question and they came up with 10 different answers for the numbers on spousal maintenance. It’s difficult to say. The question is if I make more money than my husband can I get alimony Typically, if you’re making more money than your husband, it is going to be difficult to get spousal maintenance. Spousal maintenance is on a need basis. If you’re making more than your husband, then you don’t necessarily need the money to live. Also, it is based on ability. Your husband.
Isn’t going to have the ability to pay you spouse maintenance because you’re making more than him. I think that is going to be the answer across the board. If you’re currently making more than your husband at the time of the divorce, the chances for spousal maintenance will be quite low. gtgt RYAN I understand. The next question we had is after an agreement is reached in court, will I have to return to court at a later date gtgt JUDD This just depends. In Maricopa County, where I practice, and in Arizona, the judges.
Really like for the parties to agree. In Arizona, you can agree upon anything you want within the divorce law or it can be anything else that the parties want. The judge will typically sign that agreement as an order. If you reach an agreement at court, which is typically not the place that you would reach one, but if you do reach one, and say it finalizes all the issues, you probably would not have to come back. We’d file something called a consent decree. It would be signed by the judge and the divorce would be over with.
That goes for other family law cases where parties weren’t married but they have children together, and such. Typically, if you reach an agreement on all of the issues, you don’t have to go back to court. gtgt RYAN Okay. This one was specifically asked to you. Do you offer payment plans gtgt JUDD Payment plans, I don’t do, per se, and I’ll explain. Most attorneys, in my jurisdiction, ask for a retainer payment and that retainer payment is going to sit in the trust account. That money is really there so the attorneys know there is money to draw upon as we work.
A case. The idea is that when we invoice we take money from the trust account based upon what we have earned. We ask the client to replenish the trust account up to a certain minimum amount. In that respect, it is a bit of a payment plan because you are paying of a period of months. You aren’t paying $10,000 for a divorce right up front. Depending on how long the divorce takes, you’re paying over a period of time depending on how much work is done. Typically, though, when people call and request payment plans they may say.
They can pay $200 a month or $300 a month. Given the demand of myself and other family attorneys, we typically will get the retainers and, at least in my jurisdiction, there’s a supply of clients with those. So, we don’t do payment plans such as that, mainly because take a divorce. The divorce is going to be over before you are paid in full, as an attorney. We try to be paid before the case is over with or as we are working on the case. You might be able to find some attorneys that do payment plans but typically they aren’t.
Going to do a very good job for you. gtgt RYAN Okay. Last question. Can a prenuptial agreement be broken gtgt JUDD That’s a good question. I always advocate for people to have prenuptial agreements prior to marriage, especially in Arizona, because there are some things about the law here that I feel are unfair in certain situations. What the question is asking is can it be voided upon divorce The most common prenuptial agreement that I do says everything in the marriage is still going to remain as a separate asset or debt to the individual parties. That overrides.
The original law that basically says the contrary, that everything in a marriage is the property or debt of a fictitious entity called the community, where both people are equally responsible on that. There is case law out about prenuptial agreements being invalidated. They go along these fact patterns. Say, for example, you had the wedding. It was planned, all the family is in town, you’re going to walk down the aisle the next day, and your husband throws out a prenuptial agreement in front of the wife and says to sign it or he’s not going.
Through with this. That type of proximity to the marriage date is considered a reason to void a prenuptial agreement. The wife, under these circumstances, was under duress. Another one can be if both parties are not represented by attorneys. I always like to pick on the husband. If the husband has an attorney and the wife does not, that can be a reason to invalidate a prenuptial because she wasn’t aware of what she was giving up. Again, the prenuptial agreements mandate that there be a full disclosure of assets and debts.
At the time of the marriage. If the wife doesn’t know what she is giving up and there is not full disclosure of what people are coming to the marriage with, that is a reason for invalidation of the prenuptial agreement. Those three reasons are the main reasons as to why they are invalidated. Besides that, the prenuptial agreement will be honored during a divorce. gtgt RYAN Alright, that’s pretty interesting, actually. Judd, I want to thank you for your time. For those of you watching, like I mentioned, he has agreed to answer some questions directly.