What do you do if you have a covenant marriage and you want a divorce?

By Jessica M. Cotter, Esq.


I have only assisted with 2 divorces that involved a Covenant marriage in my 10 plus years of practice.  Many attorneys have never come across the dissolution of a Covenant marriage.  If you want to get a divorce with this type of marriage the court has to find that one of the following is true:

1. Both parties agree to the divorce;
2. The person being served with the petition for dissolution (the respondent) has committed adultery;
3. The respondent has committed a felony and sentenced to death or imprisonment in any form of jail;
4. The respondent has not lived in the marital home for over a year before the filing for divorce;
5. The respondent has physically, sexually or emotionally abused you, a child or relative of yours as defined in A.R.S. 13-3601;
6. You have  lived apart for two years before you filed the petition for  dissolution;
7. You have lived separate and apart for a year after you were legally separated through the court; or
8. The respondent is abusing  drugs or alcohol.


It is not a simple process to get a divorce when you have a covenant marriage. I would consult an experienced family law attorney in your area to assist you with this process.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

If situations change after you are divorced, what do you do?

By Jessica M. Cotter, Esq.


Child custody/decision making

If there has been some difficulty co-parenting with the other parent or the other parent has had some personal issues that demonstrate their inability to parent, you may feel that action must taken to correct or change the situation.  The changes must be substantial and ongoing. The standard to be met is set out in Arizona  Revised Statues section 25-411.  If you want to file for a modification, then you need to make sure that you are in compliance with Rule 91(D) of the Arizona  Rules of Family Procedure. The rule requires you to file and serve the following:

1. A Petition to Modify Legal Decision making that states what the changes are and how drastic the changes are and that they will not improve. This needs to be notarized or if it is not then you need a sworn statement regarding the changes.

2. A Notice of Filling Petition for Modification of Legal Decision making.

This is just to get the process started. After the filing and service on the opposing party you must wait 25 days after the documents are served in Arizona (35 days if the service is out of state). Then you may provide a Request for Order Granting or Denying Custody Hearing to the Judge. If the court grants your hearing then you have to present your evidence to the court and there are no guarantees. I would highly recommend that you review your case with an experienced family law attorney before you file anything with the court.

Please check out next week’s blog about how to change parenting time.

The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th avenue
Suite F-186
Glendale, Arizona 85308
Jmcotterlaw.com
Jessica.Cotter@azbar.org
602-843-3004

Keep Estate Planning Documents Current

By Harry J. Lenaburg, Esq.

Sometimes it takes a near tragedy to remind one how important it is to maintain your Estate Planning documents, with the most current information.  Suppose you had named your son as executor of your Will or as the individual with decision making authority under your Medical Power of Attorney.  On active duty in the military, that son is honorably serving us all overseas.

In a medical emergency your appointed agent is unavailable.  The remedy for this dilemma is to appoint an alternate executor or agent.  The language is simple, “In the event X is unable or unwilling to act as my (attorney in fact/agent/executor for example) I hereby appoint Y as my . . .

It is essential that you plan for contingencies.  If your estate planning documents are old, or the situation has changed (for example children were minors when you prepared your Will, and are now in their 20’s or 30’s)  I urge you to speak with an experienced Estate Planning Attorney to discuss your options, and modify any Estate Planning documents that should be updated.


The Law Firm of Jessica M. Cotter, P.L.L.C.
18301 North 79th Avenue, Suite F-168
Glendale, Arizona 85308
602-843-3004
Jmcotterlaw.com
Jessica.Cotter@azbar.org