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Morse Law Group works with clients to create long term sustainable solutions, with a focus on non-adversarial resolution, including collaborative divorce and mediation Acerca de COLLABORATIVE DIVORCE Collaborative Divorce Is Designed To Be Faster And Better At Morse Law Group, we have seen firsthand how collaborative divorce can not only improve the overall experience of the legal process, but leave all parties and their children in a better post-divorce relationship in the long run. Traditionally, divorce can be a combative and destructive experience that not only dissolves a marriage, but also often poisons an already strained relationship. Especially in families where children are involved, a divorce does not spell the end of your relationship with your ex-spouse, but adversarial divorces are notorious for creating toxic relationships. While any divorce is likely to be a painful experience, the collaborative divorce process puts the focus on negotiation and the preservation of dignity for both parties. Collaborative divorce encourages parties to resolve their differences justly and equitably. The entire collaborative divorce team relies upon an atmosphere of honesty, cooperation, integrity and professionalism. The Benefits Of Collaborative Divorce Collaborative divorce is not a viable option for every couple, particularly when abuse or violence has taken place leading up to the dissolution, but particularly for parents, collaborative divorce is a beneficial option for a variety of reasons. It Attempts To Minimize The Negative Economic And Emotional Consequences Of Divorce Without having to take a constant adversarial stance, issues such as child custody, spousal maintenance, property division and discovery of financial information, which can drag on in court for months, can sometimes be settled in a few private collaboration sessions. You Are In Control In a collaborative divorce, Morse Law Group will help you make informed choices for your future and your children. The goal is to help the divorcing couple work successfully within the collaborative divorce structure. Our goal is to achieve a positive resolution that minimizes the negative economic, social and emotional consequences that families often experience in traditional adversarial divorce processes. You Still Have Legal Counsel While you are in control of your decisions, you will be represented by an attorney who will advise you of the legal ramifications of your decisions. Both sides still have attorneys, they just agree to be open, have full disclosure and agree to resolve the conflict outside of the courtroom. It Is A Private Process Litigation is a matter of public record that can expose the personal details of your divorce to the public. Not so with collaborative divorce. It Is Often Better For Children Adversarial divorces can encourage parents to attack one another in an effort to “win.” Unfortunately, this approach can profoundly impact your children. Couples who work collaboratively on the terms of their parenting plan are more likely to have a more positive, workable post-divorce relationship within which to parent their children. Let’s Work Together Whether you want to negotiate a reasonable settlement through a collaborative divorce process, or need to pursue a traditional adversarial divorce, Judith Morse and her team have the experience and ability to provide reliable and effective representation. Contact our office today online or call us at 602-277-6900 to schedule an appointment. First Name Last Name Email Lets stay family focused! Message Send

Reach out today for help or a consult regarding your custody questions, concerns or issues, Morse Law Group is a family focused firm, ready to help Acerca de Spousal Maintenance Spousal Maintenance Worksheet What is Spousal Maintenance? In Arizona, "alimony" is referred to as spousal maintenance. Spousal maintenance is financial support that one spouse may be required to pay to the other after a divorce or legal separation. Spousal maintenance can be court-ordered or agreed upon. A.R.S. § 25-319 governs spousal maintenance. Before calculating spousal maintenance, the threshold question is whether or not a spouse is "entitled" to spousal maintenance. A.R.S. § 25-319(A) sets out the considerations for determining whether or not a party is entitled to maintenance. If a party is able to be self sufficient, they will not be entitled to spousal maintenance, as spousal maintenance is only awarded to enable the receiving spouse to become self-sufficient. Once entitlement is established, the Arizona Spousal Maintenance Guidelines, calculate an amount and duration range based on the age of the parties, the length of marriage, and each spouse's respective annual income. Please Note: The court may award spousal maintenance pursuant to the guidelines only for a period of time and in an amount necessary to enable the receiving spouse to become self-sufficient . Spousal maintenance therefore does not provide the receiving spouse with indefinite financial support. During the pendency of a divorce or separation, temporary spousal maintenance can be awarded or agreed upon, and counts towards the overall duration of spousal maintenance within the duration range prescribed by the guidelines. Calculating Spousal Maintenance Spousal Maintenance is calculated using the Arizona Spousal Maintenance Guidelines. The Guidelines were most recently updated, effective September 1, 2025. Here is a link to the Guidelines themselves: Arizona Spousal Maintenance Guidelines (effective 9/1/2025) The calculation however is done on on the "Spousal Maintenance Calculator," which produces a "Spousal Maintenance Worksheet." The Superior Court of Maricopa County provides two free versions for parties and attorneys to use when calculating spousal maintenance. Here is a link to the free/public spousal maintenance worksheets: Spousal Maintenance Calculator It can be easiest to download the "Excel Version," then just input the information, and review the amount and duration ranges calculated by the guidelines. The ultimate spousal mainteance award (if a party is entitled to spousal maintenance) must fall within the amount and duration ranges. There are rare circumstances where a deviation from the amount may be allowed, or where the Rule of 65 is applicable. Consult an attorney to discuss if these apply to your case. Is spousal maintenance an issue in your case? If you’re unsure whether you may be entitled to spousal maintenance, required to pay it, or need to modify an existing order, our experienced family law attorneys can guide you through your options. Contact us below or by phone at 602-277-6900 to schedule a consultation and get clear, personalized advice for your situation First Name Last Name Email Let us help you focus on your family. Message Send

For many people, pets are as much a part of their family as their children. So, understandably, when going through a divorce, a question that often gets asked is "who gets to keep the pet?" The answer often surprises people. Pets are Considered Property Pets are not treated like children in an Arizona divorce. See Foor v. Smith, 243 Ariz. 594, 600 (App. 2018) “[a]nimals are not children”. Under Arizona law, they are considered personal property, meaning the court does not decide who is the "better pet parent," nor does it create custody or parenting-time schedules for pets. In the eyes of the law, your beloved Mr. Whiskers is treated much like any other piece of personal property, even your couch. As strange and "wrong" as that sounds, the Court's role is to award ownership of the property to one party, not to order you to share it after the divorce. Just as a Judge would never order you to exchange your couch every other week, the court generally will not order you to exchange your dog, cat, or gerbil either. Does the Court Order Pet Custody? In short: no. Unlike children, there is no legal framework in Arizona for courts to order: Pet custody Visitation schedules Shared parenting time Holiday schedules for pets Decisions based on the pet's best interests (who takes care of the pet more) Division of expenses (food, vet bills, etc.) If the parties cannot agree, the court will typically determine which spouse will receive ownership of the pet, or the pet will have to be surrendered to a shelter. To avoid having to make this heartbreaking choice, it is a good idea to address pet issues early on, and try to reach an agreement with the other side as to who keeps the pet, who will be responsible for the pet's expenses, etc. Can You Agree to Share the Pet? Absolutely. While family court will generally not create a "pet custody arrangement," there is nothing preventing divorcing spouses from reaching their own agreement if they both want to continue sharing a pet. For example, parties may agree that: The dog spends alternating weeks with each owner. One spouse keeps the pet during the school year while the other has the pet during the summer. The parties split veterinary expenses or grooming costs. One party has visitation with the pet on certain weekends. That the dog/cat/gerbil follow the same parenting time schedule as the children. In essence, when you exchange the kids, you exchange the pet. (Note: this is ususally only an option when the exchange takes place at each parties' homes, not when the "exchange" is picking up the children from school. If both parties agree, they can include "pet custody" or a "pet parenting plan" as part of their overall divorce settlement. How Does the Court Decide Who Gets the Pet? If the parties cannot reach an agreement, the court may consider traditional property principles, including factors such as: Who purchased or adopted the pet. Whether the pet was owned before the marriage. Whether the pet was a gift to one spouse. Other evidence relevant to ownership. Ultimately, the court's goal is to assign ownership of the property, not determine which home the pet would prefer, or which party is the better pet parent. We Can Help At Morse Law Group, we understand that pets are often cherished members of your family, even if Arizona law treats them as property. Whether you are negotiating a settlement or litigating disputed property issues, our experienced Arizona family law attorneys can help you protect what matters most and work toward practical, lasting solutions. If you have questions about how pets (or any other property) will be handled in your divorce, contact our office to schedule a consultation.

At the end of a family law case, the Court may order one party to pay all of, or a portion of, the other side’s attorney’s fees and costs. This is what is referred to as an “award of attorney’s fees.” In Arizona family law, attorney’s fees are governed by A.R.S. § 25-324. Unlike many other areas of law, attorney’s fees in family court are not based on who “won” or “lost.” Instead, the Court looks at two factors: The financial resources of each party; and Whether either party acted unreasonably during the litigation. The Arizona Statute: A.R.S. § 25-324 A.R.S. § 25-324(A) states: “The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this chapter…” This statute gives Arizona family court judges broad discretion to award attorney’s fees when appropriate. Attorney’s Fees Are Not About “Winning” Many people assume that if they “win” at trial, they automatically get their attorney’s fees paid by the other side, or that because the other side did something “bad” (i.e. infidelity) that they should have to pay attorney’s fees as a punishment. But that is not how things work in Arizona. A party will only receive an award of attorney’s fees if: there is a substantial financial disparity between the parties (meaning they have less financial resources and may be unable to afford their attorney); or the opposing party acted unreasonably. The award of attorney’s fees is only available to parties who have actually had to pay attorney’s fees. If you are a pro per litigant (if you are representing yourself) you cannot get an award of attorney’s fees. Attorney’s fees are viewed as a form of “reimbursement” to a party. The fees are paid directly to that party to “reimburse” them for what they have paid to their attorney. Financial Disparity Between the Parties One of the biggest considerations under A.R.S. § 25-324 is whether one party has substantially greater financial resources than the other. For example: one spouse may earn significantly more income; one party may control most of the marital assets; one party may have access to family financial support or business income; or one party may be unable to reasonably afford litigation expenses. The purpose of a fee award in these situations is often to level the playing field so that both parties can meaningfully participate in the litigation. Importantly, the Court does not require one party to be completely without income before awarding fees. The issue is relative financial disparity, not a complete lack of fianances/income. Unreasonable Conduct Can Lead to Fees The second factor is whether either party acted unreasonably during the litigation. Examples of unreasonable conduct may include: taking exceptionally unreasonable positions; failing to participate in the case; refusing to provide required disclosures; filing unnecessary motions; intentionally delaying proceedings; refusing reasonable settlement offers; refusing to respond to settlement offers; making frivolous arguments; failing to comply with court orders; or needlessly increasing litigation costs. The Court expects parties to act reasonably and in good faith throughout a family law case. When one party’s conduct causes unnecessary litigation or expense, the Court may order that party to contribute to the other side’s attorney’s fees. The Court Can Consider Both Factors Together In many cases, the Court considers both financial disparity and litigation conduct together. For example: A financially stronger party who also litigated unreasonably is at significant risk of a fee award against them. Conversely, even where financial disparity exists, a Court may decline to award fees if both parties acted reasonably throughout the case. These two factors may also cancel each other out: if Side A would be entitled to attorney’s fees because they earn significantly less, but Side B would be entitled to fees because Side A acted unreasonably, the unreasonable actions and financial disparity may cancel each other out and then neither party would receive attorney’s fees. The analysis is highly case-specific and ultimately left to the discretion of the judge. Attorney’s Fees Requests Must Still Be Proven Even though A.R.S. § 25-324 permits fee awards, they are not automatic. The party requesting fees typically must: formally request attorney’s fees; present evidence of financial disparity and/or unreasonable conduct; and provide documentation supporting the amount of fees requested. The Court then determines whether a fee award is appropriate and, if so, what amount is reasonable. What is a “China Doll Affidavit”? After the Court has determined one side is entitled to an award of fees it will issue an Order directing the receiving party to file a “China Doll Affidavit”. The term comes from the Arizona case Schweiger v. China Doll Restaurant, Inc., 138 Ariz. 183 (App. 1983), which established the requirements for proving the reasonableness of attorney’s fees. In family law cases, a China Doll Affidavit typically includes the attorney’s hourly rate, the work performed, the time spent on each task, and the total fees incurred so the Court can determine whether the requested fees are reasonable under A.R.S. § 25-324. The Court will then review the billing items, and determine the amount of the attorney’s fees awarded. The Court has complete discretion to determine the amount of the award. The Court may award 100% of the fees, but this is rare. The Court may also review each billing statement and only award fees for certain work performed. Final Thoughts When determining if a party is entitled to an award of attorney’s fees, the Courts in Arizona only focus on: whether there is a financial imbalance between the parties; and whether either party acted unreasonably during the litigation. It is not about “winning” or “losing”, and it is not a penalty for bad behavior during the marriage. If you are involved in a family law matter and think you may be entitled to attorney’s fees, we invite you to bring up the topic with your attorney, or book a consultation with our firm today!

If your ex has remarried (or you have), a question that is commonly asked is: does a new spouse’s income affect child support?  In Arizona, the short answer is no . The Rule: Applying the Arizona Child Support Guidelines Under the Arizona Child Support Guidelines, child support is calculated based on the income of the child’s parents only . A new spouse, whether yours or your ex’s, is not a legal parent of the child and therefore their income is not included in the child support calculation. Why Not? Arizona law focuses on the financial responsibility of the child’s biological or adoptive parents. A stepparent has no legal duty to financially support a stepchild (absent adoption), so their earnings are not considered when determining support. Are There Any Exceptions? While a new spouse’s income is not directly counted, it may come up in limited ways: Deviation requests:  In rare cases, a court may consider overall financial circumstances when deciding whether to deviate from the standard guideline amount—but even then, the spouse’s income itself is not treated as part of the parent’s income. (Everyone's case is different. To evaluate your likelihood of deviating from the guidelines, consult an attorney). Bottom Line Your new spouse’s income—and your ex’s new spouse’s income— does not count toward child support in Arizona . Support is based on what the child’s legal parents earn, not their new partners. If you’re dealing with a child support issue involving remarriage, it’s worth getting reliable and informed legal advice to understand how the Arizona Child Support Guidelines apply to your specific situation. To book a consultation with one of our attorneys please call 602-277-6900.