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.

My Spouse and I Just Separated, What About our Kids: A Legal Guide to Arizona’s Parenting Time & Legal Decision-Making Process By Amanda Carrizales In Arizona there is no "custody." What is known as "custody" is broken out into two parts: legal decision making and parenting time. Parenting Time You may have heard people refer to the term “custody” or “visitation” when dealing with the scheduled amount of time each parent has physical time with the child(ren). In Arizona, what you may think of as "custody," (the physical, in-person time you spend with your child) is called “parenting time.” TERM TIP: "PARENTING TIME" = physical, in person, time with the child(ren) What does that mean? Each parent during their scheduled parenting time has the responsibility of providing the child with food, clothing, and shelter and may make routine decisions concerning the care of the child. What is a parenting plan? A parenting plan is your plan to see your child(ren). Parenting plans should be detailed and should include (1) a schedule for when you have the child(ren) and when their other parent has the child(ren), (2) a time and location for exchanges to take place, (3) who is transporting the child(ren) (i.e. will they be dropped off? picked up?) What are my options for a parenting schedule? Your parenting schedule can be whatever you make it, whatever makes the most sense for you and your family. However, there are some regular parenting time schedules that families tend to use: "Week On/Week Off" - Exactly how it sounds, a week on/week off schedule has the child(ren) spend one week with one parent, then the next week with the other parent. This schedule works best with older children, and is normally not recommended for infants/young children. For younger children, shorter, frequent, parenting time visits with each parent are preferable for their development. “5-2-2-5” - A 5-2-2-5 plan is where one parent has Mondays and Tuesdays overnight, the other parent has Wednesdays and Thursdays overnight, then the parents alternate Friday-Saturday-Sunday overnights each week. This schedule is a two-week rotation. "2-2-3" - A 2-2-3 parenting schedule means that the child(ren) are with one parent for two days, then the other parent for two days, before returning to the first parent for three days. A 2-2-3 schedule is considered an alternating schedule, which means that your parenting time days will alternate every week, meaning, one parent won't always have Mondays. A benefit to this schedule is that you get to have parenting time on various days. A downside to this schedule is that you will not always have parenting time on a set day, Monday for example, which can be harder for making plans. I want to have "sole custody". It is very difficult to get sole parenting time. Arizona family courts lean heavily towards child(ren) having access to both parents, on an equal parenting time basis. In fact, one of the factors courts look at when determining parenting time is which parent is more likely to encourage a frequent, meaningful, and continuing contact between the child(ren) and the other parent. However, in specific instances of very serious endangerment, the court may limit or require supervision of one parent's parenting time. Legal Decision-Making What is Legal Decision Making? The courts differentiate between the physical time you spend with your child and the major decisions a parent can make legally for the child, such as education, and health. TERM TIP: "LEGAL DECISION MAKING" = major education and health decisions for the child(ren) Joint Legal Decision Making Joint Legal Decision Making is when both parents discuss and make decisions concerning the children's health and education together. Neither party has final say, or "veto power" over the other. Final Say If two parents are incapable of reaching a decision as to the child(ren)'s education or health, you can ask for "joint legal decision making with final say." Both parents will still have to discuss decisions, and try to reach an agreement, but if no agreement can be reached, one parent gets to make the decision. Oftentimes, if a parent has final say, it is to only healthcare decisions or only educational decisions. Can I get sole legal decision making? Parents can always agree for one parent to have legal decision making, or to have sole legal decision making just for healthcare decisions or just for education decisions. Courts are not inclined to award one parent sole legal decision making unless it is absolutely necessary. Some circumstances that the Court may consider are: Drug or alcohol abuse Child abuse Domestic violence involving the kids Criminal history Severe mental health issues One parent's refusal to allow the child(ren) to receive medical treatment Who decides the legal decision-making and parenting time? You! Parents can always agree between themselves, and then have their agreement filed or put on record with the Court. If an agreement is not on the record or in writing, and signed by both parties, then it is not enforceable. If you have reached an agreement as to parenting time and legal decision making, write it down, and make sure you both sign it. If you cannot reach an agreement, then the Court will decide. However, you know yourself and your family the best, so it is always preferable to reach an agreement as opposed to letting the Court decide. Do I have to have the same schedule forever? No. Over time, and with changing circumstances, you can modify parenting time and legal decision making. These modifications can either be made by agreement of both parents or by a Judge. LEARN MORE See A.R.S. § 25-401 for the definition of Legal Decision-Making and Parenting Time. See A.R.S. § 25-403 for the factors the Court considers when making a decision

What is “legally single," and can you follow in Kim Kardashian’s footsteps and do the same thing? After a tumultuous few months following filing for divorce in 2021, as of March 2, 2022, Kim Kardashian has been declared “legally single” by California judges. If you are going through a divorce or thinking about going through a divorce, you might wonder what it means to be “legally single,” and how/if you can do the same thing. What is it? “Legally single” is a phrase Kim Kardashian has used to bifurcate (split) her divorce proceeding into two parts- separating her relationship status and legal name from assets and child custody. Bifurcation is used to allow one party to move forward with their romantic life as a single person, while dealing with other more complex matters like finances and parenting. Kardashian’s argument was that her husband, Kanye West, was never going to move forward with divorce (as he had been skirting divorce court dates and paperwork) proceedings, and that she wanted to be able to move on. So essentially, “legally single,” is part one of a two part divorce proceeding, that allows a party to not be married, while not yet being fully divorced. Can you become “legally single” in Arizona? The short answer is, no. Arizona does not allow bifurcated divorces, and therefore, there is no way to become “legally single,” before completing the other requirements of the divorce process. Kim Kardashian is getting divorced in the state of California, a state which, by statute, permits bifurcated divorce. California Family Code § 2337(a) allows the court (in California) to sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage, apart from other issues (like assets and childcare). In Arizona, Arizona Revised Statute Section 25-312(4) requires the court to divide the parties’ assets and debts, enter child custody orders, enter child support, and, if appropriate, enter spousal maintenance when issuing a divorce decree. The court therefore, is not allowed to grant a divorce decree without first resolving other matters like assets, debts, custody, and support. Further, the Arizona Supreme Court held that the use of separate judgements to resolve issues of marriage dissolution and property distribution is erroneous. Porter v. Estate of Pigg. So, in Arizona, you cannot separate out the different “parts” of a divorce, allowing a party to be “legally single” separate from all the other matters. What can you do? In Arizona, before a divorce is final you can still legally change your name, and enter into binding partial agreements that allow you to resolve one matter, like property or custody, before the divorce is final. This normally happens when the parties are stuck on one matter, but want to move forward/resolve other things that they agree upon.