Arizona Criminal & Family Law Blog

Proposition 114 Protects Victims of Arizona Felonies

Tue, 13 Nov 2012 00:00:00 EST

Most people have heard of the case where a burglar broke into a house, injuring himself and later suing the homeowner. The burglar in question won, and was awarded damages.

While that particular story has evolved into somewhat of an urban legend, there are several examples of real-world cases where criminals were injured in the act. These criminals were later able to sue the victim of their initial crime for negligence, and often successfully settled for large sums of money.

Of course, we all hope that judges or juries will exercise good sense and protect the victims of Arizona criminals from erroneous lawsuits intended to intimidate or further antagonize. Elections earlier this month saw overwhelming voter approval for the Arizona Crime Victim Protection Act, or Proposition 114. Proposition 114 aims to amend the Arizona Constitution, preventing criminals from suing the victims of their felony crimes should they be injured while committing these felonies.

The proposition’s amendment reads, “…a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense.” There are already two statutes in place that prevent criminals from filing lawsuits against their own victims, but one was found to conflict with the state Constitution in a 2006 appeal, as it limited the right to sue.

In the weeks leading up to the election, the Arizona Democratic Party encouraged Arizonans to vote against Proposition 114. A spokesperson, Frank Comacho, said that despite it being a redundant measure, the results in its favor spoke volumes of voters’ feelings on the matter.

Despite the amendment’s supposed redundancy, victim’s rights are an important matter that Arizona voters felt strongly about in the elections. If you or someone you love is a victim of a felony crime in Phoenix or the surrounding areas, the Phoenix attorneys at Curry, Pearson & Wooten will work hard to ensure that your rights are protected—call today at 888.929.5292 or 602.258.1000 for a free, confidential consultation.

Divorce Mediation in Phoenix, AZ: A Beginner's Guide

Tue, 13 Nov 2012 00:00:00 EST

While people may traditionally hear the word “divorce” and picture an angry and emotional legal battle, the fact is that divorce can also be a fairly civil proceeding.

Couples pursuing a divorce in Phoenix have many important agreements to reach, such as division of assets and alimony awards. Perhaps the most critical agreement that must be settled on is a solid plan for custody, care, and visitation rights of any children that the couple shares.

The Benefits of Phoenix Divorce Mediation

If you and your spouse are both “on the same page” as far as your separation, the standard divorce procedure may not seem like the right fit. It may seem unnecessary to hire an expensive Arizona divorce lawyer to help you negotiate issues that you both agree on. Since these issues must all be made legally binding, however, going it alone is simply not an option.

In this type of situation, one in which you and your spouse are relatively amicable, mediation may be a suitable option. A mediator is a neutral third party that can help both you and your spouse reach common ground on many issues that accompany a divorce, namely in matters of custody.

Unlike a traditional court hearing in which a judge ultimately decides on issues for you, you and your spouse are reaching agreements together in mediation. Both of you must be willing to make small compromises in order to settle on important issues, which results in a mediation agreement that you can both live with.

Hiring an Arizona Divorce Mediation Attorney

While your attorney is not able to be present during the actual mediation, he or she will serve an important role in helping you prepare for your mediation, and put into motion the agreements reached mutually by you and your spouse.

It is important to choose an attorney that is experienced and knowledgeable in the art of divorce mediation in Phoenix and the surrounding areas. The Phoenix family law attorneys at Curry, Pearson & Wooten will work hard to ensure that you and your family achieve a satisfying resolution to the challenges brought on by divorce. For a free, confidential consultation, contact them today at 888.929.5292.

Do Drug Dogs in Arizona Make Mistakes?

Mon, 09 Jul 2012 00:00:00 EST

Although drug-sniffing dogs are often used by police in Arizona to detect drugs in a vehicle, many people have raised concerns about their reliability. K9 units are not infallible, and it’s possible that a dog may make a mistake that leads officers to search your car. Our Phoenix drug lawyers understand that K9 units may make mistakes if they are:

Overworked. Dogs may make mistakes if they are overworked or have been working too long without a break.
Undertrained. If a dog has not been properly trained or is not experienced, then the dog might respond to other items, get distracted, or simply alert in hopes of receiving a treat.
Improperly handled. Even a well-trained dog may make mistakes if the handler is not trained or makes a mistake.
Taking cues from the handler. Research has shown that many drug dogs take cues from their handlers. For example, a dog may pick up on the body language of a police officer who believes you have drugs.

If you have been arrested in Arizona after a drug dog alerted police, it’s important that you seek the help of a professional as soon as possible. Our Phoenix criminal lawyers can investigate your case and determine if there may have been a problem with the dog used to search your vehicle. Speak with us today at 1-888-929-5292 to schedule a completely free and confidential legal consultation with a skilled Phoenix drug lawyer, or simply fill out our easy online contact form. For more information, don’t forget to also request a FREE copy of our helpful book Arizona Criminal Law – What You Must Know.

How Is Money from Illegal Drugs "Laundered" in Arizona?

Tue, 26 Jun 2012 00:00:00 EST

As Phoenix criminal lawyers, we know that many of our clients are surprised to see “money laundering” charges added to the felony drug charges against them. If fact, many clients were not aware that what they were doing was, in fact, considered money laundering.

Here are some of the situations that may lead to additional money laundering charges in Arizona related to your felony drug case, whether or not you were aware at the time that you were “laundering” those funds:

Breaking up large cash deposits of proceeds from illegal drugs into smaller deposits so as not to raise suspicion.
Using illegal drug money to purchase cashier’s checks or money orders.
Transferring money from illegal drugs between several bank accounts.
Asking another person to deposit cash from illegal drug sales in Arizona to their own bank accounts.
Paying another person with proceeds from illegal drug activity.
Accepting payment with money you have reason to believe came from drug-related activity.

Arizona felony drug charges can be serious enough on their own, and the addition of money laundering charges can lead to a much more severe penalty if you are convicted.

If you have questions about the money laundering charges against you, or if you have been arrested on felony drug charges and need effective legal counsel in your case, please contact an experienced Phoenix drug offense lawyer with Curry, Pearson & Wooten at 1-888-929-5292, or simply fill out the confidential contact form on this page.

For more information about drug offenses and other criminal charges in Arizona, please see our FREE and informative book, Arizona Criminal Law – What You Must Know, which you can request by giving us a call today.

Choosing a Phoenix Criminal Lawyer for Illegal Control of Enterprise

Sat, 23 Jun 2012 00:00:00 EST

If you have been charged with illegal control of an enterprise in Arizona relating to the sale of illegal drugs, you are likely facing a complex and difficult trial with many different felony charges involved. Arizona treats these crimes very harshly, and you could be facing many years in prison, huge fines, and extended probation after your release. Your best course of action after you have been charged with illegal control of an enterprise is to get in touch with a skilled Phoenix criminal defense lawyer who can help you start building a strong case in your defense.

Here are some questions you should ask yourself before hiring your Phoenix criminal attorney:

Does he or she have experience and a successful history with drug offense cases?
Do I feel comfortable talking with him or her, and do I understand the answers to my questions?
Can he or she explain what is happening in my case in terms I understand?
Is he or she familiar with the laws and courts in my local area?

If you can answer “yes” to all of these questions, then you may have found the right attorney to help you with your case. If you’d like to speak with a qualified attorney with Curry, Pearson & Wooten, simply give us a call today or use our confidential online contact form.

To learn more about criminal defense and felony drug crimes in Arizona, please give us a call today at 1-888-929-5292, and request your free copy of our informative guide, Arizona Criminal Law – What You Must Know.

What Happens if I Consent to a Drug Search in Arizona?

Wed, 06 Jun 2012 00:00:00 EST

The majority of searches conducted without a warrant in Arizona are searches conducted with consent. If you consent to a search, the police do not have to have probable cause to search you, your home, or your vehicle, and they can use any evidence they find during the search against you in court. As a Phoenix criminal attorney, I have a great deal of experience with the law surrounding consent searches and felony drug crimes in Arizona. If you have been arrested for drug possession in Phoenix after a consent search, I want you to know that you may still have options.

Do I Have Options after a Consent Search Leads to My Arrest?

The law regarding warrantless searches can be very complicated, and even a search you consented to may not be admissible in certain circumstances, such as:

You didn’t have authority to consent to the search.
You asked the officers to stop searching and they did not.
You weren’t old enough to consent to a search.
You were under the influence of alcohol or drugs.
You have a medical or mental health issue that interferes with your ability to give consent.
You were coerced or threatened into giving consent.

If you have questions about your rights after a consent search, speak with a Phoenix criminal lawyer as soon as possible about your case. We would be happy to meet with you in a completely free, no-obligation consultation and start building a strong case in your defense. Give us a call today at 1-888-929-5292 or fill out our confidential online contact form for more information.

Preparing to Separate Assets When You're Getting Divorced in Arizona

Mon, 04 Jun 2012 00:00:00 EST

If you are getting divorced in Arizona, you are probably at least a little concerned about separating assets with your spouse. Because you and your spouse have many shared assets over the course of your marriage, including everything from retirement accounts to lawn furniture, this can seem like a daunting task. You can combat that anxiety by getting prepared and organized.

One of the best ways to get started is to review and gather together important documents such as:

Financial statements and documents from investment accounts
Recent pay stubs for both you and your spouse
Tax returns from the past 5 years
Insurance policies, including car insurance, health insurance, life insurance, etc.
Retirement plans and employee benefits
Mortgage information or leases for rentals
Any documentation regarding previous property settlements, inheritances, or gifts

Keeping all of these documents together gives you a better idea of the assets you are working with and will help you, your spouse, and your lawyers when it comes time to start dividing property.

If you need help dividing property in a Phoenix divorce, speak with an experienced Phoenix family law attorney with Curry, Pearson & Wooten today at 1-888-929-5292. We would be happy to meet with you in a completely FREE, no-pressure consultation to address your divorce concerns.

We would also like to offer you a completely FREE copy of our informative book Arizona Family Law – How to Handle Tough Issues in Tough Times, which you can request by giving us a call or using the online contact form on this page.

Difference Between Marital and Separate Property in Arizona Divorce

Sun, 03 Jun 2012 00:00:00 EST

As a Phoenix family law attorney, I get a lot of questions from clients about how property division in Arizona divorce is handled. Arizona is a community property state when it comes to divorce, meaning that your and your spouse’s property will be divided into two categories: marital, or “community,” property and separate property. Marital property will be divided equitably between you and your spouse, and separate property will generally be excluded from this division unless you have a different agreement in place. So how is marital and separate property determined?

Community Property in Arizona

“Community property” includes both assets and debts that you and your spouse acquired over the course of your marriage. This might include both of your incomes, bank accounts, credit card debts, and family vehicles.

Separate Property in Arizona

Separate property will consist of property you owned before the marriage and kept separate throughout the marriage, and any inheritances or gifts that were received by one spouse. Determining separate property can sometimes be tricky because those assets may be considered commingled if shared or contributed to by your spouse over time.

If you need help separating assets in an Arizona divorce, seek the advice of a professional. Contact an experienced Phoenix divorce lawyer with Curry, Pearson & Wooten today at 1-888-929-5292. We’d be happy to meet with you in a completely free, no-pressure consultation to discuss your divorce concerns.

For more information about divorce, child custody, adoption, and more, please also request your FREE copy of our helpful book Arizona Family Law – How to Handle Tough Issues in Tough Times.

Getting Divorced in Arizona: What You Should Know About Commingling

Fri, 25 May 2012 00:00:00 EST

If you are getting divorced in Arizona, you probably already know that all of your assets will be divided into the categories of separate property or community property. However, although the line between community and separate property seems very clear, it is easy for some assets to fall somewhere in between. When community assets and separate assets blur together, which is common in most marriages, those assets can be said to be “commingled.”

What Happens to Commingled Property in an Arizona Divorce?

If you have property that was yours before the marriage, but which has now become confusingly commingled, you may be able to prove in court that it is still your separate property. You will essentially need to follow those assets back to their source as your sole property. It may also be possible to come to an agreement with your spouse that the asset in question is your separate property.

If you have commingled assets and need help figuring it all out, come talk to us in a completely free, no-pressure legal consultation. Our experienced Phoenix divorce lawyers serve clients in Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Fountain Hills, Paradise Valley, Avondale, Goodyear, Glendale, and Buckeye. We would be happy to answer your questions about property division, child custody, alimony, or any other issues you have regarding divorce in Phoenix and the surrounding areas.

The Phoenix family law attorneys with Curry, Pearson & Wooten are also happy to be able to offer you a completely free copy of our informative book Arizona Family Law – How to Handle Tough Issues in Tough Times. Just give us a call today at 1-888-929-5292 or use our quick online contact form.

Threshold Amounts, Intent to Sell, and Drug Possession in Phoenix

Wed, 23 May 2012 00:00:00 EST

If a person possesses an amount of drugs over the statutory threshold amount, prison could be imposed. The threshold amount is different for each type of illegal drug, and you can be charged with possession for sale even if you did not intend to sell the drugs found in your possession. The penalties for drug possession for sale are much harsher than those for just possession; possession for sale is always charged as a felony, and you could be facing mandatory prison time if you are convicted depending on whether the amount possessed was over the threshold amount or if you have prior convictions.

Common Phoenix Drug Possession Threshold Amounts

If you are in possession of an amount of the drug over the threshold amount, then it is assumed that you intended to sell it. Here are some common threshold amounts in Arizona:

Marijuana: 2 pounds
Heroin: 1 gram
Meth: 9 grams
LSD: ½ ml or 50 dosage units
Crack: 750 mg
PCP: 4 grams

In general, other drugs not listed here are generally considered over the threshold amount if they carry a value over $1000. Speak with your Phoenix criminal defense attorney if you need more specific information.

If you need help after you have been arrested in Phoenix, speak with a Phoenix drug possession lawyer as soon as possible for help. The Phoenix drug lawyers with Curry, Pearson & Wooten will fight hard to defend your rights and help you get the best possible outcome in your drug possession case. Just give us a call today at 1-888-929-5292.

Phoenix Drug Lawyer Explains Drug Case that Changed Car Searches

Wed, 23 May 2012 00:00:00 EST

As search and seizure cases go to the Supreme Court, our laws are clarified and a precedent is set for future cases. Over the last 15 years, the laws regarding when the police can search your car for drugs have seen several such clarifications. One of the most important of these cases took place right here in the state of Arizona.

In the 2007 case of Arizona v. Gant, it was determined that, “When the justifications no longer exist because the scene is secure and the arrestee is handcuffed, secured in the back of a patrol car, and under the supervision of an officer, the warrantless search of the arrestee's car cannot be justified as necessary to protect the officers at the scene or prevent the destruction of evidence.” Before this ruling, police were able to search your vehicle incident to arrest even after you were handcuffed in the back of a police car.

This ruling came about in this case after Rodney Gant, of Tucson, was arrested for driving on a suspended license and placed under arrest. Police searched his car after he was arrested, cuffed, and waiting in the police car. During the search, they found drugs in the car that led to Gant’s conviction in court.

If you need help after a drug arrest or police car search in Phoenix, speak with an experienced Phoenix drug lawyer as soon as possible. You can reach a skilled Phoenix drug possession attorney by calling Curry, Pearson & Wooten at 1-888-929-5292 today.

What Influences Sentencing for Oxycodone Drug Charges in Phoenix?

Mon, 21 May 2012 00:00:00 EST

If you have been arrested for possession of Oxycodone in Phoenix, whether for sale or for personal use, you are likely facing felony drug charges. As a Phoenix drug lawyer, some of the first questions I get from clients have to do with what kinds of punishments they will face if convicted.

Unfortunately, there is no easy answer. Sentencing for drug crimes in Arizona depends on a lot of different factors specific to your case. For example, your sentence will depend on:

How much oxycodone was in your possession
If you also had other drugs in your possession
If you have any previous offenses on your record
If it is determined that you sold oxycodone or intended to sell it
Any complicating factors, such as gang-related charges or weapons charges

If you have been arrested for possessing or selling oxycodone in Phoenix, your defense attorney may be able to reduce your sentence or have the charges against you dismissed. For specific information about your options and what kind of outcome to expect, you will need to speak directly to an experienced Phoenix criminal defense attorney.

Our experienced Phoenix drug attorneys would be happy to talk to you today about your drug offense case. We are experienced Phoenix criminal defense attorneys who will fight aggressively to defend your rights and prepare a strong case for you. Give us a call today at 1-888-929-5292 to talk to someone who can help.

For more information about what to expect after you are arrested in Arizona, also request your FREE copy of our helpful book Arizona Criminal Law – What You Must Know, which is completely free of charge to Arizona residents.

What to Do if You Are Arrested for Selling Drugs to a Cop in Phoenix

Mon, 21 May 2012 00:00:00 EST

Arizona has taken a firm stance against drug sales in the state, and the penalties if you are convicted can be very harsh, including big fines, prison time, and many years of probation. If you are arrested for selling drugs to a cop in Phoenix, the police will work hard to gather evidence against you before, during, and after the arrest. Here’s what you should do if you are arrested:

Inform the arresting officers that you want to invoke your right to remain silent.
Ask for an attorney, and get in contact with a Phoenix drug sale lawyer as soon as possible.
Do not share information about the case with your friends, family, or anyone else without consulting a lawyer.
Try to remember as much as you can about what happened before and during the arrest, writing it down for later reference if possible.

Taking these simple steps during an arrest may make a big difference when it comes time to build your defense. If you have any questions, or if you need help after an arrest for drug sales in Phoenix, speak with one of our experienced and dedicated Phoenix criminal defense lawyers today at 1-888-929-5292. We will work hard to defend your rights, build a strong defense, and get the best possible outcome in your drug sales case.

If you would like more information about what to do during and after an arrest in Arizona, don’t forget to request a FREE copy of our informative book Arizona Criminal Law – What You Must Know.

When should a bail bondsman be used to post bail?

Mon, 21 May 2012 00:00:00 EST

A bond has been set in a criminal case and people assume that they should go visit a bail bondsman to post the bail, right? Well, not necessarily. I always advise people to post the bail themselves if they have the money. One should only go through a bail bondsman if they do not have the cash to post the bond and need to use collateral (such as a home or car) as security for the bond. Here in Arizona, bail bondsman typically charge 10% of the bond amount as their fee. The bail bondsman then requires that you pay them the full bond amount or put up collateral worth the full bond amount is security for the bond. For example, if the bond set by the court is $50,000 then one would have to come up with $5,000 as a non-refundable fee to the bail bondsman and then give them another $50,000 or property worth $50,000 to hold onto in order to have them go down to the jail and post the bond. One could post it themselves at the jail and not have to pay the 10% fee. One should only use a bail bondsman if they do not have the cash to post the full bond and must use collateral as security for the bond.

Phoenix Marijuana Lawyer: Felony Charges for Marijuana Trafficking

Fri, 18 May 2012 00:00:00 EST

Marijuana transport and production are sentenced according to the marijuana trafficking guidelines under Arizona law. In general, this will mean a felony on your record if you are convicted. You may also face steep fines, drug rehab that you must pay for, and jail or prison time.

In some cases, however, you may be able to work with a Phoenix marijuana lawyer in order to have that felony charge reduced or even thrown out entirely. This will depend very much on the other factors in your case, and you should contact an attorney with any specific questions about your case.

In general, for the production of marijuana, you may be charged with:

A class 5 felony for less than 2 pounds of marijuana
A class 4 felony for 2 to 4 pounds of marijuana
A class 3 felony for 4 or more pounds of marijuana

In general, for transporting or importing marijuana in Arizona, you may be charged with:

A class 3 felony for transporting or importing less than 2 pounds of marijuana
A class 2 felony for transporting or importing more than 2 pounds of marijuana

If you have been arrested for marijuana trafficking in Arizona, contact one of our experienced Phoenix drug offense attorneys today at 1-888-929-5292. We will help you understand what your charges mean and answer your questions clearly and honestly. You can trust us to defend your rights, explain what happens next, and always fight hard for the best outcome in your Phoenix marijuana case.

If you would like more information about how a Phoenix marijuana lawyer can help and what to expect from your ongoing Arizona criminal case, request your FREE copy of our informative book Arizona Criminal Law – What You Must Know.

When Should a Police Officer Inform Me of My Rights?

Fri, 18 May 2012 00:00:00 EST

I have a lot of clients who tell me that an officer waited to read them their "rights" until a long time after an arrest. The "rights" that they are talking about are referred to as "Miranda rights" based upon a US Supreme Court case called Miranda versus Arizona. These rights are well known to many people because we hear them on every cop show on T.V.: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to attorney prior to questioning. If you can't afford an attorney than one will be provided for you."
These rights only apply to questioning by the police while IN CUSTODY. They generally do not apply to pre-custody questioning such as when a cop comes to the a scene to investigate and is asking questions trying to figure out who did what. "In custody" does not necessarily mean in handcuffs or at the police station. It could be somewhere else. The test of whether someone is "in custody" is based upon the particular circumstances and whether that person was free to leave. A person only has to be notified of these rights just prior to the questioning, not at the time of the arrest.

Arizona's New DUI Laws

Fri, 18 May 2012 00:00:00 EST

New laws on Arizona DUIs changed as of January 1, 2012. One of the biggest changes under the new law relates to incarceration. Now a judge can allow home detention on a misdemeanor DUI after serving only 20% of the initial jail sentence. For example, if the jail sentence is normally 30 days for a first-time extreme DUI, then the person would only have to serve 6 days in jail and then could be released to a home detention program to serve the remaining 24 days of the 30 day jail sentence. Some jurisdictions, however, do not have home detention programs currently in place so this may not apply. Another change in the law increases the maximum work release time from 5 days to 6 days per week.
The Motor Vehicle Department (MVD) has also changed some of the laws associated DUI offenses. For a first time regular DUI or extreme DUI, a person may only have to install an ignition interlock device for as little as 6 months (under the old law it was one year). The MVD also has established new rules that allow drivers to get restricted licenses for some second-time offenders and higher DUI offenses that used to require a revocation. The new laws only apply to offenses that were committed AFTER the new law went into effect. The old laws will still apply to DUI offenses committed before January 1, 2012.

Phoenix Meth Lawyer Explains "Dangerous Drugs"

Wed, 16 May 2012 00:00:00 EST

Under Arizona law, meth is considered a "dangerous drug.” The drugs included under the classification of “dangerous drug” in Arizona include, but are not limited to:

Methamphetamine ("meth" or "crystal meth")
LSD ("acid")
Hallucinogenic mushrooms
GHB
Lorazepam (Ativan)
Mescaline
Anabolic Steroids
Ecstasy
Clonazepam (Klonopin)
PCP

Dangerous drug crimes come with their own sentencing guidelines, and even possession is charged as a felony. If you have previous convictions on your record or you are charged with selling or manufacturing meth, the penalties can be even steeper. A Phoenix meth lawyer can help you build a strong defense, and potentially reduce the penalties you suffer or have your case thrown out altogether.

The outcome of your Phoenix meth arrest depends on many factors, including your previous conviction history, if there was a weapon involved, if it is determined that you intended to sell or distribute, the strength of the evidence in the case, etc. An experienced Phoenix drug lawyer is ready to help you sort through your options at 1-888-929-5292. Just give us a call or use our online contact form to get answers to your questions. We would be happy to meet with you in a completely FREE, no-pressure consultation to talk about your situation.

For more information about who we are and what we do, request your completely FREE copy of our informative book Arizona Criminal Law – What You Must Know.

Social Security and Reducing Child Support in Arizona

Sun, 13 May 2012 00:00:00 EST

One often-overlooked reason clients seek to reduce child support payments in Arizona is a change in Social Security benefits. As family law attorneys in Phoenix, we do see this from time to time, and we think it’s important to know how it may affect your child support payments. Here’s a brief overview:

In Arizona, Social Security benefits, whether disability or retirement benefits, are counted as income when it comes to child support. Your Social Security benefits can even be garnished if you fail to pay child support.

If your child is also receiving Social Security benefits through you, you may be able to reduce the amount of Arizona child support you pay. If you have questions about how this might affect your child support payments, meet with a Phoenix child support lawyer for the specifics. In general, though, it works like this:

If the child’s portion of the benefits is less than you pay in child support, you will generally need to make up the difference.
If the child’s portion of the benefits is equal to the amount you pay in child support, you will generally not need to pay any additional child support.
If the child’s portion of the benefits exceeds how much you would normally pay in child support, your obligations are considered satisfied, but you will not receive a credit and it will not “roll over” to the next month.

If you live in Phoenix and are receiving Social Security benefits, speak with a Phoenix child support lawyer about whether you may qualify for reduced child support payments. You can reach us at 1-888-929-5292 to schedule a completely free legal consultation to discuss the specifics of your situation.

A Historical Look at Alimony from a Phoenix Divorce Lawyer

Sun, 06 May 2012 00:00:00 EST

The idea of alimony, or “spousal support,” as it is known in Arizona, has been around for a long time. In fact, it dates all the way back to at least 1780 BCE and the Babylonian Code of Hammurabi and also appeared in the Code of Justinian – which would later become the foundation for Roman law! Over time, these ideas evolved and filtered into our modern systems of law.

In the United States, the concept of alimony has seen a few changes in recent years. Prior to the 1970’s, the man usually paid long-term alimony payments to the woman after a divorce. These payments generally continued until the woman remarried or passed away.

As women became less and less dependent on men for economic support in the 60’s and 70’s, alimony or spousal support evolved into a more temporary situation and sometimes included payments for job training or education.

These days, alimony or spousal support is viewed as a relatively short-term financial obligation, and it may be ordered for the husband or the wife in the divorce. The courts look at the earning ability and financial situation of both spouses and use many factors when deciding who pays support payments to whom and for how long.

Although these many changes in how alimony or spousal support is ordered have brought us to a place where the orders are based more on earning power than on gender, it can still be quite confusing. If you are going through a divorce in Phoenix and need advice, speak with a caring and experienced Phoenix divorce lawyer at 1-888-929-5292. The Phoenix family law attorneys with Curry, Pearson & Wooten offer a completely free, no-pressure consultation to discuss your situation and answer your questions.