Anna Montoya
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About Anna Montoya
Anna Montoya is a family-law attorney in solo practice based in Arizona, Arizona. Family law in Arizona is governed by Title 25 of the Arizona Revised Statutes, which covers divorce, legal decision-making (custody), parenting time, child support, spousal maintenance, and orders of protection. For consultation, contact details are listed below.
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Education
- Law School: U of Arizona
Common questions about Family Law in Arizona
Answered by Arizona Attorney Search Network
Can I move out of state with my child after an Arizona divorce?
Under ARS § 25-408, a parent must give the other parent at least 45 days' written notice before relocating with a child either out of state or more than 100 miles within Arizona. The other parent may petition to prevent relocation; the court evaluates the move under best-interest factors. Moving without notice can result in serious sanctions and reversal of the move.
How long does a divorce take in Arizona?
Arizona requires a 60-day waiting period after service of the petition before a divorce can be finalized (ARS § 25-329). Uncontested divorces typically resolve in 90-120 days; contested cases involving custody or asset disputes commonly take 12-18 months.
What happens to retirement accounts in an Arizona divorce?
Retirement contributions made during the marriage are community property under ARS § 25-318 and must be divided equitably. Division of qualified retirement plans (401(k), pensions) requires a Qualified Domestic Relations Order (QDRO), which is a separate court order specifying how the plan administrator should split the account without triggering taxes or early-withdrawal penalties.