Benjamin Deguire

About Benjamin Deguire

Benjamin Deguire is a family-law attorney at Law Office of Benjamin L Deguire PLLC based in Flagstaff, 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.

Is mediation required in Arizona family-law cases?

In most counties, yes - particularly for legal decision-making and parenting time disputes. Maricopa County uses Conciliation Services under ARS § 25-381.09, and other counties have similar court-connected mediation. Property and support issues are typically not court-mandated to mediation but are often voluntarily mediated, since judges encourage settlement.

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.

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