James Wees

About James Wees

James Wees is a family-law attorney at Wees Law Firm LLC based in Phoenix, 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 Nebraska

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 Arizona a community property state?

Yes. Under ARS § 25-211, almost all assets and debts acquired during the marriage are community property, owned 50/50 regardless of whose name is on the title. Property is divided equitably (not necessarily equally) on divorce, and gifts and inheritances received individually generally remain separate property.

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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