Law Office of Katherine Kraus, PLLC Law Office of Katherine Kraus, PLLC 2026-05-14T19:56:20Z https://www.krauslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1203462/2023/03/cropped-LawOfficeOfKatherineKraus_SITEICON_512x512_MAR23-32x32.jpg On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[5 tips to set children up for success after parents divorce]]> https://www.krauslawfirm.com/?p=49594 2026-05-14T19:56:20Z 2026-05-14T19:56:20Z divorce is often scary for children because it will likely change their daily life, routine, and sense of stability. Parents can take proactive steps to help their children through this difficult time. The following are five examples that can set children up for a successful transition into family life after their parents finalize their divorce. 

Tip 1: Build a stable routine

Children succeed when life feels predictable. Using consistent schedules for school mornings, homework time, bedtime and activities between households can help to create a feeling of routine. Families that use a nanny or au pair can have the caretaker travel with the children between homes to further create a sense of stability. Align routines across households when possible. Post calendars where children can see them and give advance notice for any changes. Predictability can help to lower anxiety, improve sleep and support school performance.

Tip 2: Use child-centered communication

Speak to children with clarity using calm and age-appropriate language. Avoid details, allow for questions and validate their feelings. Remind them the divorce never happened because of them. Keep messages consistent across households when possible.

Tip 3: Create strong co-parenting boundaries

Children can also benefit when parents have some consistency regarding parenting decisions. Keep conflict away from children, away from pickups and away from school events. Use written tools for logistics and to help reduce spontaneous arguments. Focus on decisions that serve the child’s health, education and social life.

Tip 4: Support emotional health through resources

Some children need more support than parents can provide during a divorce. School counselors, child therapists and support groups can offer structure, coping skills and a neutral space. Watch for sleep problems, declining grades, withdrawal or aggression. Early support prevents long-term patterns.

Tip 5: Protect the parent-child relationship

Children measure safety through connection. Prioritize one-on-one time, consistent check-ins and reliable follow-through. Keep promises and show up for school events. Encourage the child’s relationship with the other parent when safe. Courts often reward cooperative parenting and children generally benefit most from it. Children can succeed after divorce when parents lead with stability, boundaries, emotional support and steady connection. Focus on predictable routines, respectful communication and low-conflict co-parenting. The legal process ends but parenting continues. Your choices during this transition can shape your child’s confidence for years.  ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Setting boundaries during a divorce]]> https://www.krauslawfirm.com/?p=49593 2026-05-06T14:38:39Z 2026-05-06T14:38:39Z Signs you may need stronger boundaries Some communication habits can make divorce more stressful than it already is. You may need stronger boundaries if you notice the following:
  • Your spouse contacts you constantly about issues unrelated to the divorce or children
  • Conversations quickly turn into arguments
  • One parent uses the children to pass messages
  • Your spouse expects immediate replies at all hours
  • You feel guilty every time you say “no”
  • You agree to requests just to avoid another fight
These patterns can increase emotional stress over time. They can also create more conflict during discussions about parenting, finances or scheduling.

What healthy boundaries may look like

Healthy boundaries will look different in every family, but they often focus on respectful communication and realistic expectations. During divorce, you may decide to create limits that help reduce unnecessary conflict and keep conversations productive. This can look like:
  • Keeping conversations focused on parenting, schedules or divorce-related issues
  • Using text messages or emails when phone calls often become hostile
  • Setting reasonable expectations for response times
  • Avoiding arguments on social media
  • Respecting parenting schedules and personal privacy
  • Avoiding negative comments about the other parent in front of the children
These boundaries may help you avoid misunderstandings and create more stability during the divorce process. If you have children, they may also help your family adjust to changes with less tension at home.

Why boundaries can help reduce conflict

Poor boundaries often lead to larger disagreements. Heated communication can make parenting discussions and financial negotiations harder to resolve. Repeated arguments may also increase emotional strain during divorce. Arizona courts generally encourage respectful co-parenting relationships when possible. Calm communication and reasonable boundaries may help keep the focus on your children’s needs instead of ongoing conflict between parents.

Creating healthier communication during divorce

Divorce often brings frustration and emotional exhaustion. Healthy boundaries may reduce conflict, improve communication and help create more stable routines for your children. Over time, small boundaries may help make difficult conversations more manageable and reduce stress throughout the divorce process.  ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Your child refuses visitation. Now what?]]> https://www.krauslawfirm.com/?p=49592 2026-04-15T15:47:29Z 2026-04-15T15:47:29Z What Arizona courts expect from you as a parent Even when a child pushes back, the court focuses on the parent’s conduct. Judges look to see whether you made a real effort to follow the order. In most cases, that means:
  • The custody order remains in effect until a court formally modifies it
  • The child does not have the legal authority to refuse parenting time
  • The court may weigh age and maturity, but will not treat them as decisive in determining compliance
  • The parent must make a good faith effort to follow the schedule
  • Repeated missed visits may raise concerns about non-compliance or interference
When a child refuses to go, the issue does not end there. The court will focus on your response and whether your actions align with the obligations imposed by the order, rather than deferring to the child’s stated preference.

What you should do when your child refuses

In the moment, you may try to balance your child’s needs with your responsibility to follow the order. In many situations, parents may consider steps like the following:
  • Staying calm to avoid increasing the child’s resistance
  • Encouraging the child to go, without using force or threats
  • Taking note of what occurred, including dates and the child’s response
  • Keeping a record of your efforts to follow the schedule
  • Communicating with the other parent in a neutral, child-focused way
Courts often assess whether your response was reasonable. A steady and consistent approach helps show that you acted in good faith and made a real effort to comply, even in circumstances where compliance is not straightforward or easily achieved.

When refusal becomes a legal issue

One missed visit may not lead to legal action, but a pattern of refusal can create problems over time. As missed exchanges add up, the other parent may question whether the order is being followed and may seek enforcement through the court. If the issue continues, a judge may step in, especially if the plan no longer works in practice or if one parent does not support it. The focus then shifts from the child’s refusal to whether each parent has taken reasonable steps to follow the order, including patterns of conduct and documented efforts that show a consistent effort to comply over time.

When it may be time to revisit the custody order

Some situations may point to a deeper issue the current order does not address. An older child may resist consistently, or concerns may arise around school or the child’s relationship with the other parent. Over time, the plan may no longer reflect what works for your family as circumstances change. It is natural to want to respect your child’s feelings while still following the order. When refusal becomes a pattern, it may signal that the current arrangement no longer fits your family’s reality and that a more workable structure may better reflect those changing circumstances, particularly where the existing order no longer aligns with how parenting time functions in practice.      ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Do fathers automatically get 50/50 custody in Arizona?]]> https://www.krauslawfirm.com/?p=49591 2026-04-13T21:32:36Z 2026-04-13T21:32:36Z How custody is defined in Arizona Arizona law avoids the traditional term “custody” and instead focuses on two key concepts: legal decision-making and parenting time. Legal decision-making refers to a parent’s authority to make major choices about the child’s upbringing, such as education and healthcare. Parenting time addresses how much time each parent spends with the child.

Is 50/50 parenting time the standard?

While Arizona law encourages meaningful involvement from both parents, equal parenting time is not guaranteed. Judges often consider a 50/50 arrangement, especially when both parents are actively involved and capable. However, the court will only approve that structure if it genuinely benefits the child. Equal time only works when it promotes stability. If a different schedule better supports the child’s routine, emotional needs, or safety, the court will choose that instead.

What judges look at in custody cases

Every custody decision revolves around the “best interests of the child.” This standard gives judges flexibility to evaluate each family’s unique circumstances. They will look closely at the child’s relationship with each parent, the level of involvement each parent has shown, and the ability of each parent to provide a safe, stable environment. The court also considers how well the child is adjusted to their home, school, and community. A parent’s willingness to cooperate and support the child’s relationship with the other parent can carry significant weight. In more serious situations, issues like domestic violence, substance abuse, or neglect may heavily influence the outcome.

When fathers can achieve equal parenting time

Fathers in Arizona have the same legal rights as mothers. Courts do not favor one parent over the other based on gender. If you have been consistently involved in your child’s life and can offer a stable, supportive environment, a 50/50 arrangement may be realistic. That said, the outcome often depends on how well you present your role as a parent. Demonstrating reliability, consistency, and a willingness to co-parent effectively can strengthen your position.

Why speaking with a lawyer matters

Custody cases involve more than simply asking for equal time. You need to present a clear parenting plan, support your claims with evidence, and respond effectively to the other parent’s arguments. This is where experienced legal guidance becomes critical. A family law attorney in Arizona can help you understand how the law applies to your situation, develop a strong strategy, and advocate for your parental rights. More importantly, they can help you focus on what the court cares about most: your child’s best interests. Fathers do not automatically receive 50/50 custody in Arizona, but they are not at a disadvantage either. The law supports active parenting from both sides if it benefits the child.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Setting Boundaries During A Divorce]]> https://www.krauslawfirm.com/?p=49590 2026-03-16T06:51:38Z 2026-03-16T06:51:38Z Divorce can bring constant requests, emotional pressure and difficult conversations. Clear boundaries can help protect your well-being while keeping the legal process focused and manageable.

Why saying no can feel so difficult

Many people struggle with boundaries during divorce because they want to avoid conflict or disappointment. The desire to keep the peace can make it harder to say no, even when a request feels unreasonable. Psychologists note that people often confuse boundaries with attempts to control others. A boundary defines what you are willing or able to do. A wish list focuses on what you want someone else to change. When those lines blur, frustration and emotional burnout may follow. You can read more about this dynamic in this explanation of . Divorce often intensifies this pattern. One spouse might continue asking for favors, schedule changes or financial flexibility. Without clear limits, these requests may slowly create stress or resentment. Understanding this internal pressure helps explain why boundary setting can feel uncomfortable at first.

Boundaries that can help during divorce

Boundaries are not about punishment or control. They create structure so each person can move through the process with fewer conflicts. Several practical boundaries may help reduce tension:
  • Communication limits: Treat discussions like business conversations. Use email or co-parenting apps when needed
  • Scheduled discussions: Set specific times to talk about divorce matters instead of responding to constant messages.
  • Topic limits: Focus only on legal or parenting issues instead of revisiting past relationship conflicts.
  • Personal space: If you still share a home, separate bedrooms may reduce daily tension.
  • Social boundaries: Decide how you will handle holidays, mutual friends and extended family gatherings.
Consistent boundaries can help keep discussions focused and prevent small issues from escalating.

Protecting children with clear limits

Children often experience confusion or anxiety during divorce. Clear boundaries between adult conflict and parenting decisions may help reduce stress. Parents often set limits such as:
  • No negative talk: Avoid criticizing the other parent in front of the children.
  • Stable routines: Maintain consistent schedules for school and visitation.
  • Age-appropriate explanations: Share simple information without involving children in legal disputes.
Courts often review parenting plans with the child’s best interests in mind. Predictable routines and respectful communication may support that goal.

Consider speaking with an Arizona family law attorney

Divorce involves emotional decisions as well as legal rights. Boundaries may help reduce conflict but legal guidance can clarify what Arizona law allows and requires. A family law attorney may help you understand issues such as parenting plans, asset division and financial obligations. Legal advice can also help prevent informal agreements that may create problems later in the process.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Why Arizona courts cannot order reunification treatment]]> https://www.krauslawfirm.com/?p=49589 2026-03-09T07:19:56Z 2026-03-09T07:19:56Z led to a recent change in Arizona law you should know about. Understanding what this means for your case can help you prepare for what comes after the divorce.

The line between judicial power and clinical care

Family courts hold broad power over custody and parenting time in Arizona. But that power has limits when it comes to a child's mental health care. Judges apply the law, not therapy methods or child psychology. When a court orders a child into a specific treatment, it may cross into territory better left to trained clinicians. A central concern is that some programs require children to undergo overnight stays away from their primary parent.

The legal framework behind Arizona's reunification limits

Senate Bill 1372 was signed into law in 2024, limiting the court's ability to order certain extreme reunification programs. Without the consent of both parents, the treatment cannot require any of the following:
  • A no-contact order with the aligned parent
  • An overnight, out-of-state or multiday stay
  • A transfer of physical or legal custody
  • The use of private youth transport agents who rely on force or threats
Furthermore, the law prohibits courts from forcing a child into any treatment that uses undue coercion, verbal abuse or efforts to cut a child off from their support system.

The options still open to family courts

This new legislation does not eliminate the court's toolkit in custody disputes. Judges retain the authority to order traditional family counseling or therapy, provided the treatment strictly avoids the prohibited conditions outlined in the statute. Family courts can modify parenting time, mandate parent education classes or implement supervised visitation to help safely rebuild the parent-child bond. These established legal pathways allow the court to address core family dynamics without resorting to the extreme measures associated with unregulated reunification programs.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[2 common child custody challenges in Arizona same-sex divorce]]> https://www.krauslawfirm.com/?p=49586 2026-03-03T07:17:51Z 2026-03-03T07:17:51Z Establishing legal parent status before custody decisions Arizona courts decide legal decision-making and parenting time for legal parents. If your child was born during your marriage, Arizona law may treat you as a presumed parent even without a biological tie. Still, you might run into problems when records do not match your family story. You may face extra friction when your child was born before the marriage, only one name appears on a birth certificate or you did not finalize an adoption or parentage order.

Resolving parenting time and decision-making disputes

After the court recognizes both parents, the focus may shift to structure. An Arizona judge reviews your child’s best interests and your ability to support stability and routine. You and your spouse may disagree over control, logistics and distance. The following areas of conflict may come up:
  • Setting a weekly schedule that fits school and work
  • Dividing major choices like medical care and education
  • Managing a move out of state or over 100 miles within Arizona
  • Handling conflict tied to a new partner or a new household
Each of these disputes can affect where your child lives and who makes key decisions. Even narrow disagreements may influence the overall parenting plan once the court reviews the facts.

Planning for custody conversations ahead

Custody concerns can feel heavy when your child’s routine may change. If you move toward divorce, you might begin by reviewing key records tied to your role as a parent. You could also gather school and medical information that reflects your involvement. You may then sketch a realistic schedule and think through decision-making roles before discussions begin. Thoughtful preparation can help you enter child custody talks during divorce with a steadier footing and clearer priorities.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Co-parenting and social media: Tips for success]]> https://www.krauslawfirm.com/?p=49585 2026-02-27T17:29:35Z 2026-02-27T17:29:35Z media is a part of our everyday lives. Whether we connect with family and friends or only use it for professional purposes, these platforms are something we need to account for when working through a divorce. Parents need to be sure to use it wisely and are wise to proactively discuss when they are comfortable with their children beginning their own accounts. The following will provide guidance to help families work through this important issue during their divorce. 

How parents can use social media wisely during divorce

Parents who wish to continue using social media while going through a divorce should do so in a way that is less likely to trigger disputes. The following tips can help:
  1. Treat every post as an exhibit. Assume that anyone can take a screenshot, gather metadata, and request copies of posts, updates, photos and pretty much anything you do online. Even “private” groups, disappearing stories and close friends lists can be obtained through subpoenas, device inspections and third-party production. Avoid content that suggests instability, alienation or rule breaking as this can be used to question your ability to serve as a good parent.
  2. Avoid co-parenting disputes online. Public criticism of the other parent can support claims of poor co-parenting, parental alienation or harassment. Indirect posts can still be identifiable. Keep communication on neutral channels, document issues through proper methods and raise concerns with counsel or a mediator.
  3. Protect confidential case information. Do not discuss negotiation positions, court dates, parenting evaluations or attorney communications. Many jurisdictions impose limits through protective orders, local rules or court directives. Violations can result in sanctions, fee awards or adverse findings.
Before you post, pause for 24 hours and consider whether it could present a hurdle in divorce negotiations.

How parents can address children using social media in a parenting plan

A parenting plan can reduce conflict by setting clear expectations that courts can enforce. The goal is to have a predictable and safe situation for the child. Consistent rules across households can help ease the stress for children. The same holds true when making decisions about social media use for your child. It is often possible to include a provision within the parenting plan that outlines access, time limits, supervision, and other particulars. Examples can include: 
  • Age-appropriate account rules, password sharing with parents or no-secret accounts  
  • Limits on posting the child, photos, school identifiers, medical information  
  • No disparagement rule, no use of the child to message the other parent
Parents can review guidelines for various platforms and mental health professionals to help determine the best age to begin social media use. One reputable source, the American Academy of Pediatrics, recommends waiting until at least the age of 13.  Ultimately, it is important for parents going through divorce to keep two things in mind. First, social media is not only personal expression – it is potential evidence. As such, it is wise to use restraint when posting on social media during divorce. Second, you can work together with the other parent to build clear social media rules into the parenting plan to help better ensure both parents are on the same page. With a strategic approach to the divorce you can handle these and other issues in a way that better ensures a smooth transition into life after divorce. ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[529 plans and Arizona divorce: What parents may overlook]]> https://www.krauslawfirm.com/?p=49583 2026-02-27T02:41:08Z 2026-02-27T02:41:08Z Reviewing ownership and control of 529 plans in an Arizona divorce You may control a 529 plan if your name appears as the account owner. The child often acts as the beneficiary but does not direct account activity. If both spouses funded the plan with marital earnings, a court may review its value when dividing property. Ownership may affect who chooses investments, approves withdrawals or changes beneficiaries unless your agreement creates limits. Written terms may help clarify expectations and reduce confusion later. You may consider addressing practical issues by taking steps such as:
  • Identifying the account owner after divorce
  • Providing shared access to account information
  • Limiting beneficiary changes without agreement
  • Outlining rules for withdrawals and record tracking
These steps may support transparency and help maintain the educational purpose behind the account.

Recognizing overlooked risks in college funding decisions

You may believe a 529 plan creates an automatic duty to pay for college. Arizona support rules often end when a child reaches adulthood, so college funding may depend on what parents agree to in advance. Financial aid planning may also require review. FAFSA (Free Application for Federal Student Aid) rules often rely on the parent who provides more financial support. Ownership structure and reporting roles may influence what you disclose and plan for.

Key considerations before finalizing 529 plan arrangements

Before signing your settlement, compare the 529 account owner listed with the ownership stated in the agreement. Confirm that any limits on withdrawals or beneficiary changes appear in writing, not just in discussion. You may also review who will receive account statements after the divorce. Clear alignment between the account and the decree may reduce future agreement disputes over college funds.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Who gets the house in an Arizona divorce?]]> https://www.krauslawfirm.com/?p=49582 2026-02-26T01:23:31Z 2026-02-26T01:23:31Z Factors that influence property division While Arizona is a community property state, the court has broad authority to divide assets equitably. This does not always mean an equal split if specific circumstances exist that make a lopsided division more just. You should consider how these legal factors could apply to your own marital home:
  • The presence of minor children who may benefit from staying in the family residence.
  • The financial ability of one spouse to maintain mortgage payments and upkeep alone.
  • Any significant separate property contributions made toward the initial down payment.
  • Specific written agreements, like prenuptial or postnuptial contracts, dictate ownership.
A judge will weigh these elements to decide if one party should keep the house or if a sale is necessary. Therefore, you must prepare a strong argument to show why your desired outcome is the most equitable choice.

Preserving your separate property claims

Property you owned before the marriage or received as a gift is generally considered separate from the marital estate. However, separate property can quickly become community property if you mix it with joint funds or use marital income for repairs. To protect your investment, you should be aware of risks to your separate assets, includinga:
  • Depositing rental income from a separate property into a joint bank account.
  • Using community wages to pay down the mortgage on a house you owned before marriage.
  • Adding a spouse to the title or deed of a separate residence during the marriage.
If you have commingled your assets, the court may decide the community has earned a financial interest in the home. Consequently, you should gather all historical financial records to trace the source of the funds used for the property.

Taking action to secure your home

The process of dividing a house often involves appraisals and negotiations over buyouts or refinancing. Because real estate is usually the largest asset in a divorce, you cannot afford to make mistakes during the evaluation phase. You can gain a better position by taking the following steps during the filing process:
  • Obtain a professional appraisal to determine the current fair market value of the home.
  • Calculate the exact amount of equity available after subtracting any existing mortgage debt.
  • Review your credit score to see if refinancing the loan into your name only is possible.
Taking these proactive measures helps ensure you receive your fair share of the marital estate. Always stay informed about your rights to ensure your property interests remain secure throughout the legal process.]]>