Law Office of Katherine Kraus, PLLC Law Office of Katherine Kraus, PLLC 2026-08-25T14:55:02Z 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[Should Arizona Law Limit Alimony Payments To 4 Years Or Less?]]> https://www.krauslawfirm.com/?p=49603 2026-08-25T14:55:02Z 2026-08-25T14:55:02Z Legislative efforts to cap support duration A notable proposal recently made headlines regarding a potential shift in state law. This bill, which ultimately failed to pass, suggested a strict four-year limit on most spousal maintenance awards. Although the legislation died in committee, its introduction highlights a desire among some lawmakers to standardize divorce outcomes across the state. Supporters argue that a hard cap encourages self-sufficiency and provides a clear end date for the paying spouse. Opponents worry that a fixed limit is unnecessary, impractical and ignores the unique needs of long-term homemakers or those with chronic health issues.

Customizing maintenance through private agreements

Even without a statewide cap, many couples choose to set their own limits on amounts and duration of payments through legal contracts. Arizona law allows spouses to negotiate maintenance terms that fit their unique financial situations. These private settlements often include specific end dates or conditions that stop support early, and the terms are often incorporated into a consent decree or other court order. For example, parties might agree to end payments upon:
  • The completion of a professional degree or certification
  • A specific date tied to the sale of a family home
  • The recipient spouse reaching a certain income level
  • The cohabitation of the spouse receiving the payments
  • The paying spouse reaching a standard or agreed-upon retirement age
Choosing a finite timeline through negotiation offers more predictability than leaving the decision to a judge.

Understanding your options for the future

Staying informed about potential changes in state law helps you prepare for any shifts in the legal landscape. While the four-year cap is not currently the law, the conversation surrounding it shows that the standard for spousal maintenance may be evolving. You can use this knowledge to propose terms that protect your interests while acknowledging the modern push for self-sufficiency.
]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[What happens to retirement accounts in an Arizona divorce?]]> https://www.krauslawfirm.com/?p=49601 2026-08-10T12:42:12Z 2026-08-10T12:42:12Z Retirement savings can become an important issue during an Arizona divorce. A 401(k), pension or IRA may hold money saved before and during the marriage. So, figuring out which funds belong to the marriage can affect how the account gets divided. Arizona follows community property rules. In general, money and benefits earned during the marriage may count as community property. Still, getting married does not automatically make an entire retirement account marital property. Funds saved before the marriage may remain separate.

How Arizona treats retirement accounts

When dividing retirement savings, the timing of contributions can make a significant difference. For example, you may have opened a 401(k) five years before getting married. The money you saved during those five years may remain separate. However, contributions made during the marriage may be part of the community property. Several factors may affect which part of a retirement account belongs to the marriage:
  • Determining when contributions occurred: Money added during the marriage may count as community property.
  • Calculating account growth: Gains on marital contributions may also count as community property.
  • Identifying the account type: A 401(k), pension or IRA may require different steps for division.
  • Reviewing premarital funds: Money saved before the marriage may remain separate from marital funds.
Keeping account statements from before and during the marriage can help show when the money entered the account. Legal assistance can also help identify the marital portion and prepare the documents needed to divide retirement benefits.

Does each spouse get half?

Not always. Arizona law calls for an equitable division of community property. In simple terms, this means the court does not always split every asset into two equal parts. For example, one spouse may receive more retirement savings. The other spouse may receive more of another marital asset. The final split depends on the property and the facts of the case. Some retirement plans also need a Qualified Domestic Relations Order (QDRO). This order can help move one spouse's share of certain retirement benefits to the other spouse. Handling the transfer correctly may also help prevent an early withdrawal from being treated like a regular cash payment.

Looking beyond today's finances

Retirement accounts can represent years of savings and future financial security. Identifying which portions may qualify as community property can give you a clearer picture of what the divorce may mean for your long-term finances.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Can you get sole custody because your co-parent is narcissistic?]]> https://www.krauslawfirm.com/?p=49600 2026-07-30T09:40:32Z 2026-08-06T15:00:04Z Ending a relationship with a difficult partner can bring relief, but raising a child together often means the conflict continues. You may feel that every conversation turns into an argument or worry that manipulation, controlling behavior or a lack of empathy may also affect your child. It is common to wonder whether those behaviors could justify asking for sole custody. In Arizona, however, courts do not decide custody cases based on labels alone. Even if one parent appears narcissistic, the court focuses on how that parent's actions affect the child. Understanding that difference can help you approach the process with realistic expectations while keeping the focus where it belongs.

How courts evaluate a parent's conduct 

Arizona courts decide custody based on the child's best interests. Judges usually do not decide whether a parent has narcissistic personality disorder or another mental health condition. Instead, they look at the parent's actions and how those actions affect the child. The court may look at whether a parent tries to turn the child against the other parent. It may also consider whether a parent refuses to work together on important decisions or creates ongoing conflict that harms the child. If a parent's behavior causes fear, stress or instability, the court may take that into account. Even so, difficult behavior does not always lead to sole custody. Arizona courts often believe children benefit from having a healthy relationship with both parents when it is safe. A parent who asks for sole legal decision-making usually must show that sharing those decisions would not serve the child's best interests.

Build your case with clear evidence

If you believe your co-parent's behavior is harming your child, focus on facts instead of labels. Helpful steps may include:
  • Keeping detailed records of serious parenting concerns
  • Saving emails, text messages and other written communication
  • Following court orders and parenting agreements
  • Avoiding conflict with the other parent in front of your child
  • Gathering school, medical or counseling records that support your concerns
Clear records can help show a pattern of behavior over time. They can also show that you have stayed focused on your child's well-being throughout the case.

Focus on what is best for your child

Parenting through conflict can leave you feeling uncertain about the future, especially when you believe your child's well-being is at risk. Looking beyond accusations and focusing on the child's experience can create a stronger foundation for any custody request. An experienced Arizona family law attorney can help you pursue an arrangement that supports your child's best interests.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[What should I do if I can not afford our existing child support agreement?]]> https://www.krauslawfirm.com/?p=49599 2026-07-15T18:58:39Z 2026-07-15T18:56:51Z child support agreement protects financial care for a child and creates a binding commitment between parents. Arizona lawmakers recognize that circumstances can change and allow for modifications to this legal document. The law generally allows for these changes when a parent experiences a significant change in circumstances. 

Start with the basics: Arizona’s modification standard

Under Arizona law, parents may modify a child support order when there is a large change in circumstances. It is important to note that this change must not be a one time or short term issue, but one that you expect to be long term. Common examples include a significant increase or decrease in income, a job loss, a change in parenting time, a new child support obligation or major changes in childcare or health insurance costs. Arizona courts generally apply the Arizona Child Support Guidelines and will compare the current order to what the Guidelines would require.

What to do right away when circumstances change

Before you file anything, take a breath and organize related paperwork. The steps below help you protect your position and reduce conflict. Gather proof of the change, such as pay stubs, termination letters, medical insurance invoices, daycare receipts and parenting time calendars. It is important to move forward in a prompt manner because Arizona generally will not modify support retroactively earlier than when you begin the official process. Waiting can be expensive.

Filing options and dispute resolution

Once you have documentation, you can pursue a modification. The process generally moves forward as follows:
  1. File a petition to modify child support and properly serve the other parent  
  2. Consider mediation or settlement discussions  
  3. Prepare for a hearing if you cannot agree, including updated financial affidavits and exhibits
In an Arizona child support dispute, the strongest approach is prompt action grounded in accurate financial information and the Guidelines. If the change is substantial and continuing, modification is often appropriate. ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[What to do if you are accused of being a narcissist during a divorce]]> https://www.krauslawfirm.com/?p=49598 2026-06-30T08:29:18Z 2026-06-30T08:29:18Z Concrete steps to safeguard your position If your spouse has labeled you a narcissist during your divorce, the following actions can help you stay credible:
  • Keep all exchanges with your spouse civil, brief and well-documented
  • Avoid retaliating with your own accusations or airing grievances on social media
  • Follow all court orders to the letter, including temporary custody schedules, financial disclosures and parenting plans
  • Consider working with a therapist or counselor — not as an admission of fault, but to demonstrate emotional stability
By maintaining consistent boundaries, you help redirect the court's attention toward the actual merits of your case rather than interpersonal conflicts. This measured approach provides legal counsel with the foundation to advocate for your long-term interests.

Court standards for character-based claims

Judges base legal and physical custody decisions on a set of factors tied to the child's welfare, not on informal labels. These include the mental and physical health of each parent, the quality of each parent's bond with the child and their willingness to support the child's connection with the other. If the court orders a custody evaluation, a licensed mental health professional may examine each parent's fitness through interviews, testing and sometimes home visits. State law also considers whether a parent has tried to mislead the court to sway a custody outcome, so a claim that appears strategic rather than genuine may reflect poorly on the party who raised it.

Responses grounded in documentation

When faced with a character claim, the most effective response tends to be one rooted in clear facts. Compiling documents of your role in your child's daily life — school notes, medical visit records and activity schedules — can demonstrate your parenting without relying on self-assessment. If a court-ordered evaluation becomes part of your case, fully participating might serve your interests. Judges can sometimes interpret pushback or reluctance as evasive, regardless of the underlying reason. Because of the emotional toll the divorce proceedings might take on you, consulting with an attorney before you make any response allows you to carefully evaluate your options. They can provide an objective perspective that focuses on protecting your long-term interests in court.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Changing joint to sole decision-making in Arizona]]> https://www.krauslawfirm.com/?p=49595 2026-06-16T20:42:27Z 2026-06-16T20:41:52Z Sharing parenting time and responsibilities after divorce or separation allows both parents to have the opportunity to play a  meaningful role in their child's life. Arizona courts often advocate for the idea that children benefit from having both parents involved.  However, situations can change. One parent may later ask the court to award sole legal decision-making responsibilities instead.

Grounds for seeking sole legal decision-making

Sole legal decision-making gives one parent the exclusive authority to make major life decisions for the child. While this parent is often the primary residential parent, "sole decision-making" does not automatically mean the other parent loses all parenting time (visitation). To change an existing order in Arizona, the parent requesting the change must generally wait at least one year from the date of the previous order, unless there is evidence that the child’s present environment places them in serious physical, mental, moral or emotional danger. To succeed, the petitioning parent must prove there has been a substantial and continuing change in circumstances affecting the child’s welfare. In other words, something significant must have happened since the original order. This could refer to harmful behavior from the other parent, such as substance abuse, neglect, physical abuse or refusal to follow the parenting plan. A court will not approve a change just because one parent feels unhappy with the current arrangement.

How do courts decide whether to make changes?

The court will examine many factors before approving a change to sole legal decision-making. These include the mental and physical health of each parent, each parent’s ability to provide stability and the relationship between the child and each parent. The court may also consider the child’s preferences if the child is old enough to express a mature opinion. If one parent repeatedly interferes with the other’s parenting time or refuses to communicate, the court may decide that joint custody no longer serves the child’s needs. In these cases, the court may transfer legal decision-making to the more cooperative parent.

The importance of evidence

Changing custody requires strong evidence. Parents should keep records of serious problems that result from the other's actions. Witness testimony and documented incidents can help support a request for sole custody.]]> 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.]]>