Family Court
"Brandon was my attorney through a family court case. I moved to Arizona to fight for joint 50/50 custody. He was personable, knowledgeable, and responsive throughout — and he listened to exactly what I wanted in the outcome."
Divorce & Separation
Family Law in Arizona.
Family law deals with divorce, legal separation, annulment, child custody, and prenuptial agreements. When the stakes are this high, you deserve experienced counsel.
Divorce & Separation
Child Custody
Spousal Maintenance
Property Division
Understanding Family Law
What is Family Law?
Generally, family law deals with legal matters related to divorce, legal separation, annulment, child custody, and prenuptial agreements.
When a couple decides to divorce or legally separate, family law resolves disputes such as property division, spousal support, and child custody. Those in conflict may be able to settle their differences through mediation. A mediator is an impartial third party who helps the disputing parties reach a solution.
One of the most controversial areas of family law is child custody. Child custody cases are generally based on the best interests of the children. The court will consider the parents' ability to care for the children and enter an order consistent with the best interests of the children after consideration of several factors.
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The Process
The Legal Process of Divorce
Getting a divorce can be a confusing and emotional process. But there are some ways to save time and money while minimizing stress.
File the Petition
The first step is to file the Petition for Dissolution of Marriage (with or without children). The petition includes information about the marriage — names, addresses, children, and whether the couple owns separate property — and states the relief you are requesting from the court.
Serve the Other Party
The petition must be served on the other party. This can be done by a private process server or by an Acceptance of Service filed with the court. If the other party avoids service, you may ask the court to permit alternate service.
Response or Default
Once served, the other party has twenty days to file a Response. If no Response is filed, you may request a default; they have ten additional days to cure. If default proceeds, you are entitled to whatever was asked for in the Petition — and nothing else. Default is uncommon; most parties file a timely Response.
Trial
If the parties cannot settle the issues between themselves, the matter will eventually proceed to trial. The judge will consider testimony and exhibits presented by both parties and then make a decision on all issues left to be resolved by the court.
Going Deeper
Key issues in every divorce case.
01
Child Support and Custody
Child support and "custody" (parenting time) are related in that the amount of parenting time a parent has with the child has an impact on the amount of child support ordered. That is because the court presumes that a parent is providing for the child financially when the child is in their care. If the child is always in the other parent's care, the non-custodial parent has to pay more to assist with the expenses of raising the child.
Although the court will utilize the Arizona Child Support Guidelines to calculate the proper child support amount, there are a number of things within the guidelines that will change the child support amount. It's important to consult an attorney who has experience handling these cases. This person can give you advice on how to prepare an argument and how to go about getting your case heard.
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What You Should Know About Spousal Maintenance (Alimony)
Although the term "alimony" is the common phrase people know, in Arizona this kind of support is called Spousal Maintenance. Spousal maintenance amounts and durations can vary; however, in general, Arizona courts have moved toward focusing on what the party seeking maintenance will need to be able to support themself going forward.
In a case where a party is seeking spousal maintenance, the court first has to determine whether the party qualifies for spousal maintenance. Once the court has established that the party qualifies, the court will consider additional factors to determine the appropriate amount and duration of the spousal maintenance.
If the court enters an order for spousal maintenance, it is always modifiable. That means the amount and/or duration can be changed by the court if there is a change in circumstances that warrants a modification of the original award. The parties may agree to make a spousal maintenance award non-modifiable — meaning that no matter what happens in the future, the originally agreed upon amount and duration cannot be changed. Whether you want your spousal maintenance to be modifiable or non-modifiable depends heavily on your individual circumstances. Having the advice of an attorney in a case involving spousal maintenance can be invaluable.
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- Property & debt division
- Spousal maintenance
- Child support & custody
- Legal separation
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