The Sander Law Firm

Divorce/Separation

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 will be an impartial third party who will help 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 parent’s ability to care for the children and enter an order consistent with the best interests of the children after consideration of several factors

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.

The first step in the legal process of a divorce is to file the Petition for Dissolution of Marriage (either with or without children). The petition will include information about the marriage, such as names, addresses, children, and whether or not the couple owns separate property. It should also state the relief that you are requesting from the court.

The next step in the process is to have the petition served on the other party. This can be done by a private process server or by having the other party sign an Acceptance of Service that is then filed with the court. If the other party avoids service, you may ask the court to permit you to serve them in an alternate manner.

Once served, the other party has twenty days to file a Response. If no Response is filed, you may request a default. The other party will have an additional ten days to cure the default by filing their Response. If the default proceeds, you will be entitled to whatever you asked for in the Petition and nothing else. Default is uncommon as most parties file a timely Response and the case proceeds through the ordinary process.

If the parties to a family law case are unable to settle the issues between themselves, the matter will eventually proceed to a trial. At the trial, the judge will consider the testimony and exhibits presented by both parties. The judge will then make a decision on all issues left to be resolved by the court.

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.

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 for spousal maintenance, 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 that 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 spousal maintenance award. The parties may agree to make a spousal maintenance award non-modifiable. That means that no matter what happens in the future, the originally agreed upon amount and duration of spousal maintenance 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.

Need Help With A Family Law Matter?

No matter how old or young your children are, it’s important that you know what your rights are when it comes to child support and custody issues. As a family law firm, We are here to help guide you through these tough times.