Family Law
One of the most important functions of your attorney is giving you advice so you can make an informed decision. Arizona is a community property state. While community property is suppose to simplify the divorce process, it is far from simple. You need to know your rights and obligations. When is spousal support (alimony or palimony) awarded? Who decides the school? What do we do with the house? How do we divide the retirement accounts. You also need information to make these decisions. How much money is in the various accounts? How much the home is worth? What your interest is in the business? More important than all the financial issues is the custody issues. Are there fitness issues? What mental health issues exist to make equal parenting time or joint decision-making not feasible? Is there a drug or alcohol problem? This barely scratches the surface of what you will need to know before you can make decisions that will affect your family for years to come.
After you contact me for family legal services, we will figure out how best to proceed. There are times when we can reach an agreement with the other side and other times where temporary orders are needed. I handle all aspects of family law and more:
Divorce (Dissolution)
There are many aspects to a divorce. Dividing assets and debts is just the beginning. A business created during the marriage may need to be valued. There may be a claim against a business that was started prior to marriage. Retirement accounts need to be divided. Household items need to be divided.
Legal Decision-Making
In a perfect world, you and the other party can continue to make decisions related to your children without orders. When that is not possible, the Judge must decide one party should have final say or sole decision-making. The Judge looks at a number of factors including drug/alcohol use and convictions, domestic violence and other considerations outlined by statue and case law.
Parenting Time
Arizona favors equal parenting time. There are factors that can influence a Judge to give a different parenting time including alternate weekends and even limited to supervised visitation.
Spousal Support (Alimony/Palimony)
The Judge must determine if either party is entitled to spousal support. Factors include the duration of the marriage, asset of the parties and whether one party contributed to the education of the other. Then the Judge must decide the duration and amount.
Child Support
Arizona has a child support guideline used to calculate child support. There still can be complications. It is sometimes difficult to determine income for someone who is self-employed. There are also issues where one party must be attributed an income for various reasons. When a parent does not pay the ordered support, there are a number of tools available to force payment.
Establishment Of Parental Rights
When a couple is not married at the time of a child's birth, the Father must establish his rights. A Judge can order a paternity test. Once paternity is established, the issues of child support, parenting time and decision-making must be resolved.
Enforcment
Some people do not do what they are ordered to do. When that happens, enforcement becomes necessary. There are different rules that apply to enforcing different types of orders. There are different sanctions as well.