Arizona Family Law Issues Part III

Here is our final piece to providing you with a brief understanding of many different types of cases that fall under the family law umbrella. It is important for you to understand so that you don’t waste time and hire the right attorney to represent you.

Grandparents Rights

Believe it or not grandparents are entitled to visitation rights and many different law firms have handled these types of cases particularly for grandparents of children whom they have been prevented from visiting having an established relationship with for one reason or another which the biological parents have prevented this in some way shape of form. An experienced Phoenix family law attorney can help with the legal representation for Grandparents rights in Arizona.

Paternity

This type of case can involve a father who has paid money for child support in Arizona for a child that is biologically not his. This can work the other way as well in effort to establish paternity for a father who has not seen a child and wants to establish a relationship with that child. In either event, paternity can be established. In the event of the father who pays child support, the court must enforce a paternity test and find the father is not the biological parent in order to put a stop to his child support obligation. In the event of a father wanting to establish a relationship with his child and legal rights to that child, there is a little more work involved in order to track down the mother and go through the legal process. Any paternity case will require the efforts of a very experienced Phoenix family law attorney.

Domestic Violence / Protective Orders

Domestic violence happens quite often in a marital relationship. In the realm of family law, it is important to understand that Phoenix family law attorneys usually represent the victims of abuse in order to file orders of protection against the accused abusers in Arizona. This is not to be confused with that of representing an individual charged with domestic violence or assault crimes. Contact your local Phoenix family law attorney for more information.

Arizona Family Law Issues Part II

It is important to understand some of the most common types of family law cases that can pertain to you and your individual situation concerning Arizona family law for many reasons, primarily providing you with a better understanding for what you are going to face in court and why you should retain an Arizona family lawyer.

Legal Separation

this happens when a couple wants to give their marriage a chance at possibly working out at a later date. In this situation, many things are very similar to a divorce such as custody, visitation, spousal support, etc. What is different is the fact that both parties retain certain privileges they had as a married couple since technically they are still married such as filing taxes jointly, health benefits, and other things.

Prenuptial Agreements

this is quite common for many married couples which provides both parties to enter into a legal agreement prior to marriage usually with provisions that protect assets such as bank accounts, businesses and property that was obtained prior to the marriage. It is important that an experienced Phoenix family law attorney is hired for the task of drafting a prenuptial agreement.

Annulment

this type of scenario happens when two individuals want to legally undo their marriage for a few different reasons, however there are a few legal reasons the court would allow such type of action concerning Arizona family law, see your local Phoenix family law attorney for additional questions and guidance concerning your particular situation for wanting an annulment in Arizona.

Visitation

this type of case is very common and deals with visitation rights to a child. This usually happens during a child custody hearing and legal case proceedings. An experienced Phoenix family law attorney can assist you with any type of visitation issues concerning your child.

Arizona Family Law Issues Part I

Family lawyers in Phoenix should be able to assist you in a number of different legal matters concerning your specific issues and should be well rounded as well as experienced in most family law matters. We want to provide you with a clear and brief overview of family law issues in Arizona. If you have any of the following Arizona family law issues, you should seek the guidance of an experienced Phoenix family law attorney.

Divorce

Filing for divorce is probably the most common family law issue in general and hiring a Phoenix family law attorney who has handled many divorce cases in Arizona should be beneficial for your case. There are many different issues that can arise from a divorce case as well as property and asset division.

Child Custody

Child custody is also a very common family law topic in most Arizona family law firms. This can be not only emotional but can turn into a complicated scenario depending on the situation to each specific case. If you are heading into a legal battle for custody, an experienced Phoenix family law attorney can help you navigate the legalities and provide you with some options concerning your case.

Child Support

Just as child custody is a very popular type of case concerning family law in Arizona, child support is equally as popular. This type of case involves the financial responsibility and support of both parents. Typically, the custodial parent receives financial support via a monthly lump sum that is ordered by the court according to that individual’s income and visitation time with the child in question. Hiring an experienced Phoenix family law attorney can make a difference in your legal case.

Spousal Support / Alimony

This issue can be a complex legal scenario concerning the financial support of a spouse who has been supported by the primary income earner all his or her married life and filing divorce will cause a financial hardship for this individual. If this is the case, the court can rule in favor of the party in which the divorce will cause a financial hardship, awarding that individual the right to receive monthly payments usually until that person marries again.

Arizona Family Law Areas Of Practice

Arizona Family Law is the area of practice that primarily covers divorce, child custody and child support in Maricopa County, Arizona.  Arizona Family Law Attorneys who handle divorce cases also cover specific areas such as property division, legal separation and spousal maintenance (alimony).  The ever changing Arizona Revised Statutes that focus on Arizona Family Law contain a large volume of laws that govern the areas of family law.  This article focuses on the different areas of Arizona family Law and a brief definition of each.

No-Fault Divorce

By 1987 all fifty states had adopted, either as an option or as their exclusive model, the no-fault divorce model.  Arizona Family Law Attorneys who handle divorce argue cases using the no-fault divorce model exclusively.   No-fault divorce means the court only focuses on the existing state of the marriage.  Arizona makes no rulings concerning adultery, alcoholism or cruelty and allows people to enter into divorce simply on the grounds of incompatibility, irretrievable breakdown or irreconcilable differences.

Spousal Maintenance

Spousal Maintenance is about being eligible for alimony, or receiving an order to pay alimony, under Arizona Revised Statute 25-319.  Spousal Maintenance is solely left up to the discretion of the court.  Alimony is not usually awarded if the spouse who seeks alimony has the ability to be financially self sufficient or if the marriage was of short duration.  Alimony is often awarded when the spouse seeking alimony requires education or training to return to the work force or is at an age when starting a new career would be challenging. 

Child Custody

In January of 2013, Child Custody was significantly changed by breaking it into two separate areas that are now called Legal Decision Making and Parenting Time.  During a marriage, both parents had the right to spend time with their children and share major decisions made on behalf of the child in the areas of religion, medical, educational and other areas.  When marriages end, couples often disagree about these two topics.  The court will focus completely on what is in the best interest of the child in these cases.

Child Support

The Arizona Family Law courts use the Income Shares Model to prevent undue hardship to children.  Arizona focuses completely on the best interests of the child and uses the Arizona Child Support Guidelines to assess and enforce support.  The courts will also make use of the Arizona Child Support Calculator when determining how much support is to be paid and the length of time the support should be in effect.  

Parenting  Time

Parenting Time is about the time each parent will be spending with their children for visitation.  Arizona courts attempt to make rulings that provide equal, meaningful and frequent contact.  Matters such as the distance between the two homes are taken into account by the court.  The court always focuses on the bests interests of the child as outlined in ARS 25-403 Best Interest of the Child. 

Legal Decision Making

Legal Decision Making is about which parent will be making all important legal decisions for the child.  Arizona Family Law offers three possible scenarios for this that include  joint legal decision making, sole legal decision making or joint legal decision making with one parent having the final say.  Courts make every attempt to encourage both parents to be involved in this process and will often mandate counseling, mediation or high conflict resolution classes to help parents who are in conflict over this area.

Arizona Family Law - Legal Separation

A Legal Separation in Arizona is when two people wish to remain married but want to sever the legal responsibilities of their marriage.  A Legal Separation trial is viewed by the courts as being exactly the same as a Dissolution of Marriage, or what is commonly called a divorce.  Everything that is addressed in a divorce such as Spousal Maintenance, Child Custody, Child Support, Community Waste and Division of Property is also addressed during a legal separation.  Working with an experienced and compassionate Arizona Divorce Attorney is your best possible chance to maximize your success during this process.

Legal Separation Process

Just as with a divorce, the legal separation process begins when one member of the marriage files a petition with the superior court and serves the petition on their spouse.  It is important to use either the Sheriff's department or a process server to accomplish this so they can provide you with an affidavit of service to present in court.  If the couple is entering into the legal separation willingly then they both will submit settlement agreements to the court.  Couples who cannot come to an agreement in this matter will have their case set for trial.

At any time before the final order is issued by a judge, the couple can both agree to dismiss the case.  It is also important to note that either person can ask for the legal separation proceedings to be changed to a divorce.  Once this is requested, the court is required to hold a divorce trial.

Requirements

Requirements for Legal Separation are almost exactly the same as the requirements for a divorce in the state of Arizona.  Arizona Revised Statute 25-313 covers the requirements as outlined below:

1.  One spouse resides in Arizona at the time of filing.

2.  Arizona Conciliation Court provisions have been met.

3.  The marriage is irretrievably broken.

4.  One or both parties wants to live separately from the other.

5.  Provisions have been made for child custody, child support.

6. Provisions have been made for spousal support.

7.  Matters of division of property have been considered by the court.

It is important to note that the court is required to make every effort to preserve the marriage if one person feels the marriage can be saved.  In that case, you may have to go through mediation or conciliation court before the court will rule on your legal separation.

What is an Arizona Family Law Attorney?

An Arizona Family Law Attorney is an individual who practices several specific areas of law that deal with domestic relationships in the state of Arizona.  Their clients are from all walks of life and are usually in need of desperate legal help because of a difficult situation in their home life.  Family Law Attorneys are usually extremely compassionate individuals who believe in the law and the sanctity of the family.  They keep long hours, work diligently to learn their craft and often are aggressive advocates for the causes of their clients.  The work they do ranges from simple divorces to complex child custody battles and they are usually the voice of reason in wilderness to individuals who find themselves in highly emotional conflicts involving ex-spouses, children, property and finances.

Areas Of Practice

An Arizona Family Law firm usually handles all, or any part of, of the following areas:

• ·         No-Fault Divorce
• o   Alimony or what is known as Spousal Maintenance
• o   Division of Property
• o   Community Waste
• o   Legal Separation
• o   Annulment
• ·         Child Custody
• o   Visitation or what is known as Parenting Time
• o   Legal Decision Making
• o   Third Party or Grandparent's rights
• o   Relocation
• o   Child Support
• o   Child Support Enforcement
• ·         Mediation
• ·         Pre-Nuptial agreements
• ·         Cohabitation agreements
• ·         Modification of existing orders

Initial Consultation

Many law firms will offer a free initial consultation so you can get to know the Arizona Family Law Attorney who will be assigned to your case.  During this consultation, you are afforded a private relationship that is protected by law and can discuss anything with your attorney without fear of it being repeated.  Before attending this consultation, it is best to write down all of the issues you know of and all of the questions you may have.  It is also best if you can provide any documents that may be pertinent to your case such as bank statements, bills, birth certificates, marriage license or prenuptial agreements you may have in your possession.  Your attorney can only help you to the extent you are willing to be honest about the issues at hand and with an idea of what you would like to see as an outcome for going to court.

Disclaimer

The information on this website is designed to be informational in nature and not intended to replace actual legal advice from a trained professional.  If you are considering hiring an attorney for family law issues, please call 602-889-6273 to arrange for a free initial case evaluation with an experienced Arizona Family Law Attorney from Enholm & Salekin Law today.