Marriage and Divorce
Marriage is a legally recognized union between two people, and family law governs the requirements for getting married, including age regulations, residency requirements, and the legal process for obtaining a marriage license. A Scottsdale divorce attorney can help navigate any complicated legal issues.
Divorce, on the other hand, is the legal process to dissolve a marriage. Family law outlines the steps and requirements for divorcing, which can include spousal maintenance or alimony, division of property, and in some cases, prenuptial and postnuptial agreements. Contact a Phoenix divorce lawyer today for a free consultation.
Child Custody and Visitation
One of the most complex aspects of family law is determining child custody and visitation rights after a separation or divorce. Family courts must consider the best interests of the child when deciding on custody arrangements, which can include joint custody and sole custody.
Visitation rights allow the non-custodial parent to maintain a relationship with their child through supervised or unsupervised visits. Family law is responsible for creating and enforcing these visitation schedules and considering modifications based on changes in the child’s or parents’ circumstances.
Whether the Arizona case ahead is a divorce with young children or determination of custody between unmarried parents, court proceedings and discovery are designed to uncover relevant facts and circumstances. Very important decisions will be made. This can be a difficult, sometimes painful process as much as it can be one of self-discovery. Seldom is developing a parenting plan simple or easy. But the end result should be a permanent parenting plan (ARS 25-403.02) that withstands the test of time and your youngest child’s minority.
Evidence of good parenting from reports, documents, social media, testimony, and expert witnesses, and from other sources, is essential to a winning custody strategy. And is essential to fully protecting your right to co-parent (ARS 25-403.01) and enjoy equal access to your son and daughter.
Learn About Child Custody Proceedings
The whole notion of court-ordered legal control and physical possession of one’s own children is a strange concept for many parents, at first. But most people adjust to the new lexicon quickly and, with the assistance of good lawyers, come to understand why custody negotiations and custody mediation are so very important to a positive outcome. A parenting plan that is best for children and works well for both parents.
Prior to filing for divorce, few parents have reason to think of child-rearing as taking place in two households. However, that is precisely what occurs with most custody arrangements today. Many fathers are very involved in their children’s daily lives before divorce; and they hope to maintain and build those bonds after the divorce is over.
Other Child Custody Proceedings:
Arizona law has specific terms for two basic parental roles: legal decision-making and parenting time. Joint legal decision-making and equal parenting time is not at all uncommon, although your case may or may not follow that pattern. Every case is different.
Understandably, discussing these unfamiliar legal concepts with a lawyer and inserting your children’s names can be emotionally draining. It helps to share common ground; attorneys with Arizona Law Group are parents, too. When we say we understand how unsettling this may be for you, we mean it. We appreciate the deeply held values and intense emotions that accompany serious discussions about our children. As divorce lawyers, we will help with every legal aspect of your case. If you desire a referral for additional support, then we can also direct you to divorce counselors and other advisors who can help you manage the emotional turmoil and mental stress associated with divorce and child custody.
As part of the custody case, our legal team works with child custody evaluators, mediators, parenting coordinators, mental health professionals, and best interest attorneys, among others. All of whom may be involved, in one way or another, to help the parties resolve disputes and to assist the court in determining what parenting plan terms are in the children’s best interests. This is a tall order, but we do it every day and do it well. Also, if you have experienced an alleged violation of parenting time rights (ARS 25-414), we can help.
Child Support in Arizona Law
Child support will be ordered in conjunction with custody orders. Calculations are made under the Arizona Child Support Guidelines. Because we have such guidelines, child support tends to be one of the more predictable aspects of the case. Although the court may deviate from guidelines for good cause by increasing or decreasing the amount of child support to be paid by the obligor parent.
Child custody determinations can be among the most difficult cases, but there are ways to improve success. Experienced attorneys know best how to help clients negotiate agreement to a parenting plan. And if agreement is not reached, how to litigate the important remaining issues strategically and persuasively. Never do the child custody lawyers with Arizona Law Group lose sight of the need to always assist clients in choosing the path that is in the children’s best interests and, if anything changes, help with custody modifications (ARS 25-411).
Alimony/Spousal Maintenance
Alimony, also known as spousal support or maintenance, is a legally mandated financial obligation paid by one spouse to another following a divorce. The purpose of alimony is to provide financial support for the lower-earning spouse and prevent an unfair economic disparity due to the divorce. In the event of a divorce, a Peoria divorce attorney could make sense to defend your best interest.
Courts typically consider various factors when determining if one spouse should receive alimony, and if so, the amount and duration. These factors may include the length of the marriage, the couple’s standard of living, the age and health of both spouses, their earning capacities, and contributions to the marriage.
Under certain circumstances, alimony awards may be modified or terminated if there is a significant change in either spouse’s financial situation, or lifestyle, or the recipient spouse remarries or cohabitates with another partner.
Property Settlement in Arizona Divorce
With divorce comes property settlement, requiring identification of assets and debts, valuation of community property, and final division of the marital estate. This can be a complicated process as when, for example, there is a professional practice to value, real estate holdings to identify, offshore trusts to divide, and hidden assets to locate and bring to the table for division. Every divorce has its unique challenges.
Arizona Law Group has the talent, experience, and professional resources to handle settlement negotiations involving the most complex marital estates and to aggressively litigate when necessary. Our divorce attorneys work closely with private investigators, forensic accountants (certified public accountants), data retrieval experts, business valuators, analysts, and other experts who assist us in pulling together everything we need to present your strongest case. With over six decades of combined legal experience, we are skilled at preparing for every scenario including the need for an equalization payment. We never shoot from the hip or leave anything to chance. Visit our property information hub to learn how community assets and debts are divided in Arizona divorce law.
Adoption
Adoption is the legal process where one person assumes the parental responsibilities for a child not biologically their own. Family law plays a crucial role in regulating the adoption process, ensuring that the prospective adoptive parents meet the requirements and follow the proper legal steps. This can include home studies, interviews, and meeting specific state or international adoption guidelines.
