Arizona Family Law Laws

What Will the Judge Decide in My Divorce Case | Arizona

Michael Clancy

 

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.

By: Attorney Michael Clancy

Do I Need a Reason to Get a Divorce | Scottsdale Divorce Law

Chris Hildebrand

 

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

What Does "Opting Out" Mean | Arizona Family Law

Mitchell Reichman

 

Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

Hi, my name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the Family Law Department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

How To Begin a Divorce in Arizona | Phoenix Divorce Attorney

Joel Hoffman

 

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Who is a Mandatory Reporter | Arizona

Michael Clancy

 

A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.

By: Attorney Michael Clancy

A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.

By: Attorney Michael Clancy

How Do I Enforce Parenting Time | Arizona

Kip Micuda

 

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

Contact an Arizona divorce lawyer to begin enforcing your parenting time.

By: Attorney Kip Micuda

Alan Cochran - Profile Video | Scottsdale Divorce Attorney

Alan Cochran

 

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

Attorney Alan Cochran

I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.

By: Alan Cochran

How Does Visitation Affect Child Support | Scottsdale Family Law

C.D. Owens

 

How Child Custody Can Impact Child Support

Visitation significantly effects child support. For example, if two divorcing parties, a divorcing party agree that their going to be adult about recognizing that a child needs both parents and agree therefore to share visitation, custody of the kids, they will have a week on week off or they’ll have five-two-two weekly application of time and whatever they decide is going to really effect visitation. A 50-50 sharing of the time with the kids with a situation where two people make almost the same amount of money a month, will result in no child support.

If the father however has every other weekend with one day in the intervening week, one night in the intervening week, he’s gonna have substantial child support, particularly if he makes substantially more money, earns more than the mother does. So, it’s a complicated situation, one of the most difficult ones that parents have to make and we’re always there to help them if we can.

By: CD Owens

How Child Custody Can Impact Child Support

Visitation significantly effects child support. For example, if two divorcing parties, a divorcing party agree that their going to be adult about recognizing that a child needs both parents and agree therefore to share visitation, custody of the kids, they will have a week on week off or they’ll have five-two-two weekly application of time and whatever they decide is going to really effect visitation. A 50-50 sharing of the time with the kids with a situation where two people make almost the same amount of money a month, will result in no child support.

If the father however has every other weekend with one day in the intervening week, one night in the intervening week, he’s gonna have substantial child support, particularly if he makes substantially more money, earns more than the mother does. So, it’s a complicated situation, one of the most difficult ones that parents have to make and we’re always there to help them if we can.

By: CD Owens

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