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About Us

The firm, originally formed in 1973, is located near downtown Phoenix.  Although most of our clients come to us from Maricopa County, we are also pleased to provide legal services in the area of Divorce and Family Law throughout the state.

Our goal is to provide quality legal representation to our clients and to make the unpleasant process of terminating a marriage more bearable.  We strive to be caring, dedicated professionals whose idea of a successful resolution of divorce and family law matters is one which produces the best possible result for our client, at the lowest possible cost. 

We avoid costly and wasteful harassment tactics and aggressively resist those tactics if employed by opposing counsel.  Our overriding concern is, as it should be, the best interest of our clients.

Contact Us

We can be reached in person or by postal mail at:
1422 N. 2nd Street, Suite 100
Phoenix, Arizona  85004
Phone (602) 254-7251
Fax (602) 254-1229

We are happy also to accept email and will respond within 24 hours at the address:
contactus@familylawaz.com

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DISSOLUTION (Divorce)

Dissolution is the court process to determine all of the very important issues involved when a couple have decided to end their marriage. Every divorce is different, but they generally all include similar issues: the division of property and debts,custody and visitation of children, support of children and support of a spouse (spousal maintenance).

What are the legal requirements for filing for Divorce in Arizona?

To file for a divorce in Arizona you or your spouse must have been domiciled (lived) in Arizona or been stationed as a member of the armed forces here for at least 90 days before you filed. Also, if you are asking the judge to decide matters about children, like custody and support, you must generally  have resided here for 6 months with the children, immediately before you file for divorce, unless there are other emergency circumstances to file in Arizona.

What happens when the Divorce documents are filed?

Upon the filing of the necessary documents with the Court, the Clerk of the Court issues a Temporary Restraining Order to Both Parties, which forbids either party from selling, concealing or wasting the community assets. It also prevents either parent from removing any common children from the state of Arizona. It also prohibits either party from bothering or harassing the other party. Failure to obey this restraining order is punishable by proceedings for contempt.

How long does it take for a Divorce to be granted?

A decree of dissolution of marriage in Arizona cannot be entered until the expiration of 64 days from service of the divorce documents upon the other party or the filing with the Court Clerk of an acceptance of service of the Divorce documents upon the other party, signed by the other party.

What must be shown in order for a Divorce to be granted in Arizona?

Although deciding what information to put in the divorce papers is often complicated, the process for many divorces in Arizona can be quite simple. Arizona is a no-fault divorce state, which means that you do not need to prove that the other spouse did something which entitles you to a divorce. You simply need to allege that the Marriage is irretrievably broken and that there are no reasonable prospects of reconciliation.

However, Arizona has recently allowed individuals to enter into “Covenant Marriages”. If you and your spouse decided to enter into a Covenant Marriage, then there will be different rules to follow in seeking a divorce.

LEGAL SEPARATION

Legal separation is a court process to determine some of the important rights and relationships between spouses who have decided to separate, but not divorce.  Thus, when the process is over, the spouses are still married. 

How does Legal Separation differ from Divorce?

The process for Legal Separation involves all of the same issues that the process for Dissolution (Divorce)  involves, including:  custody, visitation, child support, spousal maintenance, and  division of property and debts.  However, all of the legal rights and relationships resulting from marriage are not necessarily ended, as with a divorce.

What happens if one or both of the parties wish to get divorced after an order of Legal Separation is entered?

If either spouse later wanted to remarry another, that spouse would have to  file for Divorce regardless of the fact that the parties had already been legally separated. 

ANNULMENT

Annulment is a court process to declare that the parties were never legally married to begin with, because at the time of the marriage something was wrong so that no legal relationship could be established by marriage.

What is the legal effect of an Annulment?

The general effect of an annulment is to put the parties to the marriage in the same position that they would have been had they never married.

What are the requirements for obtaining an Annulment?

In order for the Court to grant an annulment of a marriage, the Court must be persuaded that sufficient grounds for an annulment exist. Generally, the basis for granting an annulment of a marriage is fraud, inability to consummate the marriage, that a party to the marriage is a bigamist, has concealed a criminal past or concealed the fact of a communicable disease or other grounds which the Court recognizes as a valid basis for the granting of an annulment.

Why file for an Annulment?

Filing for an annulment of marriage, as opposed to filing for divorce, is normally done for financial or religious reasons.

What other issues can be decided in an Annulment?

Even if the marriage was invalid or void, for whatever reason, there still may be the need to enter orders related to custody/visitation, child support, division of property and debt, and any other relevant issues. If you are interested a possible annulment, we look forward to talking with you about whether you can request such a Court order, and what the possible results may be.

PATERNITY

Paternity is the court process to establish the fatherhood of a child and both parents’ rights and responsibilities with regard to children born outside of marriage.   Both parents of a child owe an obligation of support for a child.  If the father of a child refuses to acknowledge that he is the father of the child, a mother can file an action for Paternity to establish that he is, in fact, the father of the child.

How is Paternity Established?

Generally, paternity is either admitted or established through the use of blood tests.  With modern DNA testing, paternity can be established to a near certainty.  Arizona courts recognize DNA testing to establish paternity. 

What if parentage is denied by the father or mother?

A father who denies that he is the parent can be compelled to submit to a blood test. A mother who denies that a man is the father of her child, can also be compelled to submit to a blood test to establish parentage.

What is the effect of establishing Paternity?

Once the issue of parentage is proven, the father can then be ordered to provide for past and future support of the child (including medical coverage and child birth expenses); however, the father can then also gain his rights of custody and visitation, in accordance with the best interests of the child.

Other than parentage, what else is established in a Paternity action?

Every Paternity action is different, but they generally all include similar issues: whether an individual is in fact the father of the child, the custody and visitation needs of the respective parents, past and future support and medical expenses regarding the child.

CHILD CUSTODY

Child Child custody refers to the rights and relationships between the parents and their children when the marriage relationship has failed or ended. The court can order sole custody or joint custody. The most important aspect of custody, rather than deciding what legal term to use, is to decide how both parents will share responsibility for the children, and the amount of time each parent will spend with the children.

Can the custodial parent refuse to provide custody or visitation rights if child support is not being provided by the other parent?

Child support is a different issue from child custody. A parent cannot be denied access to a child merely because that parent is not paying support.  Likewise the custodial parent cannot be denied support even if that parent is not providing access to the child to the non-custodial parent.

What is sole custody and joint custody?

Sole Custody:An order of Sole Custody generally gives one parent the full legal responsibility for the child, with regard to making all decisions in the child’s life. The other parent will generally have visitation rights.

Joint Custody: The effect of a joint custody order is that both parents have equal say in the major decisions of a child’s life, such as education, major medical treatment and religion. Joint Custody does not effect the amount of support obligation that the non-custodial parent is required to pay or otherwise affect visitation. Generally, each parent has specified access rights (visitation).In some cases, the parents can also share joint legal and physical custody. However, joint custody does not necessarily mean that each parent will spend equal time with the child or children.

CHILD VISITATION

Parent-child access (visitation) is ordered so that the parent who does not have primary custody of the child can still see the child. The Court considers it very important for both of the parents to remain an active and important part of the child’s life.

How is Child Visitation decided?

The court will order reasonable visitation according to the age of the child, but the amount of visitation can vary by agreement between the parents. A judge cannot make a parent visit a child if the parent does not want to.  Provisions are normally made with regard to weekday, weekend, holiday and summer access.

Sometimes a parent believes that any access by the other parent should be supervised. This means that the non-custodial parent only has visitation with another person present. Supervised visitation can be ordered in cases where the non-custodial parent abuses drugs or alcohol, is violent or abusive, or does not have the parenting skills to care for the child without another adult present. Supervised visitation is not intended to punish the parent, but to protect the child.

Can Child Visitation be totally denied a parent?

The Court does not generally allow a custodial parent to totally prevent the other parent from seeing the child on a regular basis. However, this may be appropriate if the non-custodial parent has seriously harmed or abused the child, or is otherwise a serious danger to the child's emotional or physical health. An order of no contact by a parent is a last resort, and is used solely to protect the child.

The Maricopa County Superior Court publishes the guidelines established by the Court for establishing child visitation in a contested case. If you use the guidelines you might be able to agree on visitation arrangement that is best for the children and the parents, without the delay and expense of a contested court trial. If you are unable to agree, then the judge will have to decide what is in the best interest of the child when deciding what kind of custody and visitation to order. Often this is complicated, and we look forward to talking with you to help you understand your rights, duties, and responsibilities as to custody and visitation.

CHILD SUPPORT

Child support refers to payments made by one parent to the other for the needs of their common children. A parent who has physical custody of a child for 50% or more of the time may receive support from the other parent for that parent's share of the support for the child.

How is Child Support Determined?

The amount of child support is determined by using guidelines created by the State of Arizona. Determining the appropriate amount of child support, in applying the Child Support Guidelines, includes taking into consideration:

• the combined income of both parents; whether either parent has other children not common to the parties living with them, or otherwise pays or receives support;
• whether either parent pays or receives spousal maintenance;
• the costs of daycare, and which parent pays for it;
• the costs of health insurance, and which parent pays for it;
• whether the child has any special medical or educational needs;
• the age of the child
• the amount of time the parent paying support actually spends with the child

Can the parties vary from the Court's Child Support Guidelines?

In some circumstances, the parties can request that the Court allow them to vary from the child support guidelines. The Court is not required to allow such a variance.

How is Child Support paid?

Once ordered, child support payments are generally taken directly out of the wages of the party paying support and sent to the Court by that person's employer. The Court then sends the support to the party receiving the child support payments.The Court also keeps accounting records of the exact amounts of child support payments received, and the dates received, in case there are any future disputes.

Can Child Support payments be made in a form other than money?

Child support must be paid in money -- not in clothes or gifts. Child Support must be paid through the Clerk of the Court if there is a court order for support.

How long must Child Support payments be paid?

Child support orders apply to any child under the age of 18, or until the child is 19 if the child is still attending high school or an equivalency program. In addition, if a child is mentally or physically handicapped, the judge may order that support payments continue indefinitely, past the age of majority.

Remember, each case is different. What your friends pays or receives in child support has no bearing on what you may pay or receive. We look forward to talking with you further to explain how child support might be ordered in your case.

SPOUSAL MAINTENANCE (“Alimony”)

Spousal maintenance (sometimes referred to as “alimony”) is money paid by one spouse to the other as part of the divorce decree, or on a temporary basis while the divorce is pending.>Spousal maintenance is paid separately from child support and is not a substitute for, or a supplement to, child support payments.

What factors are considered in determining Spousal Maintenance?

Spousal maintenance can be agreed to between the parties, or decided by the judge. If left up to the judge, the judge will consider the length of the marriage, the age and earning ability of the spouse who is asking for maintenance, the standard of living the parties enjoyed during the marriage, the ability of the other spouse to pay and what the person who is asking for the maintenance contributed to the marriage.  The court has established spousal maintenance guidelines to aid the court in determining an appropriate amount of support.

Are Spousal Maintenance payments taxable?

Spousal maintenance payments are taxable income to the receiving spouse, and tax deductible by the paying spouse.

How long is Spousal Maintenance required to be paid?

Generally, an order for spousal maintenance is for a specific period of time and is ordered so that the spouse who is receiving support prepares to get financially able to live without the payments.

Spousal maintenance ends when the spouse who receives the support remarries, dies, or when the amount of time for which it is ordered is over.Not every divorce case involves spousal maintenance. We look forward to talking with you regarding the likelihood of receiving or paying Spousal Maintenance.

MARITAL PROPERTY AND DEBT

Arizona is a community property state. This means that any property (other than gifts or inheritances) you and your spouse acquired during the marriage belongs equally to both parties and any joint debts incurred during the marriage are the equal responsibility of both parties. Thus, it does not matter whether one spouse worked during the marriage and the other did not. Community Property can include real property, personal property, money, stocks, bonds and a party’s interest in an employer sponsored profit sharing or pension plan or individual retirement plan.

What if a debt is incurred primarily for the benefit of one party?

All debt incurred during the marriage, no matter by whom, is generally considered to be the community debt of both parties. This is true even if the debt was incurred for purchase of an item that only one of the parties uses.For example, if a husband buys tools for his job, hobby, or sporting equipment on credit, that obligation is a community obligation, although the wife might never use those tools or sporting equipment.As with community property, generally, debts owed by one party prior to the marriage remain a separate debt of that party and do not become transformed into a community debt just because the parties got married.

How is Property and Debt divided?

When either spouse files for a divorce, all the community property must be divided into separate property, so each spouse is allocated a certain “equitable” amount of the property. In addition, all community debt must be “equitably” divided. The term “equitable” means that each spouse is entitled to roughly half of the community property and debts.It usually does not matter who paid for the property directly, whose credit it was purchased under, or who uses the property most of the time. If the parties cannot agree upon a division of the community property and community debts, then the Court will make a division of that property and those debts.

Property that was received as a gift by one particular spouse, or that was an inheritance by one spouse, is not generally community property. Also, property that either spouse bought or acquired or paid for before the marriage is generally not community property. But there might be some other results if during the marriage the spouse continued to make payments on the property with community funds. It is possible for separate property to be “co-mingled” so that it loses its status as separate property and becomes community property (i.e. a home owned by one party is deeded to both parties or where community funds are mixed in with separate funds).

TEMPORARY ORDERS

Because divorces can take a long time to finish, you are allowed to seek temporary orders from the Court. Temporary orders are orders the judge may enter in your case while you are waiting to finalize the divorce. Either party can file for temporary orders.

What kind of Temporary Orders can be requested?

Generally, the Court will, in appropriate cases, enter temporary orders regarding spousal support or child support or temporary orders regarding custody and visitation of children.  These types of orders are in addition to the Temporary Restraining Order issued by the Clerk of the Court when a divorce action is filed.

When can Temporary Orders be requested?

Temporary orders are short-term decisions by the judge about child support, custody, visitation, spousal maintenance, and any appropriate temporary property or debt issues. After filing a Petition for Temporary Orders, the Court will set a hearing as soon as they have available time.It is common to file the request for temporary orders at the same time you file for divorce, legal separation or paternity. However, temporary orders can generally be requested at any time while the action is pending.

GRANDPARENTS VISITATION RIGHTS

Arizona, by statute, recognized the right of a grandparent to have visitation with their grandchildren. If a custodial parent refuses to allow grandparents to visit with their grandchildren, a grandparent can file a petition with the Court in order to have visitation rights with the grandchildren established. As with all visitation and custody matters, the Court's overriding concern is the best welfare of the child.

GRANDPARENTS VISITATION RIGHTS

Arizona, by statute, recognized the right of a grandparent to have visitation with their grandchildren. If a custodial parent refuses to allow grandparents to visit with their grandchildren, a grandparent can file a petition with the Court in order to have visitation rights with the grandchildren established. As with all visitation and custody matters, the Court's overriding concern is the best welfare of the child.

DOMESTIC VIOLENCE INFORMATION (ORDER OF PROTECTION)

Domestic violence includes the following crimes that result in violence or the threat of violence against anyone in a domestic relationship: assault, threatening and intimidating, endangerment, custodial interference, unlawful imprisonment, kidnapping, criminal trespass, criminal damage, disorderly conduct and crimes against children. If you are in imminent danger of becoming a victim of domestic violence, call 911 immediately.

What legal steps can be taken to try to prevent Domestic Violence?

If you are not in immediate danger and want to take legal action to protect yourself, and others, threatened by domestic violence, you can file court paperwork at the Superior Court, at any Justice of the Peace Court to request an Order of Protection.

What if Divorce documents have already been filed with the Court?

If you already have filed a domestic relations case in the Superior Court, you must file your Order of Protection paperwork in the Superior Court. And, if you plan to file a Domestic Relations case, you may want to file your Petition for Order of Protection in Superior Court.

What is an Order of Protection

An Order of Protection issued by a judge is an Order intended to help prevent further acts of domestic violence by allowing you to get help from the police if the order is violated. These orders are valid for one year from the date issued, and are renewable. An Order of Protection is not a guarantee of your safety. You should always remain cautious and have a personal safety plan.

Can an Order of Protection be used to keep a parent from seeing that parent's child?

An Order of Protection is not an order for temporary child custody for the purpose of preventing a parent from seeing children, unless the children are also endangered. It is not an order for visitation.

What are the requirements for requesting an Order of Protection?

Before you can file for an Order of Protection, you must have a certain relationship with the person that is abusing you. The defendant must be one of the either

your spouse or former spouse; or

your roommate or former roommate of the opposite sex

the father or mother of your child or your unborn child; or

your blood relative or relative by marriage.

If the defendant is not any of these relationships to you, but is still harassing you, you may still be able to file for an

Injunction Against Harassment

INJUNCTION AGAINST HARASSMENT

According to Arizona law, Harassment must involve a series of acts. Just one incident, no matter how much it bothers you, does not constitute legal harassment. According to the law this series of acts:

Where can a request for an order against Harassment be filed?

A request for an order against harassment can be filed in the Superior Court or the Justice Court.

SERVICES FOR VICTIMS

If you are a victim of domestic violence, you can call Community Information and Referral at (602) 263-8856 to help you find the services that can help you most including the following:

EMERGENCY MEDICAL: These services are emergency rooms at hospitals or the fire department paramedics that can help you with immediate physical effects of domestic violence. Call 911 now if you need emergency help.

EMERGENCY SHELTERS: These are places located all around the county where you, and in most cases your children, can go when you leave the abusive person. The addresses of the shelters are usually kept secret so the abusing person cannot follow you there to continue the abuse. In the shelters, you will have a safe place to stay, food, and often counseling, to help you and your family. Many shelters also have support groups and recovery counseling for victims who are still with their partners.

POLICE:Police help with violence on the scene, and some departments also offer civil stand-by which is when an officer goes with you to your home to help you safely get your personal or your children's property. A civil stand-by cannot be used to divide shared or community property.

CRISIS INTERVENTION AND HOTLINE: These services can help you with the immediate crisis by giving you counseling, and information about medical or other help.

COUNSELING SERVICES: These services can help you deal with the emotional and psychological problems that often accompany domestic violence.

FINANCIAL HELP: These services include emergency financial help, and also credit counseling, help finding jobs, and job training information.

MEDICAL-DENTAL: These are non-emergency services that may be available at a reduced cost or no cost to you and your family.

TRANSPORTATION: These services include Dial-A-Ride and bus or taxi information.

INTERNATIONAL CHILD ABDUCTION

The United States is a signatory to the Hague Convention on International Child Abduction. Over 40 other countries are also signatories to the treaty, which was signed by the United States in 1988. The convention provides, generally, that if a parent takes a child from its home and removes it to a signatory country, without the permission of the other parent, the parent who has been deprived of custody can petition the signatory country to return the child to the non-custodial parent. The petition under the Hague Convention should be filed as soon as possible after the abduction, and if at all possible, within one year of the abduction.

PRE-NUPTIAL AGREEMENTS

As its name implies, an agreement entered into between a couple prior to marriage.  Pre-Nuptial Agreements generally present an agreement between the couple who are contemplating marriage as to what property is separate, pre-martial property.  Such an agreement will often make provisions for the classification of property which might be acquired during the course of the marriage, as for example whether it will be treated a separate or community property.   Pre-Nuptial agreements generally deal with the division of property and marital obligations and such matters as spousal maintenance in the event of eventual separation or divorce by the parties.

Does there have to be a full disclosure of all property in a Pre-Nuptial Agreement?

Full disclosure of all assets and obligations of both parties is key to the enforceability of Pre-Nuptial Agreements.  If a party fails to disclose significant assets or obligations it could seriously impact the legal validity of the agreement from that party's standpoint. 

Do both parties to a Pre-Nuptial Agreement need to consult an attorney?

Although it is not mandatory that anybody ever seek out the services of an attorney, it is generally advisable.  Anyone contemplating the signing of a Pre-Nuptial Agreement should consult with an attorney and get a full explanation of the meaning of the provisions contained in such an agreement before signing it.  One should bear in mind, the fact that the attorney who has prepared a Pre-Nuptial Agreement is representing his client and will want to put every provision in the Agreement which will benefit and protect his client.