If you are facing legal concerns related to a situation involving your family, you may be wondering what your next steps are. Rather than risking potential negative outcomes for you and your family, seek legal counsel. Understanding when to hire a family lawyer in Phoenix can spare you stress right now, avoid emotional turmoil in the future, and ensure your situation is resolved with the best possible outcome.
What Is Family Law, and Do I Need a Family Lawyer in Phoenix?
In Arizona, family law refers to the set of rules that govern issues related to familial relations, and the legal cases that settle disputes and ensure the well-being of the individuals involved – particularly children. Cases involve marital and family issues like divorce, marital agreements, spousal maintenance, child custody, adoption, other decisions made on behalf of children, and more. Family law cases can also include domestic violence and protection orders.
Knowing when to seek family law help in Phoenix can make all the difference in your case. Seek legal counsel early on for the best results in these case types.
Divorce in Phoenix: Don’t Go Without Counsel
Arizona is a no-fault divorce state, which means any individual can file for divorce without proving their spouse committed any wrongdoing to necessitate the end of the marriage (ARS 25-312). However, the absence of fault does not mean divorce is easy. In fact, divorce is rarely simple, as many issues must be resolved before a marriage can be legally terminated. Meeting with a divorce attorney is crucial to ensure the process is as streamlined and stress-free as possible.
A Phoenix divorce lawyer can help you determine whether you meet these Arizona requirements:
- You or your spouse must have lived in the state for at least 90 days.
- If you live in Maricopa County, you must file with the local county court or in your spouse’s county of residence.
- You must participate in a 60-day waiting period (ARS 25-314.01) before the divorce may proceed.
Once requirements are met, the process for divorce in Maricopa County involves filing a Petition for Dissolution of Marriage. If you choose to file for divorce, your attorney can help you file paperwork, adhere to the Phoenix family court’s strict procedural rules, and consider how Arizona statutes could affect your outcome.
When You Should Call a Family Lawyer in Phoenix
While hiring a family lawyer is a wise decision for any individual deciding to divorce or pursue a resolution to another family law concern, immediately consult with a Phoenix family law attorney if you are experiencing the following situations:
- Your spouse has hired an attorney or has served you with papers
- You believe that your spouse is hiding assets or income.
- You and your spouse have significantly different incomes and/or sizable assets.
- You and your spouse disagree over custody, parenting time, or relocation.
- Your circumstances include allegations of abuse, neglect, or substance use.
When You Should Seek Attorney Help During Divorce
While the presence of children and issues like abuse often immediately necessitate a call to a local Phoenix divorce lawyer, it’s also essential to secure help from an attorney to address some frequently occurring financial considerations.
Property Division Concerns
Courts in Arizona must divide all marital property equitably, as Arizona is a community property state, but division is a much more complex process than simply splitting all assets 50/50. It is essential to have an attorney on your side to ensure a fair division. In addition, some individuals attempt to act unethically and conceal assets to prevent their division. If you believe your spouse has hidden assets or other valuable property to avoid division, consult with a divorce and family law attorney right away to secure evidence and pursue the equitable division of property you deserve.
Retirement and Pension Concerns
Retirements and pensions are other assets that may be a part of the property division and can be challenging to divide equitably. In most situations, retirement assets, such as a 401(k), are considered marital property. If you are divorcing and you or your spouse have one or more retirement or pension assets, you need a skilled Maricopa County divorce attorney to help you ensure a fair distribution.
Spousal Maintenance
In Arizona, spousal maintenance is financial support from one spouse to another that allows the lower-earning spouse to continue living as comfortably as they did during marriage. This court-ordered payment may be deemed necessary in certain situations, such as when one spouse is disabled or has given up their career to stay home and care for their children. If you anticipate experiencing a severe reduction in your financial security after divorce, you need the help of a family law attorney to gather evidence and demonstrate your need to the local court.
Custody and Parenting Time Disputes
Child custody refers to both physical and legal custody, terms known in Arizona as parenting time and decision-making rights. When a child custody case becomes a custody battle, you need the assistance of a Phoenix custody lawyer to minimize your stress and help you reach an enforceable settlement that ensures the best interests of your child.
When You Should Consult with a Child Custody Attorney in Phoenix
Rarely, divorcing couples find they can come to a parenting agreement without the need for negotiation, but a Maricopa County judge must still approve the plan. More frequently, attorney help is necessary to ensure an agreement that meets the child’s best interests or addresses disputes during negotiation, mediation, or litigation. A child custody lawyer may also be required to address problems or disputes with an existing parenting plan.
It’s time to stop DIYing and contact a local Phoenix child custody lawyer when:
- You and your spouse cannot agree on a parenting plan that assigns parenting time and legal decision-making rights
- A life-changing event has taken place since the creation of your parenting plan and you need to request a modification
- You don’t feel the proposed or current parenting plan is in the best interests of your child
- The other parent is not adhering to the parenting agreement
Get Attorney Help with Modifying a Child Custody Agreement
Making changes to an existing court order is not easy, and typically requires the assistance of a skilled local attorney with considerable knowledge of the local court system. Modifications to an existing child custody agreement may be necessary if certain life-changing events occur, such as a drastic change in work schedules, a profound health change, a parent’s disability, or the need for one or both parents to relocate. A family lawyer can assist you and the child’s other parent with negotiating the changes and filing the correct paperwork with the Maricopa court system to request a new order. Child custody modifications for parents who cannot agree are possible, but are typically difficult without the assistance of a knowledgeable child custody attorney.
Contact an Attorney to Enforce Child Custody Orders
If your child’s other parent does not adhere to visitation schedules or parenting plans, immediately contact a Phoenix child custody lawyer. Petitions for enforcement of a child custody order require evidence of refusal or failure to comply with the terms of a custody order, and a local attorney is your best resource for beginning the process. Reach out as soon as one party fails to comply so your attorney can help you protect your children and ensure your peace of mind.
Child Support and Financial Concerns
Even if parents are not parenting together or cohabiting, both must financially provide for their children. Child support enables the parent with less parenting time to provide their share of necessities, such as healthcare, school tuition, childcare, food, and clothing. While the Arizona Child Support Guidelines demonstrate how child support is calculated, it can be intimidating and overwhelming to determine your expected child support contribution alone. Determine a fair amount with the assistance of a child support lawyer in Phoenix.
When to Consult with a Child Support Lawyer in Phoenix
Don’t navigate the complex child support considerations alone; reach out to a child support lawyer in Phoenix as soon as:
- You or your child’s other parent experience disputes over income
- Either you or the other parent is self-employed
- Either you or the other parent are considering relocating to another state
- Your child’s other parent is not complying with the child support order
- One or both parents experiences significant changes in income
Get Help Modifying a Child Support Order
Changes in life circumstances may require modifications to your original child support order, especially if the paying parent can no longer make the court-ordered payment or experiences a significant increase in income that necessitates a larger payment.
Common situations that impact a parent’s expected contribution can include:
- Changes to a custody agreement
- Remarriage
- Loss of employment
- Incarceration
- Other needs of the child arise
Modification requests are not typically a DIY project – any discrepancy in your child support payment can put your financial security at risk. To request a modification in Maricopa County, reach out to a local child support lawyer. A knowledgeable family law attorney can help you draft a request for a child support modification that demonstrates a need for the change.
Get Attorney Help Enforcing a Child Support Order
When your child’s other parent fails to pay the court-ordered child support, they are not meeting your child’s needs and endangering your own financial security.
Parents who fail to pay child support may be subject to enforcement by the court, resulting in consequences like:
- Fines
- Contempt of court charges
- Jail or prison time
- Probation
- Removal of assets
- Revocation of custody rights
- Suspension of visitation
- Wage garnishment
Don’t navigate this complex system alone; a Phoenix child support lawyer is a crucial resource for child support enforcement. If your child’s other parent is in violation of the existing child support order, reach out to an experienced attorney who can help you find supporting evidence, submit documentation, and present the best case to achieve child support enforcement.
Domestic Violence and Protective Orders
Most family law cases are strictly handled in civil court, governed by Title 25 of the Arizona Revised Statutes. However, certain cases involve criminal matters, particularly in relation to domestic violence. The presence of domestic violence or domestic violence accusations automatically elevates a simple family court case to a serious situation that demands the expertise of a skilled Phoenix family lawyer.
When to Consult with a Domestic Violence Lawyer in Phoenix
Once domestic violence accusations arise, do not attempt to handle your family court matters alone.
Consult with a Maricopa County domestic violence attorney immediately if:
- You were arrested or accused of a domestic violence related crime
- If you have been harassed, sexually assaulted, or have experienced bodily harm
- If you have been violently threatened with or without a weapon
- If you believe that you and/or your children are in danger of the above circumstances
Keep Yourself and Your Family Safe: Contact a Phoenix DV Lawyer
If you are experiencing harm or the threat of harm, contact a discreet, compassionate family lawyer as soon as possible. A family or civil court can determine the legal steps necessary to keep any victims, including children, safe from harm. Your attorney can file petitions requesting alterations to custody orders or other forms of protective orders. Timely filings by a domestic violence attorney is one of the best ways to protect yourself and your family.
Address False DV Accusations
Accusations of domestic abuse can lead to criminal proceedings in criminal court that can trigger criminal penalties, including fines and a prison sentence. In addition, accusations can lead to ramifications in your personal, professional, and social life. If you are accused of domestic violence, it is not the time to represent yourself. Consult with a Phoenix domestic violence defense attorney who has the in-depth knowledge of the local criminal court system necessary to begin building a strong defense.
Why Hire Local Phoenix Lawyers?
Securing representation from family law attorneys who are familiar with Maricopa County courts, judges, and staff is an irreplaceable asset for your family law case. Every court system has its own dynamics, procedures, and potential outcomes depending on a host of local factors, and a local lawyer is familiar with them all.
For this reason, local representation can result in better outcomes for your family law case. A Phoenix family court lawyer has experience with the Maricopa County family court system that can prepare you for the complex legal process and assist them in developing a strong case for you.. This includes completing required filings in a timely manner, preparing solid arguments, negotiating effectively, and serving as your representative in court.
The Valley Law Group has four local offices including our flagship Phoenix office, which is headed by Managing Attorney Jon McCarty and his team. As an Arizona “Super Lawyer” in family law, Jon not only achieves positive outcomes for his clients; he believes in compassionate, thoughtful representation that preserves client rights. Best of all, he knows how to find success in the local court system.
Consult with a Phoenix Family Lawyer
Whether you are facing everyday family law issues like divorce, custody, and child support or you are experiencing the dangerous impacts of domestic violence, the time to hire a family lawyer is now. Choosing the right family law attorney in Phoenix can make all the difference in your case as well as your physical and emotional wellbeing. Schedule your free consultation with our Phoenix family lawyers today.
Sources:
- Arizona Courts. (n.d.). Spousal maintenance guidelines.
https://www.azcourts.gov/familylaw/Child-Support-Family-Law-Information/Spousal-Maintenance-Guidelines - Arizona Department of Child Safety. (n.d.). What are the basic requirements in Arizona for becoming foster or adoptive parents?
https://dcs.az.gov/resources/faq/question-what-are-basic-requirements-arizona-becoming-foster-or-adoptive-parents - Arizona Law Group. (n.d.). Adoption. https://www.arizonalawgroup.com/family-law/adoption/
- Arizona Legislature. (n.d.). A.R.S. § 25-314.01. https://www.azleg.gov/ars/25/00314-01.htm
- Arizona Legislature. (n.d.). A.R.S. § 25-318.
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/25/00318.htm - Arizona Legislature. (n.d.). A.R.S. § 25-319. https://www.azleg.gov/ars/25/00319.htm
- Arizona Legislature. (n.d.). Arizona Revised Statutes, Title 25.
https://www.azleg.gov/arsDetail/?title=25 - Britannica. (n.d.). Family law: Children. https://www.britannica.com/topic/family-law/Children
- CHM Law. (n.d.). Family law overview. https://www.chmlaw.com/family-law-overview/
- Maricopa County Superior Court. (n.d.). Divorce and legal separation.
https://superiorcourt.maricopa.gov/departments/superior-court/family/divorce-legal-separation/ - Maricopa County Superior Court. (n.d.). EZ court forms.
https://www.superiorcourt.maricopa.gov/ezcourtforms2/ - Maricopa County Superior Court. (n.d.). FC group 14: Parties agree.
https://superiorcourt.maricopa.gov/llrc/fc_group_14-parties-agree/ - Maricopa County Superior Court. (n.d.). FC group 14: Parties disagree.
https://superiorcourt.maricopa.gov/llrc/fc_group_14-parties-disagree/ - Maricopa County Superior Court. (n.d.). FC_DRESE1.
https://superiorcourt.maricopa.gov/llrc/fc_drese1/ - Maricopa County Superior Court. (n.d.). FC_DRESE2.
https://superiorcourt.maricopa.gov/llrc/fc_drese2/ - Maricopa County Superior Court. (n.d.). Protective orders.
https://superiorcourt.maricopa.gov/llrc/protective-orders/Mary K. Boyte Law. (n.d.). Understanding family law in Arizona: Your rights and responsibilities.
https://marykboyte.com/family-law/understanding-family-law-in-arizona-your-rights-and-responsibilities/ - Phoenix City Clerk Department. (n.d.). Domestic partnership registration.
https://www.phoenix.gov/administration/departments/cityclerk/programs-services/domestic-partnership-registration.html - WG&F Law. (n.d.). What does a family law attorney do?
https://www.wgandf-law.com/what-does-a-family-law-attorney-do/
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
Read More About Jonathan Roeder