What Is Family Law? A Simple Guide to Family Law in Arizona

Divorce

Divorce refers to the legal end of a marriage relationship. In general, divorces can either proceed contested or uncontested. An uncontested divorce is possible when the divorcing couple agrees to the divorce and is able to make all legal decisions regarding property division and child custody without significant court oversight. A contested divorce occurs when the couple cannot come to an agreement without a judge’s input during a series of court hearings.

Child Custody

Child custody encompasses both legal and physical custody, which are often referred to as decision-making and parenting time, respectively. Decision-making rights are the legal authority to make decisions about their child’s medical, educational, religious, and other needs. These critical decisions are made on the child’s behalf throughout childhood by one or both parents.

Parenting time refers to a schedule that designates how much time a child spends with each parent, as well as when that time occurs. Parenting time may be shared between the parents, or one parent may have primary physical custody while the other has regularly scheduled visitation.

Child Support

When parents are divorced or otherwise unmarried, the family court expects both to contribute to their child’s needs. If the child spends more time living with one parent, the other is typically required to provide financial support in the form of child support payments. These payments are made to the other parent with the expectation that they are used to pay for necessities like childcare, healthcare, school fees, food, clothing, shelter, and more.

The amount of child support awarded is determined by several factors, including the number of children in the family, the income of both parents, the division of parenting time, the presence of childcare costs, healthcare costs, and other relevant considerations.

Recommended Tool: Try our free Arizona Child Support Calculator 

Spousal Maintenance

Spousal maintenance, also known as alimony, is often a component of divorce proceedings. If one divorcing spouse has a substantially higher income than the other, the spouse who earns less money may be entitled to spousal maintenance to maintain the standard of living to which they have become accustomed. If one spouse is unable to provide for their own financial needs once the divorce is finalized, they may qualify for spousal maintenance until this discrepancy is resolved.

It is important to note that spousal maintenance is not automatic in most states. To determine whether an individual qualifies to receive spousal maintenance, the court will consider certain factors to determine eligibility as well as the amount awarded. These factors typically involve the duration of the marriage, the age of the spouse, their current health status, the earning capacity of both spouses, and whether one spouse is unable to earn enough to meet their needs.

Paternity

In some cases, especially when two individuals are unmarried, there is uncertainty regarding the identity of the biological father. Determining paternity is necessary for parents seeking child support or attempting to establish their parental rights.

If a man is not able to prove paternity, he may not be granted custody. This means that he will not be able to make decisions on behalf of the child or have any parenting time. A mother may not request child support from the father of the child unless paternity is proven.

Establishing paternity may require a paternity test, but not always. Paternity can be established by filing a petition with the court or by both parents signing an acknowledgment of paternity.

Adoption

When a couple or individual wishes to adopt a child, they must follow a complex adoption process.

Requirements for beginning the adoption process can differ by state. Generally, the individual or couple must be at least 18 years old and a resident of the state in which they are applying. They must also be able to pass a background check and receive a fingerprint clearance card from the Department of Public Safety. They must have a place of residence suitable for a child.

Adoptions can originate from the foster care system, internationally, privately here in the US, or due to a family or stepparent situation. Each type of adoption has unique aspects, and family law attorneys can help guide you through the process.

Prenuptial and Postnuptial Agreements

A prenuptial agreement is a marital agreement created before the marriage with the purpose of protecting individual assets in the event of a death or divorce. A postnuptial agreement is a similar agreement created after the wedding. Marital agreements are a wise decision for many couples, especially those who have valuable assets, children from previous relationships, or other complexities involving the division of assets

Marital agreements often determine whether one spouse may receive spousal maintenance and may even explicitly outline those terms. Additionally, a marital agreement can delineate how property and debts are to be distributed to ensure fair, streamlined division of assets during the divorce process.

A skilled family law attorney can ensure the creation of a legally valid marital agreement that avoids pitfalls like unethical asset distribution, coercion, and other fraudulent conditions.

Legal Advice

One of the most important duties of a family law attorney is to provide legal advice to their clients. Depending on the case type, legal advice can take many different forms. Attorneys can advise their clients regarding the creation of a valid prenuptial agreement, the division of assets in a divorce case, the pursuit of a fair parenting agreement, and more.

Legal Filings

A lawyer possesses extensive knowledge of the laws related to family law cases. A family law attorney is key for clients who may become overwhelmed by the complexities of the legal processes and court proceedings involved with most family law cases. Your attorney can assist you by handling all the paperwork involved and ensuring it is properly completed and filed in a timely manner.

Negotiations

Negotiations are a significant component of civil cases, including family law cases. A lawyer can negotiate with the other party’s attorney on the client’s behalf to reach a settlement that is fair for both parties – often without spending an extensive amount of time in court. During the negotiation process, a skilled family law attorney will advocate for your interests to obtain your desired results.

Mediation

Mediation is an alternative to litigation that helps both parties involved in a family law case reach a mutually agreeable solution. Mediation enables parties to advocate for their best interests before a neutral, third-party mediator who can help them resolve disputes and come to an agreement. Such an approach is often less expensive than litigation and can help preserve relationships and reduce stress. While your attorney cannot serve as your mediator, family law attorneys can help you communicate your needs and advise you regarding solutions reached in mediation.

Litigation

While negotiation can help parties avoid settling the many aspects of family law cases like divorce in court, litigation can become necessary. If your case must be argued in court, you’ll need an experienced litigator on your side. Your attorney can represent you in court and present a strong argument for your best interests.