The section below, contains family law questions that are frequently asked to the members and divorce lawyers of our firm. We have set forth a short response to the questions. The firm strongly urges you, after reviewing the questions and answers, to schedule a free in office consultation (telephonic conference is possible if outside Phoenix or Maricopa County) to discuss in detail the facts of your case and the issues in your case.

The Divorce Process

How long will it take before my divorce is completed?

The processing of a divorce includes the filing of the petition for divorce, the service upon the opposing party (by process server or the sheriff’s office), and a requirement that a written response be filed within twenty (20) days of service by the opposing spouse. Thereafter the Court will schedule a Resolution Management Conference (hopefully within forty five (45) to seventy-five (75) days) to review the status of the case, to order a Parenting Conference if there are issues regarding custody or parenting time of children, possibly order a settlement conference with a judge pro tem, and, a final trial date. The overall process could easily take between six (6) to ten (10) months for the normal case, with no complications.

It must be noted that, in matters regarding children, prior to the completion of dissolution, or a post decree matter, each party must attend the court ordered Parent Information Program Class. This class is offered through the valley and online, costs approximately $50.00, and takes approximately four (4) hours to complete. Further information is provided in the Notice and Order to Attend Parent Information Program Class found in the dissolution packet.

What happens if I am in need orders regarding custody, support, etc., from the court prior to my final trial?

During the dissolution process either party can file a motion for temporary orders, to obtain temporary relief such as temporary custody, parenting time, child support, and spousal maintenance, from the court.

What if my spouse and I have already come to a full agreement on all issues of the dissolution of our marriage?

If the parties have come to a complete agreement on all terms of the divorce, a Consent Decree can be prepared, signed by both parties, and given to the judge for signature and return mailing. The only restriction on this process is that the judge has no jurisdiction to sign a consent decree for the first sixty (60) days after a petition for divorce has been served.

What does it mean if I have a covenant marriage?

As you may have heard, Arizona is a no fault state, which means that you do not have to establish grounds, i.e. adultery, abandonment, desertion, in order to obtain a dissolution. If, however, you entered into a covenant marriage, then, there are certain conditions which must be met that are fault based in order to complete the divorce.

How is the issue of assets and debts handled in a divorce?

Arizona is also a community property law state, which, in general, and perhaps a little over simplified, means that any property or debts that existed prior to the marriage are the sole and separate assets or debts of that spouse, that any assets or debts acquired during the marriage, i.e. date of marriage to date of service of a petition for divorce, is community, with community assets being generally being divided equally and debts being divided equitably, and, any asset or debt acquired after the service of a petition for dissolution, again becoming the sole and separate asset or debt of that spouse. This is a generalized statement, and, your particular facts must be reviewed in detail to give a more accurate advice.

Child Custody and Parenting Time Issues

How are child custody decisions made?

The court must make decisions regarding custody based upon the best interest of the child. A.R.S.’25-403 sets forth the factors for the Court to make an initial custody determination or subsequent modification of custody. These factors include, but are not limited to the wishes of the parties and child, the child’s relationship to the parents and significant others, the child’s adjustment to each home, the school and community, the mental and physical health of all individuals, who has been the primary parent, the existence of domestic violence, etc. The existence of significant domestic violence will prevent a joint custody award.

What is sole custody?

The Court can award sole custody, where one parent has sole custody and all decision making authority and the other parent has visitation on specified dates and times.

What is joint legal custody?

The Court could award joint legal custody, where the parties have joint custody and must confer with regard to significant decisions concerning the child(ren) and where parenting time for one parent is normally less than equal time.

What is joint physical custody?

The Court could award joint physical custody, which, in essence, gives each parent equal time with the child(ren). The most popular equal time is where one parent has two and one half days (2 ½) the other parent has two and one half (2 ½) days of each work week and the parties alternate the weekend. This provides one parent with five (5) overnights one week and two (2) overnights the next, with the other parent having two (2) overnights one week and five (5) the next.

What if we cannot agree on custody?

The Court has the ability to order a “Parenting Conference” for the parents, if there is a dispute with regard to custody or parenting time. A Parenting Conference is, at this time, conducted by a private counselor or mental health provider, and the cost, at this time, is $300.00 per spouse. That conference provider will meet with the parties and attempt to settle issues regarding custody and parenting time. If the provider is unsuccessful, the provider will present the judge with a detailed, specified report indicating, from a mental health stand point, what is in the best interest of the child(ren). If there are very serious allegations regarding, for example, mental health issues, substance abuse issues, domestic violence issues, and, if the parties can afford same, the Court could order the parties to a full custody study by a licensed psychologist. These studies, however, can be expensive.

Can I relocate outside of Maricopa County and/or the State of Arizona with my child(ren)?

Relocation is a very important and separate issue in the divorce or post divorce proceedings. It is governed by A.R.S.’25-408. The factors are set forth in the statute as to what the Court must consider when determining whether to allow the child(ren) to be relocated. Relocation is a very difficult topic and one that needs to be discussed with an attorney well versed in the subject.

What steps must be taken if I do want to relocate with my child(ren)?

The first step for the parent wanting to relocate is to provide to the other parent a sixty (60) day written notice of intent to relocate. If the other parent does not object, the parent can relocate the children. If the other parent does object within the sixty (60) and files a petition with the court to prevent the relocation, then, both parties will be involved in litigation to determine whether or not relocation should occur with the child(ren). The statute also provides some guidance to the court with regard to whether to allow the child(ren) to relocate on a temporary basis.

Grandparent Rights and Child Custody of Non Blood Relative or Extended Blood Relative

What is In Loco Parentis custody or visitation, and, what are grandparent rights?

The statute, A.R.S.’25-415 specifically provides that, under certain circumstances, a non blood relative or extended blood relative can obtain custody of the child(ren) if certain conditions are met. In addition, A.R.S.§25-409 states that grandparents and great-grandparents can obtain visitation rights under certain circumstances.

Child Support Issues

How is child support determined?

Child support is governed by A.R.S.’25-320 and is determined pursuant to the Arizona State Child Support Guidelines. A calculation of child support is determined based upon many factors, including, but not limited to, both parents’ monthly income, the cost of medical insurance premiums for the child(ren), the cost of day care for the child(ren), the amount of time each parent has with the child(ren), and whether or not a parent is supporting a child from a different relationship. With accurate information, an accurate child support figure can be determined. The Arizona Supreme Court has a child support calculator on line for parties wishing to try and determine same on their own.

Which parent can claim the child(ren) on their tax returns and how are non-covered medical expenses of the children determined?

Both non-covered medical expenses of children and the allocation of the tax exemption are determine in the same manner. Each party’s percentage income on the child support worksheet determines these issues. For example, if the father earns $2,000.00 per month and the mother $1,000.00 per month, father pays two thirds (66 2/3%) and mother one third (33 1/3%) of the non covered medical expenses. The reason is father earns two thirds of the combined monthly income of father and mother and mother one third. On tax exemptions, similarly, father will claim the child(ren) two of every three years and mother one of every three years.

Spousal Maintenance Issues

How are spousal maintenance issued handled by the Court?

Spousal maintenance is governed by A.R.S’25-319. This statute sets forth all of the factors that the Court must consider in determining whether a spouse is entitled to spousal maintenance and, after that determination has been made, a consideration of numerous factors set forth in the statute to determine the amount and length of the spousal maintenance. At this time, Arizona does not have a spousal maintenance formula such as we use in determining child support. The Court must look at the factors and make its one decision based upon the facts of the case.

Changes to existing Court Orders

What is modifiable and What orders can be changed?

The court always has jurisdiction to modify (change) custody and parenting time and child support. The Court has jurisdiction to modify (change) spousal maintenance awards prior to the expiration of the award, so long as the parties have not agreed to, and the Court approved, a non modifiable spousal maintenance award.

Order of Protection

How do I obtain /defend an Order of Protection?

Orders of Protection can be obtained by either spouse or significant other from any municipal (city) court, justice court, or superior court. Upon filing the appropriate petition, appearing before the appropriate judicial officer, and obtaining from that officer an Order of Protection, the Order of Protection will be served upon the opposing party. That served party does have a right to request a hearing and when requested, a hearing will be held within five (5) business days if exclusion from the family residence is at issue, or, within ten (10) business days if exclusion from the family residence is not an issue. Orders of Protection may include a child or children.

What happens at the Order of Protection hearing?

At any hearing on an Order of Protection, the spouse obtaining the order of protection must testify first before the Court as to the need for the order of protection, and, then the party opposing the Order of Protection has a chance to present his or her evidence to the Court. These hearings are very limited in time, and it is very important that each party be prepared to present their evidence very quickly and in a concise manner.