FAQ
Here is a list of frequently asked questions related to family law:
Family law is a legal field that deals with matters related to family relationships, such as divorce, child custody, adoption, and domestic violence. It involves issues of personal and financial significance, making it important to work with a knowledgeable and experienced family law attorney.
It depends on the circumstances of your case. In some cases, for example, couples can opt for a simplified divorce process if they meet certain qualifications, such as an agreement on property division and no children. However, most divorces require court involvement to settle disputes related to child custody, support, and property division. With our unique program Divorced in a day we can get you divorced without going to court
The court considers several factors when making decisions about child custody, including the child’s wishes, the parents’ living situations, their ability to provide for the child’s needs, and any history of abuse or neglect. Finally the goal of the court is to make an arrangement for custody that benefits the child.
If your ex-spouse is failing to pay court-ordered child support, you have legal options to enforce the order. These may include wage garnishment, interception of tax refunds, and suspension of driver’s or professional licenses. It’s important to work with an attorney to ensure you are taking the appropriate steps to protect your child’s financial well-being.
Yes, if there has been a significant change in circumstances since the original order was issued. Examples may include a parent’s job loss, a child’s medical needs, or a parent’s relocation. To modify an order, you will need to file a petition with the court and demonstrate the necessity of the change.
Child support in Arizona is calculated using the Arizona Child Support Guidelines. The guidelines take into account various factors such as each parent’s income and expenses, the number of children involved, and the amount of parenting time each parent has. The calculation can be complex and may involve adjustments for additional expenses such as medical or educational costs. It is recommended to consult with a family law attorney for a more specific and accurate calculation of child support in Arizona. You can use our free child support calculator to get more information.
The formula used to calculate child support payments in Arizona is based on the following factors:
Both parents’ gross income( Parent A and parent B)
Any pre-existing child support obligations
The number of children involved in the case
- The time spent with child and children for each parent.
- Any additional expenses that may be necessary, such as healthcare expenses or child care costs.
The Arizona Child Support Guidelines provide a formula for calculating child support payments using these factors.
The formula takes into account each parent’s income and assigns a percentage of the total support obligation to each parent based on their income. The formula then adjusts for parenting time and other expenses to determine the final amount of child support owed.
It is important to note that child support payments in Arizona are subject to modification if there are significant changes in circumstances, such as a change in income or changes in the child’s needs.
Spousal support, often referred to as alimony, involves one partner providing financial assistance to the other following a divorce. The specifics, like how much money and for how long, are decided on an individual basis.
According to Arizona law, property acquired during the marriage is considered community property and will be divided equally between the spouses in a divorce. However, property acquired before the marriage or through inheritance or gifts is considered separate property and will not be subject to division. The court may also consider factors such as the duration of the marriage, the financial situation of each spouse, and any misconduct by either spouse when determining property division.
According to Arizona law, if a divorced parent wants to relocate with their child, they must provide written notice to the other parent at least 45 days before the scheduled move. If the other parent does not agree to the relocation, the relocating parent must file a motion with the court and obtain a court order allowing the relocation. The court will consider several factors, including the reason for the move, the child’s relationship with both parents, and the impact of the move on the child’s development
Legal custody refers to a parent’s ability to make major decisions regarding the child’s upbringing, such as education and healthcare. Physical custody often indicates where the child is staying.
A prenuptial agreement is a legal agreement that is made between two individuals who are considering marriage. This agreement outlines the terms and conditions that will govern the division of assets, property, and finances in the event of a divorce or separation. Prenuptial agreements are typically used to protect the assets of one or both parties, and they can include provisions for spousal support and other financial obligations. They are also known as premarital agreements or prenups. It is important to note that prenuptial agreements must be entered into voluntarily and with full disclosure of all relevant financial information by both parties.
One of the most common questions we receive from our clients is “How long will my divorce take?” The answer to this question can vary depending on a number of factors, including the complexity of your case, the court’s schedule, and the level of cooperation between you and your spouse. Generally speaking, a divorce can take between a month to a few years. Our attorneys will work with you to ensure that your divorce is handled as efficiently as possible, while still protecting your rights and interests.
A contested divorce is when the spouses cannot agree on the terms of the divorce, while an uncontested divorce is when the spouses agree on all terms.
The court considers the best interests of the child, including their relationship with each parent, the ability of each parent to provide for the child, and any history of abuse or neglect. Our attorneys are experienced in handling child custody matters and will work with you to ensure that your child’s best interests are protected.
Child support is calculated based on the income of both parents, the number of children, and other factors such as medical expenses and child care costs.
It is highly recommended to hire a lawyer for a family law case, as the laws are complex and an experienced attorney can provide valuable guidance and representation.
Legal separation is a court-ordered arrangement where a married couple lives separately but remains legally married. Divorce, on the other hand, legally ends the marriage, allowing both parties to remarry if they choose. Legal separation may be an option for those who wish to live apart but maintain certain benefits, such as health insurance, that might be lost in a divorce.
Grandparents can seek visitation rights with their grandchildren in some states. The court will consider the child’s best interests and the relationship between the grandparents and the child when deciding on visitation rights. Knowing the state laws on grandparents’ visitation rights is essential for pursuing a successful case. Simonds Law Group can help you navigate grandparent rights in the state of Arizona.
Paternity can be established through a voluntary paternity acknowledgement, a court order, or genetic testing. Determining paternity is crucial for child custody, visitation rights, and child support obligations. Knowing the legal process of establishing paternity can help protect the rights of both parents and the child.
Parents can petition the court to change their child’s last name after a divorce. The court will consider the child’s best interests, the relationship with both parents, and the reasons for the change.
High-asset divorces in Arizona often involve substantial assets, business ownership, real estate, and investments. These divorces can be more complicated, requiring the expertise of an Arizona family law attorney to navigate asset valuation, division, and tax implications. Understanding the unique challenges of high-asset divorces in Arizona can help protect your financial interests during the process.
Mediation is a voluntary, confidential process in which a neutral third party (the mediator) helps divorcing couples in Arizona reach agreements on issues like property division, child custody, and support. Mediation in some cases may help with cost. It can be a cost-effective way to handle your divorce case. Understanding the benefits and process of mediation in Arizona can help couples decide if it’s the right choice for their divorce.
Stepparent adoption in Arizona formalizes the legal relationship between a stepparent and their spouse’s child. The process requires the consent of the child’s other biological parent, or the termination of their parental rights. Navigating the stepparent adoption process in Arizona can strengthen family bonds and ensure the child’s best interests are met.
Same-sex couples in Arizona face unique challenges in divorce, including child custody, property division, and spousal support. While the legal process is similar to heterosexual divorces, it’s essential to work with an Arizona family law attorney experienced in same-sex divorces to navigate potential complexities and protect your rights.
Military divorces in Arizona involve unique challenges, such as military pensions, benefits, and residency requirements. Service members and their spouses should consult an Arizona family law attorney experienced in military divorces to ensure their rights are protected and to navigate the legal process effectively.
A Team Approach to Resolving Family Disputes Collaborative divorce in Arizona is a voluntary, out-of-court process in which divorcing couples and their attorneys work together to reach a mutually acceptable consensus on problems like child support, parenting plans, alimony etc. A collaborative divorce can be a less contentious and more efficient alternative to litigation in Arizona. Understanding the benefits and process of collaborative divorce in Arizona can help couples determine if it’s the right choice for their situation.
Victims of domestic violence in Arizona can seek legal protection during the divorce process through restraining orders, emergency custody orders, and other measures. An Arizona family law attorney experienced in domestic violence cases can help ensure the safety and well-being of the victim and their children throughout the divorce process.
Relocating with children after divorce in Arizona can be challenging, often requiring the approval of the other parent or the court. Understanding the legal requirements and process for relocation in Arizona can help ensure a successful move that prioritizes the best interests of the children involved. proposed name change. Familiarizing yourself with the legal process of changing a child’s last name after divorce can ensure a smooth transition for the child.
If your spouse does not agree to the divorce, you may face a contested divorce. This process may involve negotiation, mediation, or a trial to resolve disputes related to property division, child custody, and support. Understanding the contested divorce process can help you prepare for the challenges ahead and secure a favorable outcome.
An annulment declares a marriage invalid, as if it never happened. Annulments are granted in specific circumstances like fraud, duress, or an existing marriage. If your situation does not qualify for annulment, you must pursue a divorce to end your marriage. Knowing the differences between annulment and divorce can help you choose the appropriate legal path.
A postnuptial agreement is a legal document created after marriage that outlines the division of assets, property, and finances in case of divorce or separation. Similar to a prenuptial agreement, a postnuptial agreement can include provisions for spousal support and other financial obligations. Understanding the benefits of a postnuptial agreement can help couples protect their assets during their marriage.
Providing Stability During the Process Temporary orders in Arizona are court orders issued during the divorce process to address immediate concerns such as child custody, support, and property use. Understanding the purpose and process of obtaining temporary orders in Arizona can help provide stability and protection for both spouses and children during the divorce process.
Residency requirements for filing for divorce differ from state to state, and Arizona is no exception. If you’re considering filing for divorce in Arizona, it’s essential to understand the state’s specific residency requirements to ensure a smooth legal process. Consult a family law attorney to help you navigate the complexities of Arizona’s divorce laws and residency requirements. In Arizona, to be eligible to file for divorce, at least one of the spouses must meet the residency requirement. The residency requirement stipulates that one spouse must have lived in Arizona for a continuous period of at least 90 days before filing for divorce. This requirement applies to both the petitioner (the spouse initiating the divorce) and the respondent (the spouse receiving the divorce papers). In addition to the residency requirement, Arizona is a no-fault divorce state. This means that a spouse does not need to prove any wrongdoing or specific grounds to file for divorce. The court will accept that the marriage is irretrievably broken, and there is no reasonable chance of reconciliation between the parties. If you are in the military and stationed in Arizona, you or your spouse must also have been stationed in the state for at least 90 days before filing for divorce. Once the residency requirement is met, the divorce process can begin. It’s important to gather all necessary documents, such as financial records, property deeds, and custody agreements if applicable, to support your case. Working with an experienced family law attorney will help you protect your rights and interests throughout the divorce process. In conclusion, understanding Arizona’s residency requirements for divorce is a crucial step in the divorce process. Ensure you or your spouse meet the 90-day residency requirement before filing, and consult a family law attorney to guide you through the legal process and protect your interests.
Glossary
Child Custody:
Child custody involves the legal and practical relationship between a parent and a child. It includes physical custody, legal custody, and visitation rights. A common question we receive is “How is child custody determined?” The determination of child custody depends on several factors, such as the child’s best welfare, the nature of the child’s bond with each parent, and each parent’s capacity to provide a stable and loving home environment. Our attorneys are experienced in handling child custody matters and will work with you to ensure that your child’s best interests are protected.
Child Support:
Child support is the financial support paid by a parent to help cover expenses of raising a child. It includes food, clothing, shelter, and medical expenses.
If you have any other questions or concerns about family law matters, please do not hesitate to contact us at Simonds Law Group. We are here to help you through these difficult times, and we look forward to serving you. Thank you for choosing Simonds Law Group as your family law firm.
Divorce:
Involves the division of assets, child custody, and alimony. It can be contested or uncontested.
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