Family Law FAQs

In Arizona, either party can initiate a divorce by filing a petition for dissolution of marriage with the superior court in the county where either party resides. After the petition is filed, the other party must be served with the papers.

The parties then have the option to try to resolve their differences through mediation before going to trial. If the parties are unable to reach a settlement, a trial will be held to determine any outstanding issues.

Once the court has made a decision, a decree of dissolution of marriage will be entered, officially ending the marriage.

In Arizona, child custody is determined based on the best interests of the child. The court will consider various factors when determining custody, including the child’s relationship with each parent, each parent’s ability to provide for the child’s physical and emotional needs, and any history of domestic violence or child abuse.

The court may award joint legal custody, joint physical custody, or sole custody to one parent.

In Arizona, child support is calculated using a formula that takes into account both parents’ income and the amount of time the child spends with each parent. The formula also considers the cost of health insurance and daycare for the child.

The court may deviate from the formula if it determines that it would be in the best interests of the child to do so.

In Arizona, a marriage can be annulled if it was entered into under certain circumstances, such as fraud, duress, or if one party was already married to someone else.

Additionally, if one party was under the age of 18 when the marriage took place, the marriage can be annulled with the consent of the minor and parent or guardian.

In Arizona, property acquired during the marriage is considered to be community property and is divided equally between the parties in a divorce. Property acquired before the marriage or inherited during the marriage is considered to be separate property and is not subject to division.

In Arizona, either party must reside in the state for at least 90 days prior to filing for divorce.

The time it takes for a divorce to be completed in Arizona can vary depending on the complexity of the case and the willingness of the parties to reach a settlement.

A divorce can be finalized as quickly as 60 days after the petition is filed if the parties have reached a settlement and there are no minor children.

If the case goes to trial and there are minor children, it will take longer to finish.

Arizona is a no-fault state, which means that either party can initiate a divorce without having to prove that the other party did anything wrong.

The grounds for divorce in Arizona are that the marriage is irretrievably broken, which means that there is no possibility of reconciliation between the parties.

In Arizona, spousal maintenance (alimony) is determined on a case-by-case basis and is based on various factors, such as the length of the marriage, the earning capacity of each party, and the standard of living established during the marriage.

The court will also consider the parties’ age, health, education, and financial resources when determining whether spousal maintenance is appropriate and, if so, the amount and duration of the payments.

In Arizona, there are several types of adoptions, including stepparent, relative, and agency adoptions. Each type of adoption has specific requirements and steps that must be followed.

All adoptions require a home study and the consent of the birth parents (if the child is under 18) in order to be finalized. In addition, all adoptions require a court order to be finalized.

In Arizona, grandparent visitation is determined based on the best interests of the child. The court will consider various factors when determining whether grandparent visitation is appropriate, including the child’s relationship with the grandparent, the child’s relationship with the parents, and any history of domestic violence or child abuse.

In Arizona, legal decision-making is the legal term used to refer to the responsibility for making major decisions on behalf of a child. This can include decisions about education, healthcare, religion, and extracurricular activities.

Legal decision-making can be awarded to one parent or shared between both parents. The court will consider the best interests of the child when determining legal decision-making.

In Arizona, parenting time refers to the time that a child spends with each parent. The court will determine a parenting time schedule that is in the best interests of the child.

This schedule will determine when the child will spend time with each parent and any holidays, school breaks, and vacation time that the child will spend with each parent.

In Arizona, joint legal decision-making refers to the situation in which both parents have equal decision-making authority and responsibility for a child. This includes decisions about education, healthcare, religion, and extracurricular activities.

The court may award joint legal decision-making if it determines that it is in the best interests of the child.

In Arizona, sole legal decision-making refers to the situation in which one parent has the exclusive authority and responsibility for making major decisions on behalf of a child.

This can include decisions about education, healthcare, religion, and extracurricular activities. The court may award sole legal decision-making if it determines that it is in the best interests of the child.

Yes, in Arizona, it is possible to get a legal separation. Legal separation allows the parties to live separately but still remain legally married.

The process of obtaining a legal separation is similar to the process of getting a divorce, but it does not end the marriage.

Yes, prenuptial agreements are enforceable in Arizona. A prenuptial agreement is a contract between two people who are planning to marry. It lays out the terms of how property and debts will be divided if the couple divorces.

Prenuptial agreements must be entered into voluntarily and must be fair and reasonable at the time of execution.

In Arizona, mediation is a process in which a neutral third party, called a mediator, helps the parties to reach a settlement in their family law case. The mediator does not make decisions for the parties but rather facilitates communication and helps the parties to find common ground.

Mediation can be used in a variety of family law cases, including divorce, child custody, and child support. Participation in mediation is typically voluntary, but in some cases, it is mandatory.

Yes, a domestic violence restraining order can be obtained in Arizona. A restraining order is a court order that prohibits the abuser from having any contact with the victim.

The restraining order can also include other provisions, such as prohibiting the abuser from entering the victim’s home or workplace. A domestic violence restraining order can be obtained through the criminal or civil court.

Yes, a child’s name can be changed in Arizona. Changing a child’s name requires a petition to be filed with the court and notice to be given to any interested party.

The court will consider the best interests of the child when determining whether to grant the name change.

In Arizona, a child’s preference may be considered when determining custody, but the ultimate decision is up to the court, and it’s based on the best interest of the child.

A child’s preference is just one of the many factors that the court will consider when determining custody.

In Arizona, paternity affects child custody because if a father is not legally established as the child’s father, he has no legal rights or responsibilities for the child.

Once paternity is established, the father can seek legal decision-making and parenting time with the child. In case of dispute, a court order will determine the paternity.

The court will consider the child’s health insurance coverage in Arizona when determining child support. The court may order that one parent provide health insurance coverage for the child or that both parents contribute to the child’s health insurance cost.

In Arizona, a parent must obtain court approval or the written agreement of the other parent before relocating with a child. Relocation can affect the parenting time schedule, and the court will consider the child’s best interest when determining if the relocation should be allowed.

In Arizona, a parenting plan is a written document that outlines the specific terms of parenting time, legal decision-making, and other aspects of parenting for a child. The parenting plan must be in the best interest of the child.

Parents can either create a plan on their own or through mediation; if they can’t reach an agreement, the court will impose a parenting plan.