Arizona family law is the area of practice that primarily covers divorce, child custody and child support in Maricopa County, Arizona. Divorce also covers specific areas such as property division, legal separation and spousal maintenance which people usually call alimony. Enholm Law, PLLC, in addition to their attorneys that handle bankruptcy, estates, criminal defense and DUI, have two full time Phoenix family law attorneys that specialize in this area of practice. The ever changing Arizona Revised Statutes that focus on family law contain a large volume of laws that govern the areas of family law. Call an Enholm Law, PLLC Phoenix Family Law attorney today to arrange a free consultation to discuss the specifics of your case.
By 1987 all fifty states had adopted, either as an option or as their exclusive model, the no-fault divorce model. Divorce lawyers In Phoenix, Arizona, argue cases using the no-fault divorce model exclusively. No-fault divorce means the court only focuses on the existing state of the marriage. Arizona makes no rulings concerning adultery, alcoholism or cruelty and allows people to enter into divorce simply on the grounds of incompatibility, irretrievable breakdown or irreconcilable differences.
Arizona Courts will make no ruling on divorce until 60 days after one spouse files for divorce. Arizona prefers that couples arrive at a mutual agreement and you and your Arizona Family Law lawyer will attempt to negotiate this with your spouse before ever going before a judge. For a complete overview of divorce in Phoenix, please see our article entitled Divorce Attorney Phoenix – The Definitive Guide.
Spousal maintenance is about being eligible for alimony, or receiving an order to pay alimony, under Arizona Revised Statute 25-319. Spousal maintenance is up to the discretion of the court. Judges have wide latitude when it comes to this subject. Spousal maintenance is commonly not awarded when couples are involved in a marriage of short duration. Alimony is not usually awarded if the spouse who seeks alimony has the ability to be financially self sufficient. Alimony is often awarded when the spouse seeking alimony requires education or training to return to the work force or is of an age when acquiring a job is nearly impossible. Please see our article entitled Phoenix Spousal Maintenance Attorney for a complete overview of Spousal maintenance in Arizona.
In January of 2013, child custody was significantly changed by Arizona Legislators. Child custody is now two separate and distinct areas called legal decision making and parenting time. During your marriage, both parents had the right to spend time with their children and share major decisions made on behalf of the child in the areas of religion, medical, educational and other areas. When marriages end, people can argue about these two topics. The court will focus completely on what is in the best interest of the child in these cases.
Parenting time is simply the time each parent has to spend with their children for visitation. The court attempts to make rulings that provide equal, meaningful and frequent contact. Matters such as the distance between the two homes are taken into account by the court. The court always focuses on the bests interests of the child as outlined in ARS 25-403 Best Interest of the Child. For the Arizona Family Law procedures we follow concerning parenting time at Enholm Law, PLLC, please read our full article on Phoenix Parenting Time Attorney.
Legal Decision Making
Legal decision making about who makes all of the important decisions for your child. Arizona Family Law offers three possible scenarios for this. These could be joint legal decision making, sole legal decision making or joint legal decision making with one parent having the final say. The court does make every attempt to encourage both parents to be involved in this process and will often mandate counseling, mediation or high conflict resolution classes to help parents who are at odds over this area. The Phoenix family law standards we follow can be found in our article entitled Phoenix Legal Decision Making Attorney.