Family Law Attorney in Phoenix, Arizona
Family law is unusual in that it allows us not only to actively argue for our clients but also to become involved in their lives and create a personal connection. If you are dealing with a domestic issue or have concerns regarding the family law procedure, please call our knowledgeable family law attorney in Phoenix, AZ as soon as possible. We guarantee a caring and nonjudgmental approach to resolving your situation, and we can provide unmatched representation in the State of Arizona.
Wantafreshstart is committed exclusively to representing clients in family law matters. We have years of experience in all areas of domestic law, which quickly intertwine as a case develops. It is not unusual, for instance, for a client to come to us seeking a modification of a visitation order, only to discover an underlying child support or custody issue that requires resolution.
Why Do You Need a Family Law Attorney in Arizona?
Family law often addresses delicate matters such as family concerns and domestic interactions. Our skilled Phoenix family law attorney is a seasoned professional who specializes in situations such as divorce, child custody, child support, alimony, and guardianships, among others.
Without a family law attorney by your side, it will not be possible to handle these complex concerns with professional knowledge and following the case’s specific legal requirements. In such circumstances, we may not only offer you legal counsel but also ensure that your court filings are done correctly to minimize any hassle. There are several advantages to engaging our law office in Phoenix, AZ for your related case, and we will explain a few of them for clarity.
We Thoroughly Understand the Family Law
Family law is an expansive area with several complexities. It focuses on sensitive topics and is challenging. We have a greater grasp of family law, which is the most evident advantage of employing us.
In the event of divorce issues our Phoenix divorce lawyer can assist you. Conversely, if you do not have competent support, it is easy to fall victim to a misrepresentation of your case or to overlook facts that are essential for presenting a compelling case.
We Can Remove the Burden Off Your Chest
Divorce and child custody disputes may be emotionally taxing and painful. The individual experiences a whirlwind of events and feelings that will undoubtedly influence his decision-making. To maximize the outcome of your case, you must have our competent family law attorney that is in complete command and takes a professional approach.
Not only will we relieve you of your burden, but we will also guarantee that you have the necessary proof and documents to win the case concerning family law matter. We will conduct the necessary investigation and gather the facts and evidence to present your case impartially before the judge.
We Are Skilled in Negotiation
There is a lot to take in when a person is going through a divorce or child support troubles. From reviewing divorce paperwork to attending court procedures, there is plenty to manage. You cannot notice things or make independent decisions when you are breaking. In such a circumstance, you will be unable to bargain intelligently.
As a neutral party, hiring us can help you see things from a new perspective. You may make smarter judgments and make the most of your case if you have the appropriate expert counsel.
What Are Some of Our Family Law Practice Areas?
As you consider your alternatives for legal counsel in the Phoenix region, we hope you will give us the chance to argue on your behalf. We offer advice and representation in the following areas:
Divorce processes can range from quietly cordial to fiercely disputed, and our competent family law attorney in Phoenix, AZ can assist you regardless of the circumstances. We provide comprehensive legal services to assist in resolving disputes including child support, custody (i.e. legal decision-making), parenting time, spouse support, and property and debt split.
How Are the Assets Divided in the Divorce Process?
Depending on the value of the marital assets, the division of property following a divorce can be fairly challenging. These assets may include homes, rental property, retirement and pension plans, stock accounts, and even enterprises. This might be particularly difficult if your divorce is contested.
A negotiated settlement can significantly accelerate the divorce process and save you money on legal bills. In circumstances where no agreement can be reached, the court will utilize its discretion to impose a plan that is as equitable as practicable.
Conversely, property acquired during the marriage is typically deemed Marital Property regardless of whether the spouse owns or holds title to the property. State laws differ substantially in their treatment of marital property, particularly between Community Property and the Equitable Distribution States; thus, it is essential to speak with our skilled Phoenix family law attorney.
How About the Spousal Support (Alimony) After Divorce?
When it comes to the allocation of assets, spousal support must also be considered. No one norm applies to all marriages, therefore, whether spousal assistance is necessary will depend on your circumstances. After a divorce, alimony is intended to help the receiving spouse retain financial security.
In general, courts give alimony following the facts and the legal requirements. Considerations include the level of living established during the marriage, whether one spouse lacks sufficient assets and income to fulfill his or her “reasonable” demands, and if the supporting spouse has sufficient assets or income to meet these needs.
Lastly, the problem of spousal support requires each spouse to disclose their whole financial situation, including their net worth.
How About Child Custody and Support After Divorce?
Child custody and support are considered more frequently than spousal support. In instances involving small children, questions of child custody and child support will be central to a divorce settlement. Historically, states have handled child custody and support issues in family court.
However, states have progressed toward establishing universal standards for these challenges. Moreover, the court considers the child’s requests based on his or her age and degree of maturity. The most important concern is the child’s best interests. In many instances, divorced parents can agree to share custody.
Child support is a recurrent payment given by a parent for the financial maintenance of a child following a divorce or the dissolution of another partnership. Depending on the state, the non-custodial parent pays child support to the custodial parent. In most cases, the parent with the greater income pays child support when there is shared custody.
Child support and custody can be controversial issues in a divorce, but our divorce and family law attorney can help the parties to an amicable resolution.
What is the Divorce Process for a Same-Sex Marriage in Arizona?
Now that same-sex marriage is recognized as legal, dissolving these partnerships brings new issues, including the duration of the relationship before the actual marriage. Due to the relatively recent legal issues, a same-sex divorce may include more legal battles than one involving a couple of the opposite sex.
These include the date on which the partnership or marriage began and the laws that apply to pre-marriage assets and liabilities. When one parent is the biological parent and the other is an adoptive parent, courts have a challenging time resolving child custody issues.
Child Custody and Visitation
We can assist you whether you want a revision of an existing order or wish to create an original custody and visitation arrangement. Under Arizona law, custody and visitation are referred to as “legal decision making” and “parenting time,” and we will protect your rights and your children’s best interests.
What Are Some of the Arizona Child Custody Terminology?
As a parent going through a divorce or separation in Arizona, it is crucial to grasp the meanings of child custody terminologies. Legal terminology frequently varies from state to state. Understanding these terms in Arizona helps facilitate navigation of the judicial system.
In Arizona, the word custody is incorrectly used. Instead, Arizona considers legal decision-making and parenting time. Legal decision-making encompasses crucial life choices on your child’s health, education, and religion. Parenting time refers to the amount of time spent with each parent by the child.
Legal decisions can be made either jointly or individually. Before deciding on a child, both parents must reach an agreement on a joint legal decision. A parent who has exclusive legal decision-making authority can make decisions without consulting the other parent.
In the majority of situations, both parents share legal decision-making responsibilities. If there are valid concerns about domestic violence, child abuse, substance misuse, or other significant issues with the other parent, the court may grant exclusive legal decision-making in specific instances.
The hybrid type of shared legal decision-making known as final decision-making authority also exists. If one parent has the power to make the final choice, they must communicate with the other parent before making a decision, but ultimately have the authority to make the final decision.
In situations when parents cannot agree on significant medical or educational matters, it may be necessary to give one parent the final say.
Parenting time is the particular schedule of time spent with each parent by a child. The legislation compels the court to optimize parenting time as much as possible between the parents. The court’s primary concern is whether the parenting time schedule is in the best interests of the child.
The court examines several variables when determining the amount of parenting time to provide to each parent. In many instances, both parents spend equal time with their children. Parenting time may be restricted or monitored for a specific period if there are grave concerns about the other parent.
How is Child Custody Decided in Arizona?
Parents always have the opportunity to negotiate parenting time amongst themselves. If they cannot agree on a parenting plan, including who will have the children on vacations and other occasions, the matter will be brought before the courts. In a divorce proceeding, the mother does not automatically obtain custody of small children. This is a widespread misunderstanding.
Parenting time is determined by a court in a divorce proceeding after thoroughly analyzing the circumstances to find the best arrangement for the child. A judge will consider several issues while determining custody, including:
- The child’s connection with any parent.
- Which parent has been the primary caretaker for the child throughout the marriage.
- The physical, emotional, and psychological health of each parent.
- How linked the child is to other relatives, his or her home, school, and neighborhood.
- If the child is grown enough to make the decision.
- Which parent is more likely to grant the other parent significant and ongoing contact with the child following the divorce.
- Whether there are issues, such as claims of marital violence or child abuse, that might threaten the child if raised by one parent.
In Arizona child custody disputes, the paramount factor is the child’s best interests. A court will select an arrangement that meets the emotional requirements of the child, ensures his or her physical health and safety, and permits normal child growth. The widespread view is that interaction with both parents benefits a child.
However, if a parent poSupposes a risk to their child, they may lose custody. It is possible to request a revision of a court-ordered child custody arrangement, . In that case,ut only if significant circumstances have changed after the order was issued.
Spousal Maintenance (Support)
Spousal support, known in certain states as “alimony,” is sometimes a critical issue in divorce proceedings. We can help you create, amend, or terminate an order for spousal support.
What Are the Common Reasons for Spousal Support?
Because both spouses are often income earners, spousal support agreements are not as popular as they formerly were. Most frequently, a spouse who receives spousal support is:
- Providing care for the young children of the spouse
- Never worked or received training for work
- Is old, unwell, or handicapped
- Earns far less than his or her spouse
What Can Be The Possible Reasons Spousal Maintenance Modifications Are Needed?
Numerous circumstances may necessitate modifications to spousal support obligations. Some are anticipated, such as children growing older, attending school, and becoming more independent; others may be unexpected, such as an accident that completely alters the financial landscape of a divorced spouse.
Listed below are numerous reasons why you may choose to modify your divorce agreement’s provisions regarding one spouse’s support of the other:
- The recipient spouse can now enter employment.
- The supporting spouse is unemployed or has accepted a significant income decrease.
- The supporting partner has received a significant raise or bonus.
- One of the partners is now unwell or incapacitated.
- A couple’s child has grown unwell or handicapped and requires increased parental care.
- The receiving spouse is entitled to a cost-of-living adjustment.
- The receiving spouse cohabits with another individual.
- One spouse has encountered an emergency, such as the devastation of his or her home by a storm or a family member’s fatal sickness.
Wantafreshstart can assist you in establishing, enforcing, amending, or contesting a child support order, regardless of whether you pay or receive child support. Our skilled family law attorney in Phoenix, AZ also assists clients with child support arrears, and under certain conditions, we may be able to recover child support.
How is Child Support Determined in Arizona?
Using the Arizona Child Support Guidelines, according to the income shares approach, child support obligations are determined in Arizona. The model of income sharing is a two-step computation. First, the overall amount of assistance required by the children is assessed, and second, the duty of each parent is identified.
To determine the default amount, the court will aggregate the incomes of both parents into a single figure. The court will next compare the combined income of the parents to a statutory formula to establish the total amount of child support the kid or children are entitled to receive.
After determining the amount, the court will divide it between the parents depending on their respective incomes. The court may consider mitigating factors such as special needs, education, health care, etc. Having a child support attorney who knows what courts will and will not consider can make the difference between receiving the right amount of support and falling short.
At Wantafreshstart, we guarantee that the right amount of child support is allocated by utilizing our significant experience and knowledge in these matters.
How Can Child Support Orders Be Modified in Arizona?
Child support obligations are modifiable under Arizona law. The courts cannot anticipate changing circumstances, and the child support system does not automatically recalculate the amount of support you are entitled to or obligated to pay. If your or the other parent’s circumstances have changed, you may be able to ask the court for a modification order.
The courts will alter child support if there is a “substantial and continuous change in circumstances,” which may include any of the following:
- The current support order does not include a command to get medical support, and any parent now has reasonable access to the child’s healthcare
- The emancipation of one of the children causes substantial changes in medical insurance coverage
- One parent’s income has changed significantly, however, a voluntary drop in income is typically not sufficient to justify a modification order
- Alterations in daycare or childcare expenses
- Either parent has a new child
- The allocation of parental responsibilities between the parents shifts
- The imprisonment of the noncustodial parent
- Either parent develops a disability
Even if you have lost your job and cannot afford to pay child support, you must apply to the court for a modification of the support order. Nonpayment can be catastrophic and should be avoided at all costs. Child support arrears can result in income garnishments, bank levies, and even imprisonment.
As everyone encounters varying conditions throughout their lives, it is not uncommon to modify a support order. Choosing our talented Phoenix family law attorney to petition the court might, however, be the difference between financial support and disaster.
How Can Our Skilled Phoenix Family Law Attorney Help?
If you are going through a divorce, paternity lawsuit, child support dispute, protection order, or any other family law matter, you must have legal representation to safeguard your rights and interests.
The qualified and knowledgeable Arizona family law attorney at Wantafreshstart can give the necessary information. We can assist you in making the greatest future choices. We have the best lawyer offering Arizona families care and devoted legal assistance for years.
Divorce is one of the most challenging experiences a family can endure. Our family law attorney in Phoenix, AZ is aware that the circumstances of each family are unique. We adopt a customized strategy for every case for this reason.
We will take the time to thoroughly comprehend your objectives. We are aware that the divorce process may be difficult and emotionally challenging. Here is how Wantafreshstart can be of assistance:
We can explain your rights regarding child custody and paternity visitation.
We can guide financial help and property split.
We can assist in reducing your mental stress and keeping you informed throughout the entire procedure.
We will assist you in advocating for what is most important to you.
When a child or children are involved in a divorce, parents are aware that the care of the children is in the best interests of the family. Child custody (known as “legal decision-making authority” in Arizona) and parenting time can be among the most contentious components of a divorce. You must have our experienced Phoenix family law attorney on your side.
Child support is the amount of money owed by one parent to the other for the support of a child. The amount is set by the Arizona Child Support Guidelines and a “worksheet for child support.” Before calculating child support, it is necessary to analyze several variables.
Wantafreshstart may assist you with child support concerns. Here is how we can assist:
- Compute Child Support. Our experts can offer you a rough estimate of the amount you will need to receive or pay.
- Collect Payment. If your spouse is not paying child support, our attorneys can assist you in filing a wage garnishment request.
- Change the Terms. If you experience a significant life event, such as the loss of your employment, we can assist you in modifying the conditions of your child support order.
Generally, parenting time, child support, and spousal support can be changed if a substantial and ongoing change in circumstances is demonstrated. Modifications must be in the best interests of the kid. If all parties agree to the changes, the procedure may be easy, affordable, and reasonably uncomplicated.
If the parties cannot agree on the changes, however, judicial actions will be required. Examples of family conditions that may necessitate adjustment include:
- A variation in income caused by job loss
- A parent adjusting to a new job or timetable
- Expensive medical costs
- A persistent health problem
- Serious injury
- Remarriage of a partner
- Relocation by one parent out of state
- Domestic violence or other criminal behavior
- Contravention of parenting plans
- Significant modification to the child’s medical needs
If you desire a modification, our seasoned family law attorney in Phoenix, AZ can advocate your interests in court. This will provide the most potential for a revision that meets your existing requirements.
Get in Touch With Our Family Law Attorney in Phoenix, Arizona
Our family law attorney in Phoenix, AZ has extensive experience with a vast array of intricate family situations. When you collaborate with us, we take the time to learn about your priorities and objectives.
Our strategy enables us to develop a future-oriented, results-focused plan for your situation. Contact Wantafreshstart immediately to arrange a consultation.