Category: Arizona Divorce

De Novo Law Blog

How to Establish Sole and Separate Property in Arizona

Sole and Separate Property- How a Legal Paraprofessional Can Help

When a couple decides to part ways, one of the biggest challenges they face is dividing their assets. Arizona’s community property laws dictate that most property and debts acquired during the marriage are shared equally.

However, separate property — assets owned before the marriage, gifts, and inheritances — typically remains with the individual who owns it.

The process of distinguishing separate property from marital assets requires careful consideration and clear evidence. It involves understanding legal nuances and often, meticulous documentation to prove the ownership and nature of the assets. This process can be complex, especially when separate property has been mixed, or commingled, with marital assets.

Whether you are just starting to consider divorce or are already in the midst of one, knowing how separate property is established in Arizona is a key step in ensuring a fair and equitable division of assets.

We will cover the following topics:

What are Community Property Laws?
How Does Property Division Work in an Arizona Divorce
What are Considered Marital Assets
What is Commingling of Assets
Impact of Prenuptial and Postnuptial Agreements
How Does Debt Distribution Work in a Divorce
What is Considered a Gift in Community Property Laws
What Happens to My Inheritance in a Divorce
How a Family Law Legal Paraprofessional Can Help

What are Community Property Laws?

Arizona is a community property state, as defined under Arizona Revised Statutes § 25-211.

This means that any property acquired by either spouse during the marriage is presumed to be community property and, therefore, jointly owned by both spouses.

There are exceptions to this rule, including property acquired by gift, devise, or descent, and property acquired after service of a petition for dissolution of marriage, legal separation, or annulment if the petition results in a decree.

How Does Property Division Work in an Arizona Divorce

Property division in an Arizona divorce follows the principles of community property law, guided by Arizona Revised Statutes § 25-318.

The law seeks an equitable, though not necessarily equal, division of both assets and debts accumulated during the marriage.

To illustrate how property division typically works in Arizona, here are some examples:

Example 1: Division of Real Estate: If a couple owns a home purchased during their marriage, it is considered community property. In a divorce, the court may order the home to be sold and proceeds divided between the spouses, or one spouse may be allowed to keep the home, compensating the other with assets of equal value.
Example 2: Retirement Accounts: Contributions to retirement accounts made during the marriage are deemed community property. During a divorce, each spouse is typically entitled to a portion of the retirement account that accrued during the marriage, which might require a court order known as a Qualified Domestic Relations Order (QDRO) to divide.
Example 3: Business Ownership: If one spouse started a business during the marriage, the business is generally considered a marital asset. The value of the business must be assessed, and the non-owning spouse may be entitled to a portion of its worth.
Example 4: Division of Debts: Just like assets, debts incurred during the marriage are divided equitably. This includes mortgages, car loans, and credit card debts, which are apportioned based on each spouse’s financial situation and other relevant factors.
Example 5: Personal Property: Items such as furniture, electronics, and art, purchased during the marriage, are divided. The couple may agree on the distribution, or the court may decide based on fairness and practicality.

In these examples, the overarching principle is equitable distribution. The court considers various factors, including the length of the marriage, the economic circumstances of each spouse, contributions to the marital estate, and any destruction, concealment, or fraudulent disposition of community property.

It’s important to work with a family law legal professional to advocate for a fair division of property in accordance with Arizona law.

What are Considered Marital Assets

Marital assets, also known as community property, refer to the property acquired by either spouse during the marriage. The Arizona Revised Statutes § 25-211 provides a framework for distinguishing these assets.

The following is a list of common types of marital assets:

Income Earned by Either Spouse: This includes wages, salaries, bonuses, and other forms of compensation received during the marriage.
Real Estate: Properties purchased during the marriage, regardless of whose name is on the title.
Retirement Accounts: Contributions to retirement accounts, like 401(k)s and IRAs, made during the marriage.
Vehicles: Cars, trucks, and other vehicles acquired during the marriage.
Bank Accounts and Cash: Savings and checking accounts opened or funded during the marriage.
Investments: Stocks, bonds, mutual funds, and other investment assets acquired with marital funds.
Furniture and Home Furnishings: Items purchased for the marital home during the marriage.
Debts: Loans and credit card debts incurred during the marriage are also considered part of marital assets.

It’s important to note that the distinction between marital and separate assets can be complex, especially in cases where assets have been commingled or used for the benefit of the marriage.

A family law legal professional can provide valuable assistance in identifying and classifying these assets to ensure a fair and equitable distribution in the event of a divorce.

What is Commingling of Assets

Commingling of assets occurs when separate property is mixed with community property, making it challenging to distinguish the original source.

In Arizona, once assets are commingled, they are often presumed to be community property unless there is clear and convincing evidence to establish the separate property character, as per the relevant case law.

Impact of Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements agreements allow couples to delineate which properties are considered separate and community property, potentially overriding the standard community property rules.

How Does Debt Distribution Work in a Divorce

In Arizona, similar to asset division, debts incurred during the marriage are typically considered community debts and are divided equitably upon divorce.

This includes credit card debts, mortgages, and car loans.

Depending on their financial situation and other relevant factors, each party may be responsible for a portion of the debt.

What is Considered a Gift in Community Property Laws

When dealing with community property laws in Arizona, especially during a divorce, it’s important to know how gifts are treated.

Generally, most things you get during your marriage are considered joint property and will be divided if you divorce.

However, gifts given specifically to one spouse are usually an exception. Here’s a look at what counts as a gift:

Gifts Given Just to One Spouse: If someone gives something only to you or your spouse (like a birthday present), it’s usually seen as separate property. This could be a gift from a friend, family member, or anyone else.
Clear Evidence of a Gift: It’s important to have some proof or clear indication that the item was meant as a gift for just one spouse. This could be a note, a card, or any other kind of evidence that shows it was meant to be a gift.
Keeping Gifts Separate: To make sure a gift stays as separate property, don’t mix it up with things you own together. For instance, if you get money as a gift, don’t put it in a joint bank account that you both use.
Gifts Between Spouses: Sometimes, the rules are a bit different for gifts between spouses. If one spouse gives the other something significant, it might still be seen as joint property unless there’s a clear agreement or proof that says it’s a gift.

It’s important to understand these points about gifts in community property laws because they can make a difference in how things are divided in a divorce. Keeping good records and being careful about how you handle gifts can help ensure they stay as separate property.

What Happens to My Inheritance in a Divorce

Generally, in Arizona, an inheritance received by one spouse is considered separate property and is not subject to division in a divorce, as stated in Arizona Revised Statutes § 25-213.

However, if the inheritance is commingled with community property or used for the benefit of both spouses, it may lose its separate property status.

How a Family Law Legal Paraprofessional Can Help

When it comes to figuring out which property is yours alone in an Arizona divorce, a family law legal paraprofessional at De Novo Law, can be a big help.

They offer affordable help for situations where you need to show that certain things you own shouldn’t be split up in a divorce. This includes things you owned before getting married, gifts given just to you, or money you inherited.

By working with a legal paraprofessional, you get expert help to make sure your personal property is clearly defined and protected during the divorce process

If you’re ready to take action and want expert help, contacting De Novo Law Firm is easy. De Novo Law offers a free initial consultation to discuss your case and can be reached at (480) 725-2200.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

DISCLAIMER: The content of this site is for informational purposes only and is not intended to provide legal advice. De Novo Law, LLC and its Legal Paraprofessionals are not attorneys and are not authorized to provide legal advice or representation beyond the areas and scope of practice for which license is held. The transmission or receipt of any electronic correspondence or information does not create a legal paraprofessional-client relationship.

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Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Please Call Us at (480) 725-2200 or Fill Out the Form Below to Schedule a FREE Initial Consultation with an Affordable Legal Paraprofessional to Assist with an Arizona Divorce or other Family Law Matters.

Tags community property laws, debt division, divorce, gift, inheritance, property division, retirement, separate property, sole property

De Novo Law Blog

My Ex Violated Our Child Custody Order, What Do I Do?

Child Custody Orders- How a Legal Paraprofessional Can Help

Dealing with a custody agreement can be challenging, especially when one party fails to comply with the court-ordered terms. If your ex-spouse violates the custody order, it can be incredibly frustrating and concerning for the well-being of your children. In some cases, the violation may be minor and can be resolved through communication and mediation. However, if the violation is significant and ongoing, it may be necessary to take legal action.

When your ex-spouse repeatedly fails to comply with the custody order, it’s important to seek legal guidance to protect your children’s best interests. In some cases, the violation may warrant legal intervention, and even jail time for the offending party.

De Novo Law legal paraprofessionals can provide the necessary support and guidance to handle the legal processes involved in addressing custody order violations. In this article, we will explore the steps you can take if your ex-spouse has violated the child custody order and what options are available to ensure the safety and well-being of your children.

We will cover the following topics:

What Is Considering a Violation Of A Child Custody Order
How Does The Court Enforce Parenting Time in Arizona?
How To Deal With An Uncooperative Co-Parent
What Are The Legal Ramifications For Not Following a Custody Order
Requesting a Contempt Hearing in Response to Violations
How a Child Custody Legal Paraprofessional Can Help

What Is Considering a Violation Of A Child Custody Order

A child custody order, established during the divorce or separation process, outlines the rights and responsibilities of each parent regarding their child’s upbringing. Violations of this order can range from minor infractions to significant breaches, all of which can disrupt the child’s routine and negatively impact their well-being.

Understanding what constitutes a violation is important for enforcing and adhering to the custody agreement.

Non-compliance with Visitation Schedules: This occurs when one parent fails to adhere to the visitation schedule outlined in the custody order. It can include not allowing the child to visit the other parent during the designated times, returning the child later than agreed, or refusing to hand over the child at the scheduled time.
Unapproved Relocation: Moving the child to a new location without the consent of the other parent or the court, especially if the move significantly affects the current custody arrangement or the other parent’s ability to visit the child.
Making Unilateral Decisions: This involves making major decisions about the child’s life, such as those regarding education, healthcare, or religious upbringing, without consulting the other parent when joint legal custody is in place.
Withholding Information: Failing to inform or update the other parent about crucial aspects of the child’s life, including educational progress, health issues, or significant social developments.
Parental Alienation: Actively working to damage the child’s relationship with the other parent, whether through derogatory comments, false accusations, or obstructing communication and visitation between the child and the other parent.
Travel Violations: Taking the child out of the agreed jurisdiction or out of the country without the consent of the other parent or the court, especially when the custody order has specific stipulations about travel.

Each of these actions can be seen as a violation of a child custody order, and depending on the severity and frequency, they may lead to legal consequences, including a reassessment of the child custody agreement by the court.

How Does The Court Enforce Parenting Time in Arizona?

When one parent violates a parenting plan, the court can intervene through various mechanisms:

Filing for Enforcement: The affected parent may file a petition, prompting the court to review the situation and enforce the custody order.
Mediation: Courts may recommend mediation to resolve issues, encouraging parents to find an amicable solution with the help of a neutral third party.
Legal Remedies: Depending on the severity of the violation, the court has several options:
- Awarding make-up parenting time to compensate for missed visitation.
- Imposing fines or requiring the violating parent to pay the other parent’s legal fees.
- Modifying the custody order if violations are repeated or severe.
- Mandating counseling or parenting classes to address behavioral issues.
- Holding the violating parent in contempt of court, leading to fines or jail time.

The court’s primary focus in these actions is always the child’s best interests, ensuring their well-being and stability are maintained.

How To Deal With An Uncooperative Co-Parent

Dealing with an uncooperative co-parent after a divorce or separation can be incredibly challenging. It’s helpful to approach this situation with strategies that aim to reduce conflict and foster a healthier co-parenting relationship.

Prioritizing clear communication, establishing a consistent, clear way to talk about your child’s needs, and using written messages or co-parenting apps can avoid misunderstandings and keep a reliable record of your interactions.

It’s important to be straightforward yet respectful, focusing discussions on your child rather than any personal grievances.

Documenting every incident of non-cooperation or breach of the custody agreement. Record dates, times, and descriptions of any incidents, along with your attempts to resolve these issues. This documentation can come in handy, especially if legal intervention becomes necessary. Speaking of legal tools, don’t hesitate to use them if your personal efforts aren’t enough. Mediation can offer a neutral setting to work through conflicts, and if that doesn’t work, you might need to file a petition to enforce the custody order.

Remember to lean on your support network during these times.

Friends, family, or support groups can provide emotional support, and professional counseling might help you and your child cope with the stress of dealing with an uncooperative co-parent. And while you can’t control your co-parent’s actions, you can control how you respond. Stay calm, focus on your child’s well-being, and steer clear of conflicts, especially in your child’s presence.

What Are The Legal Ramifications For Not Following a Custody Order

Not adhering to a custody order in Arizona is a serious matter and can lead to various legal ramifications. These consequences are designed to enforce compliance and protect the child’s best interests.

Here are the primary legal repercussions for not following a custody order:

Contempt of Court: This is one of the most common consequences. A parent who willfully disobeys a custody order may be held in contempt of court, which can result in fines, court-ordered community service, and in some cases, jail time.
Modification of Custody Order: Persistent non-compliance can lead the court to reconsider the current custody arrangement. This could result in a reduction of custody or visitation rights for the non-compliant parent.
Fines and Legal Fees: Courts can impose fines on the violating parent and may also order them to pay the legal fees incurred by the other parent in bringing the violation to the court’s attention.
Make-up Parenting Time: The court may grant additional parenting time to the compliant parent to compensate for the time lost due to the violation.
Mandatory Education or Counseling: The court might require the non-compliant parent to attend parenting classes or counseling sessions to address the behaviors that led to the violation.
Restriction of Parental Rights: In severe cases, such as when a parent’s actions endanger the child’s well-being, the court may place restrictions on their parental rights, including supervised visitation or, in extreme situations, termination of parental rights.

Custody orders are not suggestions but legally binding agreements.

Violating a custody order can lead to severe legal consequences, not to mention the potential emotional and psychological impact on the child involved.

Requesting a Contempt Hearing in Response to Violations

When your ex violates your child custody order and diplomatic solutions falter, seeking a contempt hearing may be beneficial.

This legal avenue prompts the court to not only enforce the custody agreement but also to potentially penalize the non-compliant party.

If you find yourself contemplating this step, here’s a rundown of the process and its implications:

The term ‘contempt of court’ in family law signifies your ex’s deliberate violation of the custody order. To set this legal process in motion, you need to file a motion for contempt with the same court that issued the initial custody order. This document should outline the specific instances where the custody order was violated.

Backing your motion with substantial evidence is the next important step.

This might include documented exchanges, detailed visitation records, or any other tangible proof demonstrating the breach of the custody arrangement. If the court greenlights your motion, it will schedule a hearing. This is your platform to explain the violation’s nature and its repercussions on your child.

The consequences for your ex, if found in contempt, can range widely based on the violation’s severity and the court’s judgment. Options include granting additional parenting time to compensate for missed visits, imposing monetary penalties, mandating attendance in parenting classes, or, in serious scenarios, incarceration.

How a Child Custody Legal Paraprofessional Can Help

If you’re facing a situation where your ex has violated your child custody order, it can feel really overwhelming. But remember, there are steps you can take, and getting help from a child custody legal paraprofessional at De Novo Law can be a game-changer.

First things first, these experts know the ins and outs of family law. They can help you understand exactly what your custody order means and identify how it’s been violated. They’re great at helping you gather and organize any proof you have of these violations, like messages or documented incidents.

If you need to, they can guide you through the process of filing a petition with the court to address these violations. They know all the paperwork inside out, so they’ll make sure everything is completed correctly and on time.

Sometimes, situations like these can be resolved without going to court. A legal paraprofessional can offer advice on negotiating with your ex and suggest resources like mediation, where you can both try to sort things out with the help of a neutral third party.

Having someone from De Novo Law Firm by your side can provide not just legal support but also peace of mind. They’re there to make sure your rights and your child’s best interests are protected every step of the way.

If you’re ready to take action and want expert help, contacting De Novo Law Firm is easy. De Novo Law offers a free initial consultation to discuss your case and can be reached at (480) 725-2200.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, custody agreements, joint custody, medical decision making, medicial, sole custody, special needs child, special trust

De Novo Law Blog

Special Needs Children and Child Custody Agreements

Child Custody – How a Legal Paraprofessional Can Help

At De Novo Law, we specialize in tackling cases involving child custody for special needs children. This article offers insights into the implications of a special needs child turning 18 and the importance of special needs trusts as well as various other topics.

Our Legal Paraprofessionals offer a distinct approach compared to traditional family law attorneys. Paraprofessionals are licensed to provide legal services in family law, including complex child custody cases involving special needs children.

They differ from attorneys in their focused expertise and the ability to offer more accessible and affordable legal support.

If you are dealing with child custody matters involving a special needs child, De Novo Law offers a free initial consultation to help you determine the best course of action.

We will cover the following topics:

Child Support in Special Needs Child Custody
Developing an Effective Custody Schedule for a Special Needs Child
Legal Considerations in Joint Custody of a Special Needs Child
Understanding and Utilizing Special Needs Trusts in Custody Cases
Transitioning to Adulthood: Custody and Support When a Special Needs Child Turns 18
Frequently Asked Questions
How a Legal Paraprofessional Can Help

Child Support in Special Needs Child Custody

Child custody cases involving special needs children in Arizona require careful consideration, especially regarding child support.

Key Considerations in Calculating Child Support

Arizona Child Support Guidelines: While these guidelines provide a standard framework, they are adapted to accommodate additional costs like extraordinary medical expenses, special education, and care needs specific to the child.
Extraordinary Expenses: Medical care, therapy, and specialized education or care for the child significantly impact the child support calculation.

Modifying Child Support

Evolving Needs: Child support arrangements can be adjusted to reflect changes in the child’s needs or parents’ financial situations.
Court Intervention: Parents can request court intervention for modifications to the support order to address these changes.

Developing an Effective Custody Schedule for a Special Needs Child

In Arizona, the Smith family’s custody schedule for their 10-year-old daughter Emily, who has autism, is a model of consideration for special needs.

During weekdays, Emily stays with her mother, Mrs. Smith, who resides near Emily’s special education school and therapy center. This arrangement ensures minimal disruption to Emily’s routine, important for her well-being.

On weekends, Emily spends time with her father, Mr. Smith, ensuring she maintains a strong relationship with both parents. This balance allows Mr. Smith to actively participate in Emily’s care and routine, fostering a nurturing environment for her.

The Smiths alternate holidays and vacations, adapting their schedule for unforeseen changes, such as adjustments in therapy sessions. Their flexibility and communication are key, especially when coordinating around Emily’s medical and educational needs.

This schedule is regularly reviewed and adjusted in consultation with healthcare and education professionals, reflecting Emily’s evolving needs.

The Smiths’ collaborative approach, prioritizing stability, flexibility, and Emily’s best interests, exemplifies effective co-parenting in a special needs custody arrangement.

Legal Considerations in Joint Custody of a Special Needs Child

Joint legal custody of a special needs child in Arizona, under the guidance of Arizona Revised Statutes (ARS), demands careful attention to the child’s unique requirements.

ARS §25-403 prioritizes the child’s best interests in legal decision-making, while ARS §25-410 addresses emergency healthcare decisions, a critical aspect for special needs children.

Additional Considerations and Potential Issues

Education Plans: Joint legal custody requires parents to collaboratively decide on Individualized Education Plans (IEPs) or 504 Plans, which may lead to disagreements on educational approaches or therapies.
Adjustments to Routine: For special needs children, consistency in routine is key. Transitions between households can be challenging, requiring parents to establish a stable environment in both homes.
Financial Responsibilities: Additional costs associated with the child’s care, like therapies, medications, and specialized equipment, must be equitably shared, often leading to disputes over financial obligations.
Parental Disagreements: Differences in parenting styles or opinions on medical and educational decisions can create conflicts, necessitating mediation or legal intervention.

Handling Challenges in Joint Legal Custody

Mediation and Legal Support: In cases of disagreement, ARS §25-402 recommends mediation. Parents may also seek legal counsel to ensure fair decision-making.
Adapting to Changes: As the special needs child grows, their needs may evolve, requiring adjustments to custody agreements and shared decision-making strategies.

Conclusion

Joint legal custody of a special needs child in Arizona involves complex considerations beyond standard custody arrangements.

Challenges such as coordinating education plans, managing financial responsibilities, and addressing routine disruptions require parents to work collaboratively and sometimes seek external support.

Understanding and Utilizing Special Needs Trusts in Custody Cases

In custody cases involving a special needs child, establishing a special needs trust is essential for the child’s long-term financial well-being.

This type of trust is specifically designed to handle the expenses of raising a child with disabilities without affecting their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI).

A special needs trust is a legal arrangement where assets are held and managed by a trustee to benefit a special needs individual. It’s crafted to provide for additional needs that are not covered by government assistance, including specialized medical care, educational needs, and personal care.

In the context of custody cases, these trusts offer a structured way for both parents to contribute financially to their child’s care.

They ensure that funds are specifically used for the child’s benefit, offering clarity and accountability in financial contributions.

Parents are encouraged to collaboratively establish the trust, often with the guidance of legal experts in special needs planning. This ensures the trust is compliant with both state and federal laws and serves the child’s best interests.

Transitioning to Adulthood: Custody and Support When a Special Needs Child Turns 18

As a special needs child in Arizona approaches the age of 18, changes can occur in custody and support arrangements.

At 18, the child is legally considered an adult, impacting existing custody orders and child support obligations.

However, for special needs individuals, reaching adulthood often doesn’t negate the need for continued parental support, both financially and in terms of care.

Key considerations during this transition include potential guardianship if the child cannot make decisions independently. Parents may need to legally establish guardianship to continue making important decisions for their child.

Additionally, decisions regarding adult living arrangements become pertinent, whether the child remains at home or moves to a specialized care facility.

Financial support also undergoes changes. Parents might have to modify child support agreements to better suit the child’s adult needs. Moreover, transitioning to adult government benefits like Supplemental Security Income (SSI) and Medicaid requires planning to ensure uninterrupted support.

Establishing or continuing a special needs trust is important for providing necessary financial support without affecting the child’s eligibility for government aid. Parents should also explore suitable vocational and educational programs to support their child’s abilities and interests in adulthood.

Frequently Asked Questions

Q1: What does “best interest of the child” mean in the context of a child with special needs?

A1: The “best interest of the child” standard in family law considers the unique needs of a child with special needs, including their health, emotional development, and education. It requires that custody decisions prioritize the child’s specific needs, ensuring their overall well-being.

Q2: How is physical custody determined for a child with special needs?

A2: Physical custody refers to where the child lives. In cases involving a child with special needs, the court will consider the child’s medical needs, daily care requirements, and routine stability when determining physical custody arrangements.

Q3: What should a parenting plan include for a special-needs child?

A3: A parenting plan for a special-needs child should outline specific routines, medical care plans, educational arrangements, and any necessary therapies. It should be detailed and flexible to accommodate the child’s evolving needs.

Q4: Are child support payments different when a child has special needs?

A4: Yes, child support payments may be adjusted to address the additional expenses a child with special needs may incur. This can include therapy, special education, and medical expenses.

Q5: Can a parent get full custody if their child requires special care?

A5: Sole custody may be granted if it’s in the best interest of the child, especially if one parent is better equipped to handle the child’s special needs. However, Arizona courts generally prefer arrangements that allow the child to have meaningful relationships with both parents.

Q6: What considerations are made for visitation schedules for special needs children?

A6: Visitation schedules for special needs children often require more structure to maintain routine and stability. They may need to account for the child’s therapy sessions, medical appointments, and other unique requirements.

Q7: How do custody matters differ when an older child with special needs is involved?

A7: For an older child with special needs, custody matters might focus more on long-term care planning, transition to adult services, and guardianship issues, alongside their ongoing medical and educational needs.

Q8: What challenges do parents of children with special needs face in custody battles?

A8: Parents of children with special needs may face challenges in demonstrating their ability to meet the child’s special requirements, disputes over medical decisions, and managing the financial burden of care.

Q9: In custody decisions, how are a child’s educational needs considered?

A9: The child’s educational needs are a crucial factor in custody decisions. This includes the choice of school, special education services, and any necessary accommodations or therapies.

How a Legal Paraprofessional Can Help

Legal Paraprofessionals like Stephanie Villalobos at De Novo Law offer a new dimension of legal assistance, especially in family law matters involving custody and support for special needs children.

Licensed by the Arizona Supreme Court, they can provide legal services and court representation, making them a cost-effective alternative to traditional attorneys. Their expertise is particularly valuable in complex family law cases, where they can offer guidance and support throughout the process.

For those interested in exploring this option, De Novo Law offers a free one-on-one consultation.

You can contact them at (480) 725-2200 or visit their contact page to schedule a consultation and discuss your family law needs. This consultation provides an excellent opportunity to understand how a Legal Paraprofessional can assist you, especially in cases involving special needs children.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, custody agreements, joint custody, medical decision making, medicial, sole custody, special needs child, special trust

De Novo Law Blog

Common Law Marriage in Arizona

Common Law Marriage- How a Legal Paraprofessional Can Help

Common law marriage is a concept that has been around for centuries and continues to be a topic of interest in family law.

In Arizona, however, common law marriage is not recognized

which can lead to some unique legal challenges for couples who consider themselves to be husband and wife without a formal marriage certificate.

Whether it’s understanding the legal implications of not being recognized as a married couple in the eyes of the state or seeking affordable legal services to protect each other’s rights and assets from a common law marriage originating in another state, a legal paraprofessional can provide much-needed guidance and support.

We will cover the following topics:

What Is a Common Law Marriage?
Are Common Law Marriages Legal in Arizona?
In What States Are Common Law Marriages Legal?
Will Arizona Recognize My Common Law Marriage From Another State?
Common Law Marriage and Divorce: How Does It Work?
Frequently Asked Questions
How a Family Law Legal Paraprofessional Can Help

What Is a Common Law Marriage?

A common law marriage is a non-ceremonial form of marriage that can be recognized as legally valid without a formal wedding or marriage license,

based primarily on the couple’s cohabitation, intention, and presentation as a married couple.

This concept originated in England and was transported to many states in the U.S. However, its recognition varies significantly across different jurisdictions.

Are Common Law Marriages Legal in Arizona?

In Arizona, common-law marriages are not legally recognized. This means that regardless of the duration of a relationship or how a couple may present themselves publicly, they are not considered legally married without undergoing the formal process, including obtaining a marriage license and having a marriage ceremony.

In What States Are Common Law Marriages Legal?

Common law marriages are legally recognized in a select few states within the United States.

Each state has distinct criteria for what constitutes a common-law marriage.

Colorado: No minimum period of cohabitation required; couples must hold themselves out to the public as married.
Iowa: Requires a minimum period of cohabitation and public declaration of the marriage.
Kansas: Recognition based on cohabitation and public representation as a married couple.
Montana: No formal requirements for a specific period or public declaration, but couples must meet certain criteria to be recognized.
New Hampshire: Recognizes common law marriage only for the purpose of inheritance.
South Carolina: Requires proof of cohabitation and a mutual agreement to be married.
Texas: Known as “informal marriage,” requiring declaration and registration at the local county clerk’s office.
Utah: Requires a petition to the court to establish a common law marriage.

It’s important to note that the recognition of common law marriage and the associated rights and responsibilities vary from state to state.

Couples in these states are typically granted the same legal rights as those in ceremonial marriages, including in areas of property division, inheritance, and spousal support.

Will Arizona Recognize My Common Law Marriage From Another State?

Arizona acknowledges common law marriages established in other states, adhering to the full faith and credit clause of the U.S. Constitution.

While the state itself does not permit the formation of common law marriages, it recognizes them if they are legally valid in the state where they were formed.

Interstate Recognition: Arizona respects out-of-state common law marriages, provided they meet all legal requirements of the state in which they were established.
Proof of Validity: Couples must demonstrate their relationship met the criteria for a common law marriage in the originating state, including aspects like cohabitation and public recognition as a married couple.
Equal Legal Standing: Once recognized, these marriages have the same legal rights and responsibilities as traditional marriages in Arizona, covering areas like property rights, inheritance, and spousal maintenance.
Legal Challenges: Proving a common law marriage can be complex without formal documentation, so maintaining detailed records is crucial.

In summary, Arizona will recognize a common law marriage from another state, but couples need to be prepared to provide evidence of the marriage’s validity according to the laws of the state where it was established.

Common Law Marriage and Divorce: How Does It Work?

While Arizona does not establish common law marriages within its borders, it does recognize those validly formed in other states due to the full faith and credit clause of the U.S. Constitution.

Consequently, if an Arizona resident was part of a common law marriage formed in a state like Colorado or Texas, Arizona courts will treat the dissolution of this marriage similarly to any other divorce proceeding.

This process will involve the equitable division of assets, determination of spousal support, and, if applicable, decisions regarding child custody and support.

Frequently Asked Questions

Q1: Can my partner and I be considered legally married under common law if we live together in Scottsdale, Arizona?
A1: In Arizona, including cities like Scottsdale, the state does not recognize common-law marriages, regardless of how long a couple has lived together. While the concept of “marriage by habit and repute” or common-law marriage is recognized in some states, Arizona is not one of them.

Q2: As a surviving spouse in a common-law marriage from another state, what are my inheritance rights in Arizona?
A2: If your common-law marriage is recognized by the state of Arizona, you would have the same inheritance rights as a surviving spouse in a traditional marriage. This includes rights related to community property and other estate matters, subject to Arizona state probate laws.

Q3: Is it possible for my partner and I to file joint tax returns in Arizona if we have a common-law marriage from another state?
A3: If you are in a common-law marriage recognized by the state of Arizona because it was contracted in a state that allows such unions, you may file joint tax returns as a married couple.

Q4: If my partner and I have a common-law marriage in another state, how does the State of Arizona handle our marital contract for legal matters?
A4: When a couple with a common-law marriage from a state that recognizes such unions relocates to Arizona, the State of Arizona will uphold their marital contract for legal matters. This includes recognizing rights related to property disputes, probate proceedings, and other family law matters under Arizona state law.

Q5: Can I use my spouse’s last name in Arizona if we are in a common-law marriage recognized by another state?
A5: Yes, if your common-law marriage is recognized by Arizona because it was contracted in a state that recognizes common-law marriages, you can legally use your partner’s last name. However, it’s advisable to keep documentation proving the validity of your common-law marriage.

Q6: Are there family law firms in the 480 area code that specialize in cases involving common-law marriages?
A6: Yes, there are family law firms in the 480 area (Scottsdale and surrounding areas) that specialize in cases involving common-law marriages recognized by other states. These firms can provide legal advice and representation in various family law needs, including those unique to common-law marriages.

How a Family Law Legal Paraprofessional Can Help

De Novo Law offers specialized assistance through their family law legal paraprofessionals for couples moving to Arizona with a common law marriage established in another state.

A legal paraprofessional, like those at De Novo Law, is a licensed professional who can perform many of the same functions as an attorney but at a more affordable cost.

This includes offering guidance on how Arizona laws might affect your common-law marriage and handling associated legal matters like property division, child custody, and support.

For individuals seeking advice in this area, De Novo Law’s free consultation offer is an excellent starting point to better understand your situation. You can contact them at (480) 725-2200. to schedule this consultation and discuss the specifics of your common law marriage and how it may be treated under Arizona law.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags alimony, arizona family law, child custody, child support, common law, common law marriage, divorce, legal paraprofessional

De Novo Law Blog

Arizona Divorce and Property Division

Property Division- How a Legal Paraprofessional Can Help

Arizona is a community property state, which means that all property and debts acquired during a marriage are considered community property and are subject to division in the event of a divorce.

However, there are certain assets that may be considered separate property, such as inheritances or gifts received by a spouse. When going through a divorce in Arizona, it is important to understand the complexities of property division in order to ensure a fair and equitable distribution of assets.

Legal paraprofessionals, such as De Novo Law, specialize in providing assistance with divorce and property division. They offer a free initial consultation to discuss your case and provide guidance on how to proceed. With their expertise, you can ensure that your spousal and marital assets are handled fairly and in accordance with Arizona law.

We will cover the following topics:

Property Division Under Community Property Laws
Application of Community Property Laws in Arizona Divorces
What Counts as Separate Property vs Marital Property
How Does Property Value Affect Asset Division
How is a 401k split in an Arizona Divorce?
How a Family Law Legal Paraprofessional Can Help

Property Division Under Community Property Laws

In Arizona, property division during a divorce is guided by the state’s community property laws.

These laws affect how assets and debts are divided between the spouses.

Principles of Community Property in Arizona

Equal Ownership: Under Arizona Revised Statutes (ARS) §25-211, assets and debts acquired during the marriage are considered community property. This means that both spouses have equal ownership.
Equitable Division: While the starting point is equal division, ARS §25-318 allows the court to make adjustments to ensure a fair distribution based on various factors, including the duration of the marriage, the financial circumstances of each spouse, and contributions to marital assets.
Distinct from Common Law States: Unlike common law states, where assets are typically divided based on the title or ownership, Arizona’s community property laws focus on an equitable distribution of all marital assets and debts.

Consideration of Marital Contributions

Direct and Indirect Contributions: Courts consider both direct financial contributions (such as income) and indirect contributions (like homemaking or childcare) when dividing property.
Non-Monetary Contributions: The non-monetary contributions of a spouse, which might include career sacrifices or supporting a spouse’s education, are also recognized in property division.

Handling of Debts

Shared Responsibility: Just as assets are divided, debts incurred during the marriage are usually considered a joint responsibility under ARS §25-215.
Exceptions: If one spouse incurred a debt without the other’s knowledge or for non-marital purposes, the court might assign this debt solely to that spouse.

Agreements Between Spouses

Prenuptial and Postnuptial Agreements: Agreements made before or during the marriage, if valid, can significantly alter how property is divided, as per ARS §25-201 et seq.
Settlement Agreements: Spouses may agree on how to divide their property, and such agreements, if reasonable and not coerced, are typically upheld by the courts.

Application of Community Property Laws in Arizona Divorces

Community property laws apply to all assets and debts that either spouse acquires during the marriage, with a few exceptions for separate property.

It’s important to understand that the division is based on value, not necessarily on a physical division of each asset.

For example, one spouse may keep the family home, while the other receives assets of comparable value.

The goal of these laws is to reach an equitable division that considers the financial situation and needs of each spouse, ensuring that both parties emerge from the divorce with a fair share of the marital estate.

What Counts as Separate Property vs Marital Property

In Arizona, the division of assets in a divorce is heavily influenced by the classification of property as either separate or marital.

Separate property includes assets owned before marriage, inheritances, gifts, and personal injury awards (excluding lost earnings).

However, this can change to marital property if commingled or enhanced through marital efforts.

Marital property, also known as community property, comprises assets and debts acquired during the marriage, including income and purchases.

The proper classification is important as marital property is divided according to community property laws, while the owner typically keeps separate property.

Accurate documentation and legal agreements like prenuptial or postnuptial contracts are also valuable in this process.

How Does Property Value Affect Asset Division

In Arizona divorces, valuing common assets such as houses and cars is necesssary for equitable property division.

The family home, often the most significant asset, requires an accurate market valuation, usually determined by a professional appraisal.

This value is central to the asset division process, as it influences the distribution of other assets and debts to ensure fairness.

For instance, if one spouse keeps the home, the other may receive different assets, like investments or cash, to equalize their share. Similarly, cars are valued based on factors like make, model, age, and condition, with adjustments made in other areas to maintain equitable distribution.

Other assets, including furniture, electronics, and personal items, are also evaluated, though their valuation can be more subjective.

These items are often divided through mutual agreement, with consideration for each party’s usage and attachment.

In cases involving complex assets like family businesses, specialized appraisals are required, taking into account not just current earnings but also future potential and market trends.

Accurate valuation of these assets ensures adherence to Arizona’s community property laws, facilitating a fair division. Legal and financial experts are frequently involved in this process.

How is a 401k split in an Arizona Divorce?

Dividing a 401k in an Arizona divorce requires careful attention to the state’s community property laws and the specific details of the retirement plan.

Here’s an overview of how a 401k is typically split during a divorce in Arizona:

Community Property Consideration: In Arizona, the portion of the 401k accumulated during the marriage is considered community property. This means that it is subject to equitable division between the spouses.
Use of Qualified Domestic Relations Order (QDRO): A QDRO is a legal order specifically designed to divide retirement plans, including 401ks. This order ensures the division is executed in compliance with both state law and the retirement plan’s rules.
Approval by Plan Administrator: The QDRO must be approved by the plan administrator. This step is crucial to ensure the division adheres to the specific guidelines and regulations of the 401k plan.
Tax Implications: Dividing a 401k can have significant tax implications. Withdrawals from a 401k are typically subject to taxes, and the division of these assets in a divorce should be managed in a way that considers these tax consequences. The use of a QDRO can facilitate a direct transfer of funds to the other spouse’s retirement account, potentially avoiding immediate tax penalties.
Seeking Professional Advice: Due to the complexities involved in dividing retirement assets like a 401k, it is often advisable to seek legal and financial advice. This ensures that the division is not only fair and equitable but also compliant with legal requirements and sensitive to tax implications.

How a Family Law Legal Paraprofessional Can Help

At De Novo Law, a legal paraprofessional like Stephanie Villalobos can provide valuable assistance in family law matters, including the process of property division in an Arizona divorce. As a licensed Legal Paraprofessional (LP), she is equipped to handle various aspects of family law with a focus on affordability and accessibility.

Specifically for property division, De Novo Law offers guidance and representation in:

Division of Debt and Assets: Assisting clients in dividing marital assets and debts under Arizona’s community property laws.
Separate vs. Marital Property: Providing expertise in distinguishing between separate and marital property for equitable distribution.
Representation in Court: LPs like Stephanie Villalobos are licensed to represent clients in court, ensuring professional legal assistance throughout the divorce process, including property division negotiations and proceedings.
Affordable Legal Services: De Novo Law emphasizes affordability, offering legal services at rates lower than traditional attorneys. This can include hourly or flat fee arrangements for specific services, making legal assistance more accessible.

The role of LPs at De Novo Law is to fill the gap in legal services, particularly for those who may find traditional legal fees prohibitive. They can provide comprehensive legal services, from advice and drafting legal documents to representing clients in court.

De Novo Law offers specialized legal support for individuals seeking assistance with property division in an Arizona divorce. You can contact De Novo Law for a free one-on-one consultation to discuss your concerns. To schedule this consultation and access their affordable legal services, call them at (480) 725-2200.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags community property, community property laws, divorce, property division, retirement, separate property, splitting property

De Novo Law Blog

Arizona Divorce by Default

Default Divorce- How a Legal Paraprofessional Can Help

When going through a divorce in Arizona, the process can become more complicated if one party fails to respond or participate in the proceedings. This can lead to what is known as a Divorce by Default.

If your spouse fails to file a response to your divorce application and affidavit of default, you may be able to move forward with the divorce without their participation.

In the state of Arizona, default divorce decrees can be obtained through a legal process that involves requesting a default hearing. However, handling the legal complexities of default divorces can be overwhelming and confusing. This is where a family law legal paraprofessional, such as De Novo Law, can help.

A family law legal paraprofessional can provide valuable assistance throughout the default divorce proceedings, from helping you understand the process to ensuring that all required documents are properly filed. Additionally, they can also facilitate divorce mediation if both parties are open to resolving their issues outside of court.

So, if you find yourself in a situation where your spouse fails to engage in the divorce process, know that there is professional help available to guide you through the Divorce by Default process.

We will cover the following topics:

What is a Divorce by Default
How Does the Divorce Process Work
Consequences of a Default Divorce in Arizona
Setting Aside a Default Judgment in Divorce
How Mediation Works in a Default Divorce
Frequently Asked Questions About Divorce by Default in Arizona
How an Arizona Family Law Paraprofessional Can Help

What is a Divorce by Default

A divorce by default in Arizona occurs when one spouse (the respondent) fails to respond to the divorce petition filed by the other spouse (the petitioner) within a specified timeline.

If the respondent resides in Arizona, they must respond within 20 days; if outside Arizona, the timeframe extends to 30 days.

Failure to respond within these periods allows the petitioner to seek a default judgment from the court.

How Does the Divorce Process Work

The process for a default divorce in Arizona follows a specific legal pathway, beginning with the filing of the divorce petition and potentially concluding with a default judgment if one party does not respond.

Here’s an overview of the steps involved:

Filing the Divorce Petition: The process begins when one spouse (the petitioner) files a petition for the dissolution of marriage with the appropriate Arizona court. This petition outlines the petitioner’s terms for the divorce, including aspects like property division, child custody, and spousal support.
Serving the Divorce Petition: The petitioner is required to serve the divorce petition to the other spouse (the respondent). This service must be carried out according to Arizona’s legal requirements, often through a process server or by certified mail.
Waiting for the Response: After being served, the respondent has a specific timeframe to respond. If residing in Arizona, the respondent has 20 days to file a response; if outside Arizona, the timeframe is 30 days. This response should address the claims and terms laid out in the petition.
Filing for Default: If the respondent fails to respond within the given timeframe, the petitioner can then file an application for default with the court. This application signifies that the respondent has not participated and the petitioner seeks a default judgment.
Additional Waiting Period: Upon filing for default, the court typically allows an additional 10 days for the respondent to respond. This is a final opportunity for the respondent to become involved in the divorce proceedings.
Default Divorce Hearing: If the respondent still does not respond, the court may schedule a default hearing. At this hearing, the petitioner may be required to provide evidence or testimony to support their requests in the divorce petition.
Issuing the Default Decree: Based on the information presented, the judge can issue a default decree of divorce, which legally dissolves the marriage and typically grants the requests made by the petitioner in the absence of any contest from the respondent.

Throughout this process, it’s important for both parties to be aware of the timelines and requirements set by the Arizona Revised Statutes to ensure their rights and interests are adequately represented and protected.

Consequences of a Default Divorce in Arizona

In Arizona, when one spouse fails to respond to a divorce petition, it leads to a default divorce, which has considerable consequences.

The petitioner often obtains their requested divorce terms, including property division, spousal support, and child custody.

In this community property state, property division in a default divorce may favor the petitioner. Child custody and support decisions are made in the children’s best interests but often go uncontested in default cases. Spousal support is typically awarded as per the petitioner’s request if uncontested.

A default judgment is binding and final, leaving the non-responding spouse with limited options to contest.

This can lead to unfavorable financial and custody outcomes for them. While courts aim for fairness, they may adjust excessively unfair demands.

It’s beneficial to respond timely to divorce proceedings and consider seeking legal advice for a clearer understanding of the process.

Setting Aside a Default Judgment in Divorce

In certain circumstances, it is possible to set aside a default judgment in a divorce case in Arizona.

This action involves asking the court to nullify the default decree and reopen the case, allowing the previously non-responsive spouse to participate in the divorce proceedings.

Here are key aspects to understand about this process:

Grounds for Setting Aside a Default Judgment: The most common grounds include showing that the default was a result of mistake, inadvertence, surprise, or excusable neglect. For example, if the respondent did not receive the divorce papers due to an error in service or had a significant reason that prevented them from responding, these could be valid grounds.
Timeliness: The request to set aside a default judgment must be made promptly after the default judgment is entered. Arizona law generally requires that this motion be filed within a reasonable time, in no case exceeding six months after the decree is entered, except under extraordinary circumstances.
Filing a Motion: The process begins by filing a motion to set aside the judgment with the same court that issued the default judgment. This motion should clearly state the reasons why the default judgment should be set aside, supported by relevant legal arguments and, if possible, evidence.
Hearing on the Motion: After the motion is filed, the court typically schedules a hearing to allow both parties to present their arguments. The petitioner (the spouse who obtained the default judgment) will have the opportunity to contest the motion.
Court’s Decision: The decision to set aside a default judgment rests with the court and is based on the specifics of the case. The judge will consider the reasons for the non-response, the promptness of the motion, and any potential prejudice to the petitioner.
Legal Representation: Given the complexity and the strict timelines involved, seeking legal advice from a qualified divorce attorney or a family law paraprofessional is highly recommended. They can help in preparing and presenting a compelling case to the court.

How Mediation Works in a Default Divorce

In the context of a default divorce in Arizona, the role of mediation can be limited, but it still holds potential value.

Mediation typically involves both spouses working with a neutral third-party mediator to negotiate and resolve issues amicably.

However, in a default divorce, since one party is non-responsive, traditional mediation as a tool for mutual agreement is not feasible in its standard form.

Despite this, if the non-responding spouse becomes active in the process after a default has been filed but before it’s finalized, mediation can be introduced to resolve any pending issues.

This scenario allows for a more collaborative approach to finalizing the divorce terms, potentially leading to a more mutually satisfactory resolution than a court-ordered judgment.

It’s important to note that while mediation can offer a platform for negotiation and compromise, its effectiveness in a default divorce scenario largely depends on the participation and willingness of both parties.

In cases where the non-responding spouse remains uninvolved, the divorce process continues toward a default judgment without the benefits of mediation.

Frequently Asked Questions About Divorce by Default in Arizona

FAQ: What happens if I move out of state after my spouse files for divorce but before a default judgment is issued?
- Answer: Moving out of state does not automatically prevent a default judgment. If you were served with divorce papers and did not respond within the legal timeframe, the court in Arizona can still issue a default judgment. It’s crucial to file a response or consult with a legal professional regardless of your relocation.
FAQ: Can a default divorce be contested after the judgment if I was unaware of the original divorce filing?
- Answer: Yes, under certain circumstances. If you were not properly served or genuinely unaware of the divorce proceedings, you might have grounds to contest the default judgment. This typically involves proving that you were not properly served and filing a motion to set aside the judgment.
FAQ: How does a default judgment affect my credit score?
- Answer: A default judgment itself does not directly affect your credit score. However, if the judgment involves financial obligations like spousal support or debt division and you fail to meet these obligations, it could negatively impact your credit.
FAQ: What is the impact of a default divorce on joint business assets?
- Answer: In a default divorce, the court may allocate business assets according to the petitioner’s request if it seems fair and within legal guidelines.
FAQ: How does a default divorce impact immigration status if my residency is based on my marriage?
- Answer: A default divorce can affect immigration status if your residency is conditional based on your marriage.
FAQ: Is it possible to negotiate the terms after a default divorce judgment in Arizona?
- Answer: Once a default judgment is entered, the terms are generally considered final. However, if both parties agree, they may be able to modify certain terms post-judgment, especially those related to child custody or support. Legal advice is recommended for such modifications.
FAQ: Can default divorce proceedings address retirement accounts and pensions?
- Answer: Yes, retirement accounts and pensions can be divided in a default divorce. However, without a response from the non-filing spouse, the court may allocate these assets based on the petitioner’s requests and legal guidelines, potentially without consideration of the non-filing spouse’s interests.
FAQ: How does a default judgment impact child visitation rights?
- Answer: In a default divorce, child visitation rights may be determined solely based on the filing spouse’s petition. If the non-responding spouse wishes to have visitation rights, it’s important to respond to the divorce petition to ensure these rights are considered.
FAQ: Is it possible to recover attorney’s fees in a default divorce case?
- Answer: Yes, in some cases. Arizona courts may order one party to pay the other’s attorney fees, especially if there is a significant disparity in financial resources. However, this is not automatic and depends on the specifics of the case.
FAQ: What if I was serving in the military and could not respond to the divorce petition in time?
- Answer: The Servicemembers Civil Relief Act (SCRA) provides protections for military personnel who cannot attend court proceedings, including divorce cases. If you were on active duty and unable to respond, you might be able to have the default judgment set aside under SCRA provisions.

How an Arizona Family Law Paraprofessional Can Help

An Arizona family law paraprofessional, such as those at De Novo Law, offers essential support in default divorce cases. They ensure clients understand legal procedures and deadlines, reducing the risk of a default judgment due to procedural errors.

Their role includes preparing and reviewing documents to comply with legal standards, and providing strategic advice on responding to divorce petitions or proceeding with default divorces.

For those seeking the assistance of a family law paraprofessional for default divorce cases in Arizona, you can reach them by phone at (480) 725-2200. They offer a free initial consultation with a legal paraprofessional to discuss your specific concerns.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags arizona family law, child custody, default divorce, default divorce judgement, legal paraprofessional, spousal support, uncontested divorce

De Novo Law Blog

Get a Divorce Without Going to Court in Arizona

Divorce Without Court- How a Legal Paraprofessional Can Help

If you have considered getting a divorce in Arizona, you may dread the idea of a lengthy and expensive court battle. However, there is a way to end your marriage without the need for a court appearance.

With the help of a legal service, you can handle the divorce process without ever stepping foot inside a courtroom.

In Arizona, couples have the option to pursue a collaborative divorce or mediation instead of going through a traditional court process. This can save time, money, and emotional energy. In a collaborative divorce, both parties work together with their respective representation to negotiate a fair settlement, including spousal support and custody decisions.

We will cover the following topics:

Understanding Arizona’s No-Court Divorce Process
Filing for Divorce Without Court Intervention
Financial Aspects of a No-Court Divorce
Frequently Asked Questions: No-Court Divorce in Arizona
How a Family Law Legal Paraprofessional Can Help

Understanding Arizona’s No-Court Divorce Process

To qualify for a no-court divorce in Arizona, certain conditions must be met. These generally include agreement on major issues such as asset division, child custody, and support.

Couples must be in a mutual understanding that the marriage is irretrievably broken and are willing to negotiate terms amicably.

Overview of the Legal Framework

Arizona law, detailed in the Arizona Revised Statutes (ARS), provides the legal basis for a no-court divorce, known as an uncontested divorce or dissolution of marriage. This process is governed by ARS §25-312, which outlines the requirements for dissolving a marriage, including residency requirements and grounds for divorce.

Additionally, ARS §25-318 addresses the consensual division of property and debts, which is a crucial part of the no-court divorce process.

In a no-court divorce, the primary focus is on negotiation and agreement. Couples work together, often with the help of legal counsel or mediators, to reach a mutually acceptable divorce settlement.

This approach contrasts with the traditional contested divorce, where disputes are resolved in court, often leading to a more adversarial and lengthy process.

Filing for Divorce Without Court Intervention

Filing for a divorce without court intervention in Arizona, known as an uncontested divorce, is a more straightforward process compared to a traditional contested divorce.

This option is ideal for couples who agree on all major issues, including property division, child custody, and support.

Here’s a step-by-step guide to help you understand the process:

Determine Eligibility: Ensure that you meet Arizona’s residency requirements for divorce. At least one spouse must have lived in Arizona for a minimum of 90 days before filing.
Agree on Key Issues: Both parties need to agree on all aspects of the divorce, including asset division, debt division, child custody, visitation, and support, as well as alimony (if applicable).
Prepare and File Divorce Papers: Complete the necessary forms, which can be obtained from the Arizona Judicial Branch website or your local court. The primary form is the “Petition for Dissolution of Marriage.” The forms vary depending on whether you have children.
Serve Your Spouse: Once filed, you must legally serve your spouse with the divorce papers, following Arizona’s rules for service of process. Your spouse will have a set period to respond.
Submit a Consent Decree: If your spouse agrees to the terms, you both can submit a Consent Decree of Dissolution of Marriage. This document outlines all the terms of your agreement.
Final Review and Decree: After submitting the Consent Decree, a judge will review it. If it meets all legal standards, the judge will sign it, making your divorce official.
Address Post-Divorce Considerations: After the divorce is finalized, follow through on all agreed-upon terms, such as transferring property titles and updating legal documents (like wills or beneficiary designations).

Remember, while an uncontested divorce can be simpler and less expensive, it’s important to ensure that all agreements are fair and in line with Arizona law.

Financial Aspects of a No-Court Divorce

When undergoing a no-court divorce in Arizona, it’s important to understand and appropriately handle the financial aspects.

These include the division of assets and debts and considerations for child support and alimony.

Proper management of these elements can lead to a smoother divorce process and ensure a fair outcome for both parties.

Managing Assets and Debts in an Amicable Split

In a no-court divorce, couples have the advantage of working out the division of assets and debts themselves.

This requires full disclosure and an honest assessment of shared and individual assets and liabilities. The key steps involve:

Listing All Assets and Debts: Both parties should compile a comprehensive list of all assets (like real estate, vehicles, savings accounts) and debts (such as mortgages, car loans, credit card debts).
Valuing Assets and Debts: Accurately assessing the value of assets and the amount of debts. This may require professional appraisals or valuations for certain assets.
Agreeing on Division: The couple should agree on a fair division. Arizona is a community property state, which generally means that any assets and debts acquired during the marriage are to be divided equally. However, couples can agree on a different division if they both consent.
Consideration of Tax Implications: Be aware of potential tax implications of asset division, especially for items like retirement accounts and real estate.

It’s often beneficial to work with financial advisors or legal professionals to help with the process, ensuring that the division is equitable and complies with Arizona law.

Child Support and Alimony Considerations

Child support and alimony are significant considerations in any divorce, including no-court divorces.

Child Support: In Arizona, child support obligations are determined based on the Arizona Child Support Guidelines, which consider various factors including the income of both parents, the number of children, and the time each parent spends with the children. The goal is to ensure that the children’s financial needs are met post-divorce.
Alimony (Spousal Maintenance): Alimony, known as spousal maintenance in Arizona, is not guaranteed in every divorce. It depends on factors like the length of the marriage, each spouse’s financial resources, and the standard of living established during the marriage. Unlike child support, there’s more flexibility and negotiation involved in determining alimony.

In summary, addressing the financial aspects of a no-court divorce in Arizona requires careful consideration and often professional guidance. By managing these aspects effectively, you can ensure a fair and sustainable outcome for both parties and any children involved.

Frequently Asked Questions: No-Court Divorce in Arizona

Q: Can I get a divorce in Arizona without going to court? A: Yes, you can get a divorce without appearing in court if both parties can reach an agreement on all terms of the divorce. This is known as an uncontested divorce. Once the divorce petition is filed with the court and all necessary documents are served and agreed upon, you may not need to attend a hearing if everything is in order.

Q: What is a default divorce in Arizona? A: A default divorce occurs when one spouse files for divorce (the petitioner) and the other spouse fails to respond to the petition within the stipulated time frame. In such cases, the court has discretion to grant a decree of dissolution of marriage based on the terms set forth in the petition.

Q: Do I need to be a resident of Arizona to file for divorce in the state? A: Yes, Arizona law requires that at least one of the spouses be a resident of Arizona or be stationed in Arizona (in the case of military personnel) for at least 90 days before filing the divorce petition.

Q: What happens if we have minor children involved in the divorce? A: If there are minor children involved, Arizona courts look into the best interests of the children regarding custody and support. The process may involve an early resolution conference and both parties may need to come to an agreement on child-related issues. This can be done through mediation or negotiation, avoiding the need for a court hearing.

Q: How does the division of property work in an Arizona divorce? A: Arizona is a community property state, which means that any assets and debts acquired during the time of marriage are generally divided equally between the parties. It’s common to think that this split is always 50/50, but the actual division may vary based on the circumstances. Couples are encouraged to reach an agreement on property division, possibly with the help of a qualified financial adviser or family law expert.

Q: What if my spouse and I cannot agree on the terms of our divorce? A: If you and your spouse cannot come to an agreement on your own, the case is considered contested and may require intervention from the court. In this scenario, both parties may need to attend a hearing, and the court will make decisions on the contested issues.

Q: Can I file for divorce in Arizona if my spouse is not willing to? A: Yes, you have the option to file for divorce even if your spouse does not want to divorce. If your spouse fails to respond after the papers are served, the procedure is done as a default process where the court may award the petitioner the terms set forth in their petition.

How a Family Law Legal Paraprofessional Can Help

In cases of no-court divorce, a legal paraprofessional can offer substantial help. They can guide clients through preparing and filing divorce documents, ensuring that all paperwork is correctly completed and submitted.

This includes drafting and reviewing documents such as the petition for dissolution of marriage, financial affidavits, and agreements related to child custody and support, if applicable.

Their knowledge of Arizona’s family law allows them to provide clients with accurate information on their rights and obligations, ensuring that the legal aspects of the divorce are handled properly.

Additionally, they can assist in the negotiation and mediation processes, helping clients reach amicable agreements on various aspects of the divorce, thus avoiding the need for court intervention.

This support can significantly streamline the divorce process, making it less stressful and more efficient for the clients involved.

To contact De Novo Law for assistance with family law matters including uncontested divorce, you can reach them by phone at (480) 725-2200. They offer a free initial consultation with a legal paraprofessional to discuss your specific concerns.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags alimony, child support, contested divorce, divorce, divorce proceedings, divorce process, filing for divorce, legal paraprofessional, spousal support, uncontested divorce

De Novo Law Blog

International Travel and Child Custody over the Holidays

International Travel- How a Paraprofessional Can Help

As the holiday season approaches, many families begin to plan for travel, but for divorced parents sharing custody, this time can bring additional considerations. At De Novo Law, we understand the complexities that arise when coordinating international travel with shared custody agreements.

This article aims to shed light on the important implications and legal requirements that parents need to be aware of when planning international travel with their children during the holidays. From ensuring compliance with custody agreements to understanding the necessity of mutual consent and the legalities under Arizona law. Our goal is to help families enjoy their holiday travels while maintaining legal compliance and upholding the best interests of their children

We will cover the following topics:

Understanding Arizona’s Legal Framework for International Travel with Children

Understanding Arizona’s legal framework for international travel with children requires consideration of various custody arrangements, including sole custody, joint custody, and situations where parents have specific visitation rights. Here’s how the law applies in these different scenarios:

Joint Custody: In joint custody situations, Arizona law, specifically ARS 25-408, necessitates at least forty-five days’ advance written notice before one parent can relocate the child outside the state or more than one hundred miles within the state. This requirement ensures that both parents have adequate time to discuss and potentially contest the relocation, with the child’s best interests as the central focus.
Sole Custody: For a parent with sole custody, the legal process may be less complicated, but the non-custodial parent still has rights that must be respected. Even in sole custody scenarios, the custodial parent is often required to provide notice to the non-custodial parent, especially if the non-custodial parent has visitation rights and the travel might interfere with these rights. The court will consider the child’s best interests and may require additional legal steps if the non-custodial parent objects to the travel plans.
Non-Custodial Parent’s Rights: Non-custodial parents have the right to be informed of and consent to international travel, especially if it affects their visitation schedule. The custodial parent must provide details about the travel and obtain consent from the non-custodial parent, particularly for extended trips or those involving significant distances.
Case Law Precedent: The case of Lehn v. Al-Thanayyan provides a pertinent example where the court had to balance the rights of both parents in an international context. The decision to require a substantial cash bond as a deterrent to potential child abduction in a non-Hague Convention country illustrates how Arizona courts approach these sensitive issues, prioritizing the child’s welfare and safety.
Compliance with Court Orders and Agreements: Whether in joint or sole custody situations, any existing custody agreements or court orders must be respected. These may contain specific clauses about international travel. The court generally upholds these agreements unless there’s a compelling reason to alter them, always with the child’s best interests in mind.
Best Interests of the Child: In all scenarios, the court’s primary consideration is the child’s best interests. Factors include the reasons for travel, the impact on the child’s stability and development, and the ability to maintain a meaningful relationship with both parents.

International Treaties and Their Impact on International Travel

International treaties, particularly those concerning child protection, have a profound impact on international travel involving children in shared custody scenarios.

The most significant of these is the Hague Convention on the Civil Aspects of International Child Abduction. This treaty provides a legal mechanism to ensure the prompt return of children wrongfully removed to or retained in another country.

It seeks to protect children from international abduction by a parent or guardian and ensures that custody rights established in one member country are recognized and respected in others.

For parents in shared custody arrangements, this means that international travel with their children requires careful legal consideration.

They must ensure that their travel plans do not violate custody agreements or the legal rights of the other parent as established in their home country.

Failure to adhere to these stipulations can lead to serious legal consequences, including international legal disputes under the Hague Convention.

The Convention also mandates that both parents typically need to consent to a child’s international travel.

This safeguard is designed to prevent one parent from unilaterally removing the child to another country, which could be deemed as international child abduction under the treaty.

Legal Considerations for Emergency Situations Abroad

In shared custody situations, being prepared for emergencies during international travel is essential. Key considerations include:

Documentation Preparation: Ensure all legal documents like passports and consent forms are in order, and understand the destination country’s legal framework for emergencies.
Health Emergencies: Know your medical decision-making rights for your child and familiarize yourself with the local healthcare system and laws.
Dealing with Travel Restrictions: Stay informed about potential travel restrictions or political instability that could affect your return plans. Maintain contact with your home country’s embassy or consulate.
International Child Abduction: Be aware of the legal procedures under the Hague Convention for addressing wrongful child retention abroad.
Communication with the Non-Traveling Parent: Keep the non-traveling parent informed during emergencies, facilitating collaborative decision-making for the child’s welfare.

Effective preparation and understanding of these legal aspects can help navigate unexpected situations while prioritizing the child’s safety and well-being.

Can My Ex-Spouse Deny International Travel

Yes, your ex-spouse can deny international travel with your child, especially in shared custody situations, and there are several reasons why this might happen:

Custody Agreement Stipulations: If your custody agreement or court order includes specific clauses regarding international travel, your ex-spouse has the right to enforce these clauses. For instance, the agreement might require mutual consent for international travel, and if your ex-spouse does not consent, you would be unable to legally take the child abroad.
Safety Concerns: Your ex-spouse might have legitimate concerns about the child’s safety, especially if the travel destination is considered unsafe or if there are health concerns like a pandemic.
Interference with Parenting Time: If the proposed travel interferes with the other parent’s scheduled parenting time or major life events, they may object to the travel.
Risk of Abduction: In cases where there’s a fear of international child abduction, particularly if one parent has strong ties to another country, the other parent may legally deny permission for travel.
Lack of Communication or Agreement: If the traveling parent fails to provide adequate information or disregards the importance of mutual agreement and communication, the non-traveling parent might deny consent.

If your ex-spouse denies consent for international travel and you believe the decision is unreasonable or not in the best interest of the child, you have legal options.

You may seek mediation to reach an agreement or, as a last resort, go to court to have a judge decide. The court will consider the child’s best interests, the reasons for the travel, and the reasons for the denial before making a decision.

Best Practices for Planning International Travel with Children in Shared Custody

Effective communication and proper documentation are essential components when a parent plans international travel with a child, especially in shared custody situations.

Firstly, communication should be open, clear, and initiated well in advance of the planned travel.

This allows both parents ample time to discuss, negotiate, and address any concerns related to the trip. The traveling parent should provide the non-traveling parent with a detailed itinerary, including flight schedules, accommodation details, and contact information for the duration of the trip. This transparency builds trust and ensures that the non-traveling parent is informed and comfortable with the travel arrangements.

Regarding documentation, several key pieces are necessary.

The most important is a notarized letter of consent from the non-traveling parent.

This document should explicitly state their permission for the specific travel plans, including the destinations and duration of the trip. It’s a crucial piece of documentation that may be required by airlines, immigration authorities, or in case of any legal disputes.

Additionally, the traveling parent should ensure that all travel documents, such as passports and visas for the child, are current and in order. If the custody agreement or court orders have specific clauses regarding international travel, it’s advisable to carry copies of these documents as well.

Parental Rights and Responsibilities During International Travel

In the context of international travel with children during shared custody, it’s essential for parents to comprehend and adhere to their rights and responsibilities as stipulated by Arizona law.

Parental Rights and Responsibilities:

Consent and Communication: The non-traveling parent generally has a right to be informed and consent to the travel plans. The traveling parent must obtain this consent, ideally in writing, to avoid legal issues such as allegations of child abduction.
Custody Agreement Compliance: Travel arrangements should align with the existing custody agreement or court order, respecting the other parent’s rights.
Emergency Preparedness: Open communication lines, including sharing travel details and contact information, are vital. Parents should also have a plan for emergencies.

Key Considerations:

Documentation: Carrying a notarized letter of consent from the non-traveling parent and ensuring all travel documents are in order is crucial.
Legal Implications: Traveling without the required consent can lead to serious legal repercussions, including accusations under international treaties like the Hague Convention.
Legal Advice: Consulting a family law attorney before traveling can provide valuable guidance and help ensure all legal requirements are met.

Understanding and respecting these aspects ensures that international travel with children in shared custody situations is conducted legally and smoothly, focusing on the children’s best interests.

How a Legal ParaProfessional Can Help?

Legal Paraprofessionals (LPs) at De Novo Law, such as Stephanie Villalobos with her extensive 30-year experience in the legal field, provide vital services in family law matters.

They are authorized to offer legal advice, represent clients in court for divorce, legal separation, child custody, and support issues, and negotiate settlements. Their role bridges the gap between a paralegal and an attorney, focusing on affordability and accessibility.

De Novo Law encourages individuals facing family law challenges to utilize their services, offering free one-on-one consultations.

For assistance, you can contact De Novo Law at (480) 725-2200 to arrange a consultation with a qualified legal paraprofessional.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child, child custody, custody agreements, divorce, international travel, legal paraprofessional, parenting time, travel

De Novo Law Blog

How Do I Gain Visitation Rights in Arizona

Visitation Rights – How a Paraprofessional Can Help

Visitation rights, crucial for non-custodial parents and third parties like grandparents, are determined by Arizona’s family law, emphasizing the child’s emotional and physical well-being.

Our team, skilled in legal intricacies, can guide you through petitioning for these rights, ensuring that every step from drafting to court representation is handled with expertise and a focus on achieving a visitation schedule that best serves your child’s needs.

We will cover the following topics:

What Are Visitation Rights in Arizona?

Visitation rights in Arizona refer to the legally granted time a non-custodial parent or third party spends with a child.

Governed by Arizona Revised Statutes §25-403, these rights are determined with the child’s best interests in mind.

The statute outlines that decisions around visitation consider various factors such as the child’s relationship with each parent, their adjustment to home and community, and the mental and physical health of all parties involved. These laws ensure that while upholding parental rights, the primary focus remains on the welfare and stability of the child.

Who Can Obtain Visitation Rights in Arizona?

In Arizona, several parties can petition for visitation rights, each governed by specific legal statutes:

Legal Parents: Any biological or adoptive parent not granted primary custody can seek visitation rights, as guided by Arizona Revised Statutes §25-403.
Grandparents: Under ARS §25-409, grandparents can obtain visitation rights, especially if one of the child’s parents is deceased, or the parents are divorced or separated.
Third Parties: In certain cases, third parties like step-parents or close family friends may be eligible for visitation, particularly in situations where they have played a significant role in the child’s life.
Unmarried Fathers: Fathers who were not married to the mother at the child’s birth must first establish paternity as per ARS §25-814, after which they can seek visitation rights.

Each of these parties must demonstrate that visitation serves the best interests of the child to be granted these rights.

How Does Arizona Law Define ‘Best Interests of the Child’?

In Arizona, the “best interests of the child” is a legal standard used to guide decisions in visitation and custody cases, as detailed in Arizona Revised Statutes §25-403. This statute considers a range of factors:

The Child’s Wishes: The court may consider the child’s preferences, depending on their age and maturity.
Each Parent’s Relationship with the Child: How strong and nurturing each parent’s relationship is with the child.
Adjustment to Home and Community: The child’s adaptation to their current living situation, school, and social environment.
Mental and Physical Health: The physical and emotional health of both the child and the parents.
Ability to Provide a Stable Environment: Each parent’s capacity to provide a stable, loving, and safe environment.

For example, in a situation where one parent has been the primary caregiver, the court might favor a visitation schedule that disrupts the child’s routine minimally.

Conversely, if a parent has had minimal involvement or there are concerns about their ability to provide a safe environment, the court may order supervised visitation or less frequent visitation.

This comprehensive approach ensures that all aspects of the child’s well-being are considered when determining visitation arrangements.

What Is the Process to Petition for Visitation Rights?

Obtaining visitation rights in Arizona involves a legal process that starts with the filing of a petition. Here’s an overview of the steps:

File a Petition: The interested party must file a petition for visitation with the Arizona family court. This petition must include a detailed visitation plan and reasons why the plan serves the child’s best interests.
Serve the Petition: The other parent must be served with the petition, providing them with the opportunity to agree to the terms or contest them.
Attend a Hearing: If the visitation rights are contested, a court hearing will be scheduled where both parties can present their arguments.

The court then reviews the petition, along with any evidence and testimony provided, to determine if visitation rights should be granted, always with the child’s best interests as the deciding factor.

How Are Visitation Schedules Determined in Arizona?

In Arizona, visitation schedules are tailored to suit the child’s best interests, considering various factors like parental circumstances and the child’s needs. Common examples of visitation schedules include:

Alternating Weekends: This schedule allows the non-custodial parent to have the child every other weekend, often from Friday evening to Sunday evening.
Split Weeks: In this arrangement, the child spends part of the week with one parent and the rest with the other, such as three days with one parent and four days with the other.
Extended Visits During School Breaks: Non-custodial parents may have longer visitation periods during summer vacations or other school breaks.
Holiday Rotation: Holidays and special occasions are often alternated between parents each year to allow both parents to share special moments.

These schedules can be modified to accommodate specific family dynamics and children’s needs

Thus ensuring that the arrangement remains in the child’s best interests as they grow and circumstances evolve.

Understanding Grandparent Visitation Rights

Grandparent visitation rights in Arizona are recognized under certain conditions, as outlined in Arizona Revised Statutes §25-409. Key aspects include:

Eligibility Criteria: Grandparents can petition for visitation if the parents are divorced, one or both parents are deceased, or the child was born out of wedlock.
Best Interests of the Child: The court must be convinced that granting visitation rights to the grandparents serves the child’s best interests.
Existing Relationship: The court considers the existing relationship between the grandparent and grandchild, including the historical bond and the potential positive impact on the child’s life.

These provisions acknowledge the important role grandparents can play in a child’s life, especially in maintaining family continuity and providing emotional support.

Challenges for Unmarried Fathers at the Time of the Child’s Birth

Unmarried fathers in Arizona face distinct challenges when seeking visitation rights. Key issues include:

Establishing Paternity: Essential for legal recognition, paternity can be established either voluntarily at the hospital or later through court proceedings, as per ARS §25-814.
Legal Hurdles: Without established paternity, an unmarried father has no automatic rights to custody or visitation, necessitating legal action to gain these rights.
Building a Relationship: Courts consider the father’s existing relationship with the child. Fathers with limited prior involvement may face additional scrutiny in proving their commitment to the child’s welfare.

These challenges often require legal assistance to ensure that the father’s rights are acknowledged while prioritizing the child’s best interests.

What Happens When Parents Can’t Come to an Agreement?

In Arizona, when parents are unable to agree on visitation matters, the situation often escalates to legal intervention. This involves several key steps and potential roles for legal paraprofessionals:

Court Involvement

Judicial Decision-Making: If mediation fails or is deemed inappropriate, the family court will make a decision. Judges consider all relevant factors, including each parent’s living situation, the child’s needs, and the child’s relationship with both parents.
Evidentiary Hearings: Sometimes, the court may hold evidentiary hearings where both parties present evidence and witness testimonies to support their positions on visitation.

Mediation as an Alternative

Neutral Mediation: Mediation is often the first step before court intervention. It’s a less adversarial process where a neutral third party helps parents find a mutually acceptable solution.
Focus on Collaboration: The goal is to facilitate a dialogue that leads to a workable visitation schedule, focusing on the child’s best interests while respecting each parent’s wishes.

Role of Legal Paraprofessionals

Preparing Legal Documents: Legal paraprofessionals assist in drafting and filing necessary court documents, such as petitions for visitation, responses, and affidavits.
Guidance on Legal Procedures: They provide information about the legal process, helping parents understand their rights and responsibilities and what to expect in court.
Support in Mediation: While they cannot represent clients in court, legal paraprofessionals can offer valuable assistance during mediation, helping to clarify legal terms and processes.
Advisory Role: They advise parents on best practices for presenting their case, such as organizing evidence and preparing for testimony.

When parents cannot reach an agreement on visitation, the family court or mediation process in Arizona aims to resolve the dispute by focusing on the child’s best interests.

Legal paraprofessionals play a significant support role, ensuring parents are well-equipped to navigate the complexities of this legal journey.

When Can You Deny Visitation Rights?

Denying visitation rights in Arizona is a serious matter, generally reserved for situations where the child’s well-being is at risk. Key circumstances include:

Risk to the Child’s Safety: If there is evidence that visitation with a parent could endanger the child’s physical, emotional, or mental health, visitation rights may be denied or restricted.
Violation of Court Orders: If a parent consistently violates court-ordered visitation schedules or custody agreements, their visitation rights may be reevaluated and potentially limited.
Substance Abuse or Criminal Activity: Demonstrable issues like substance abuse, criminal behavior, or involvement in activities detrimental to the child can lead to the denial of visitation rights.
Abandonment or Lack of Relationship: In cases where a parent has abandoned the child or has no established relationship, the court may deem visitation inappropriate.

It’s important to note that denying visitation rights is typically a last resort. The court usually explores all options, including supervised visitation or therapy, before deciding to deny visitation complete

By working with a certified legal paraprofessional from De Novo Law, you can have peace of mind knowing that you have an experienced advocate on your side, helping you navigate the challenging divorce process with a minor child in Arizona.

Legal paraprofessionals (LPs) at De Novo Law offer valuable assistance in family law matters, including visitation rights. Here’s how they can help:

Providing Legal Advice: Unlike paralegals, LPs can provide legal advice. They can guide clients through the complexities of visitation rights, offering insights into Arizona law and court processes.
Document Preparation and Filing: LPs are equipped to draft and file necessary legal documents, such as petitions for visitation rights, ensuring that all paperwork is accurately and effectively prepared.
Representation in Court: LPs at De Novo Law, like Stephanie Villalobos, can represent clients in court matters, providing an affordable alternative to hiring an attorney. They can argue on behalf of their clients, ensuring that their rights and interests are well-represented.
Affordable Legal Services: By offering legal services at more affordable rates, LPs make legal representation more accessible to a broader range of individuals, ensuring that more parents can pursue their visitation rights without financial strain.
Expertise in Family Law: As experienced professionals in family law, LPs have a deep understanding of the nuances involved in visitation rights cases. Their expertise is crucial in navigating the legal system and achieving favorable outcomes for clients.

To discuss your concerns, contact De Novo Law for a free one-on-one consultation at (480) 725-2200

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

CONTACT US

Contact De Novo Law at any time to setup a free one-on-one consultation so we can discuss your concerns.

Tags child custody, divorce, divorce proceedings, grandparents rights, legal paraprofessional, step-children, visitation rights

De Novo Law Blog

2023 Guide to Filing for a Divorce with Minor Children in Arizona

Divorce with a Minor Child in AZ – How a Paraprofessional Can Help

Divorce is never an easy process, especially when it involves children.

As parents, your top priority is the welfare and happiness of your children, and navigating the complexities of divorce with a minor child can be challenging and emotional.

At De Novo Law, our licensed legal paraprofessionals specialize in Arizona divorce and family law, and we are here to help you through this challenging time in Phoenix, Arizona.

We have the expertise, compassion, and dedication to guide you through the divorce decree process and ensure your children are well cared for.

In the state of Arizona, some specific laws and procedures govern divorce with minor children, such as to be eligible to file a petition for dissolution of marriage, you or your spouse must have lived in Arizona for at least 90 days.

These laws are designed to protect the child’s best interests and ensure that both parents have a fair chance at custody and parenting time.

We will cover the following topics:

Arizona Revised Statutes Governing Divorce with Children
Understanding Custody and Parenting Time
Parenting Time Decisions
Uncontested vs. Contested Divorce
Child Support in Arizona
The Role of a Legal Paraprofessional in Divorce with a Minor Child

According to recent statistics from the Arizona Department of Health Services, there were approximately 23,000 divorces in Arizona in 2019.

Of those divorces, approximately 12,000 involved children under 18 years old.

These numbers highlight the importance of having a knowledgeable and experienced legal paraprofessional on your side during a divorce with a minor child.

Arizona Revised Statutes Governing Divorce with Children Involved

The state of Arizona has a comprehensive set of laws known as the Arizona Revised Statutes (ARS), which along with the Arizona Supreme Court, govern filing for divorce cases involving children.

Some of the key statutes include:

ARS 25-312(1): This statute requires that either spouse is required to be an Arizona resident for a minimum of 90 days.
ARS 25-402: This statute defines the different types of custody in Arizona, including legal decision-making authority and parenting time.
ARS 25-403: This statute outlines the factors courts consider when determining the best interests of the child in custody cases.
ARS 25-403.01: This statute provides guidelines on joint custody and
the development of parenting plans.
ARS 25-403.08: This statute discusses how to modify custody orders in the event of changed circumstances.
ARS 25-501: This statute establishes the child support guidelines in Arizona, including the obligation of both parents to provide financial support and what they need to pay.

Understanding these statutes and their implications is essential for getting a divorce with a minor child in Arizona.

A legal paraprofessional from De Novo Law can help you understand your rights and responsibilities under these laws and ensure that your child’s best interests are protected.

Understanding Child Custody and Parenting Time

In Arizona, child custody encompasses legal decision-making authority and parenting time.

Legal decision-making authority refers to the right and responsibility to make important decisions about a child’s upbringing, such as education, healthcare, and religious upbringing.

Parenting time and custody, on the other hand, refers to the physical custody of the child and the time each parent spends with the child.

Types of Legal Decision-Making Authority

Arizona courts can award either sole or joint legal decision-making rights, depending on the circumstances of the case:

Sole Legal Decision-Making Authority: One parent is granted the exclusive right to make significant decisions regarding the child’s upbringing. The other parent, while still having parenting time, does not have the same
decision-making authority.
Joint Legal Decision-Making Authority: Both parents share the right and responsibility to make important decisions about the child’s upbringing. This arrangement requires a high level of cooperation and communication between the parents.

Parenting Time Arrangements

Parenting time arrangements and visitation can vary greatly depending on the child’s needs and the family’s specific circumstances.

Some standard arrangements include:

Equal Parenting Time: Both parents share parenting time equally or as close to equal as possible. This arrangement typically works best when both parents live close to each other and can maintain a cooperative relationship.
Primary and Secondary Parenting Time: One parent is designated as the primary caregiver, with the child spending most of their time with that parent. The other parent, designated as the secondary caregiver, regularly schedules time with the child.
Supervised Parenting Time: In cases where a parent’s ability to care for the child is questioned, the court may order supervised parenting time. This requires the presence of a third party during the parent’s time with the child to ensure the child’s safety and well-being.

Factors Considered in Determining Custody and Parenting Time

When determining custody and parenting time, Arizona courts consider what is best for the children, taking into account factors such as:

The child’s relationship with each parent
The child’s adjustment to home, school, and community
The mental and physical health of all individuals involved
Each parent’s ability to provide a stable, loving, and nurturing
environment
The child’s wishes, if they are of an appropriate age and maturity level
The willingness of each parent to foster a positive relationship between the child and the other parent

Developing a Parenting Plan

In cases where joint legal decision-making authority is awarded, the parents must create a parenting plan that outlines the specifics regarding custody of children and parenting time arrangements.

The plan should address the following:

A schedule for parenting time, including holidays, vacations, and special occasions
A method for making important decisions about the child’s upbringing
A process for resolving disputes related to the child’s care
Provisions for reviewing and modifying the parenting plan as needed

A legal paraprofessional from De Novo Law can help you understand the various aspects of custody and parenting time, develop a comprehensive parenting plan, and advocate for your interests in court proceedings.

Uncontested Divorce with Minor Children vs. Contested Divorce in Arizona

Divorces in Arizona can be either uncontested or contested, depending on whether the parties can agree on key issues such as custody, parenting time, and child support.

In an Uncontested Divorce, each spouse must agree on all aspects of the divorce, including the division of assets, marital property and debts, spousal support, and parenting arrangements.

This type of divorce typically results in a faster, less expensive, and less adversarial process.

Fictional Scenarios of an Uncontested Divorce.

Example 1: Sarah is a 35-year-old mother of two children living in Tempe, just outside Phoenix. She works as a high school teacher and has an amicable relationship with her soon-to-be ex-husband, Tom.

Sarah and Tom want to keep the divorce process as smooth and stress-free as possible for their children.

They aim to agree on all aspects of their divorce, including custody and child support, without needing court intervention.

Example 2: Mike, a 42-year-old father of one, lives in Scottsdale.

He runs a small business and has decided to end his marriage of 12 years with his wife, Emily.

Mike and Emily want to avoid a prolonged and expensive legal battle.

Their goal is to negotiate the terms of their divorce, including child custody and support, cooperatively and avoid unnecessary conflict.

In a Contested Divorce, however, the spouses cannot agree on one or more issues regarding the children or other areas.

The court must intervene to make determinations on their behalf.

Contested divorces with children involved can be more complex, time-consuming, and costly.

They may involve court hearings, mediation, or even a trial to resolve disputes related to the children’s best interests.

Fictional Scenarios of a Contested Divorce with Minor Children.

Example 1: Jennifer, a 28-year-old mother of a young child, lives in Chandler.

She is a stay-at-home mom with a strained relationship with her husband, Daniel, who has a demanding career.

Jennifer and Daniel cannot agree on custody, parenting time arrangements, or the division of marital
assets.

She aims to assert her rights and achieve a fair outcome in the divorce process, ensuring her child’s best interests are protected.

Example 2: Steven, a 45-year-old father of three, lives in Glendale. He is a police officer and has been married for 20 years to his wife, Laura.

Steven and Laura have deep-rooted disagreements regarding child custody, support, and the division of their marital property.

Steven’s goal is to protect his rights and achieve a fair resolution in the divorce process that addresses the best interests of his children.

A legal paraprofessional from De Novo Law can help you understand the differences between uncontested and contested divorces, guide you through the necessary steps, and advocate for your interests in negotiations or court proceedings to help finalize a dissolution of marriage.

Arizona Child Support Laws

In Arizona, both parents are required to provide financial support for their children.

The state has established child support guidelines, which consider factors such as each parent’s income, the number of children, and the amount of parenting time each parent has.

These guidelines help ensure that child support payments are fair and appropriate for each family’s unique circumstances.

The non-custodial parent typically pays child support to the custodial parent to assist with the costs of raising the child, such as housing, food, clothing, education, insurance coverage, and medical expenses.

It is important to note that child support payments are separate from spousal maintenance (alimony) and are specifically intended for the child’s needs.

Fictional Scenarios of a Child Support.

Example 1: Olivia, a 29-year-old mother of a young child, lives in Gilbert. She is a part-time retail employee and struggles to make ends meet.

Olivia needs to ensure that her child’s father, Nathan, fulfills his financial obligations to their child after the divorce.

Her goal is to establish an appropriate child support arrangement that takes into account both parents’ incomes and their
child’s needs.

Example 2: Jason, a 36-year-old father of two, lives in Surprise. He works as a construction worker and is concerned about his ability to financially support his children after the divorce.

The challenge is that Jason wants to ensure that his child support payments are fair and consider the financial circumstances of both him and his ex-wife, Jessica.

He wants to work with a legal paraprofessional who can help him through Arizona’s child support guidelines and establish an equitable child support arrangement that reflects both parents’ financial situations and their children’s needs.

A legal paraprofessional from De Novo Law can help you understand Arizona’s child support guidelines and calculate appropriate support payments that ensure that the support order is properly enforced.

The Role of a Legal Paraprofessional in Divorce with Minor Children

A licensed legal paraprofessional from De Novo Law can provide invaluable support and guidance throughout the divorce process, particularly when minor children are involved.

They can help you navigate the complexities of Arizona family laws, advocate for your interests, and ensure that your child’s
best interests are protected.

Some of the ways a legal paraprofessional can assist you include:

More affordable than traditional attorney’s fees at a family law firm
Explaining your rights and responsibilities under statewide Arizona law
Assisting with the preparation and filing of necessary documents and forms
Advising on custody, parenting time, and child support arrangements
Representing your interests in negotiations, mediation, or court hearings
Ensuring that custody and support orders are adequately enforced and modified when necessary

If you are filing for a divorce with minor children in Arizona, contact De Novo Law today at (480) 725-2200 to schedule a free consultation.

Our legal paraprofessional can provide the support, guidance, and advocacy you need to protect your child’s best interests throughout the divorce process.

With over 30 years of experience and dedication, licensed legal
paraprofessional Stephanie Villalobos can help you navigate this difficult time and secure a brighter future for you and your children.

We are here to help you through this challenging time to ensure that your rights and interests are protected.

Affordable and Experienced Family Law Legal Services
Schedule an Appointment Today!

Call Us Now to Speak with a Legal Paraprofessional
(480) 725-2200

De Novo Law, LLC
4140 E. Baseline Rd.,
Suite 101
Mesa, AZ 85206

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Tags child custody, child support, divorce case, divorce decree, legal paraprofessional, parenting time