Family Law FAQs

WHAT IS CONCILIATION SERVICES?

The State of Arizona offers Conciliation services free of charge through the Superior Court system. This process can be used by either party in an attempt to reconcile. Conciliation Services can also assist in mediating child custody and visitation issues. Mediation is an attempt to get the parties to agree to a custody plan and visitation schedule.

WHAT SHOULD I DO IF I AM A VICTIM OF DOMESTIC VIOLENCE?

If your spouse has been physically abusive to you, you should obtain an Order of Protection from the Court before or after filing for a divorce. If there is an immediate threat of danger to you or your child, you should contact the police.

WHEN DOES THE COMMUNITY TERMINATE?

On the date you or your spouse is served with divorce papers (or the date one party accepts service), the community legally ends. Any property or debt acquired after the date of service is the separate property or debt of the person who acquired it.

WHAT ARE THE RESIDENCE REQUIREMENTS?

The residency requirement is that at least one of the parties (not necessarily both) have lived in the State of Arizona for at least ninety (90) days prior to filing the divorce action. If custody of a common child is at issue, usually the child must have been in the State of Arizona for the six months preceding any filing (there are exceptions).

IS THERE A WAITING PERIOD?

A divorce cannot be granted until at least 60 days have passed since you or your spouse has been served with the Petition. This is a minimum period of time. In most cases, uncontested matters are actually completed three to four months after service. Contested matters can take from 6 months to 2 years depending on the complexity of the case and the court's calendar. The waiting period is a good time to work out the details of custody, visitation, support and property/debt division.

HOW DOES THE COURT DETERMINE CHILD SUPPORT?

Child Support Guidelines have been prepared for the State of Arizona which apportion child support based on the gross incomes of both parents. In general, your monthly expenses such as debts, house payments and car payments are not taken into consideration in awarding child support. Adjustments are made for the cost of supporting children from other relationships, child care, health insurance and parenting time.

HOW DOES THE COURT DETERMINE CUSTODY?

There is no legal presumption in Arizona favoring either parent or in favor of joint custody versus sole custody. Each case is ideally determined on its own merits. There are two types of joint custody, "joint legal" and "joint physical" custody. Joint legal custody means that both parents have decision-making authority. Sole custody means that one parent has the final decision-making authority. The "primary residential or custodial parent" generally has the children more of the time, subject to visitation by the other parent. Joint physical custody means an almost 50-50 division of the children's time. In either type of joint custody, the parents are expected to communicate and confer regarding major decisions about the children, such as education, child care, medical and religious decisions.

WHAT IS VISITATION (PARENTING TIME)?

In Arizona, visitation is referred to as parenting time. If you and your spouse can come to an agreement as to the details of your parenting time plan (the schedule of days and times that each will have the children), the court will usually approve the plan.

HOW MUCH ARE ATTORNEYS' FEES?

The exact fee for your case depends upon the services you require from the attorney. If there are any contested issues or disputes on any issues, the fee will be higher than uncontested matters. The more contentious things are between you and your spouse, the more expensive the case will be and the longer it will take to finalize. More work is also required where issues are complex, where experts must be consulted, and where depositions and discovery are extensive.

HOW DOES THE COURT ALLOCATE DEBTS?

Customarily, married people have debts that they have acquired together during the course of the marriage. If you or your spouse still have debts which were incurred before you were married, those debts will generally be the separate debt of the spouse who created them. It is important to be aware that the way you and your spouse choose to divide your joint debts (i.e. in who's name the debt is carried) is not binding on the person or place to whom you owe the debt.

HOW DOES THE COURT DIVIDE PROPERTY?

Arizona law provides that the division should be "equitable" , which usually means about equal. Other factors include whether or not property is community or sole and separate in nature. If you and your spouse can agree on this division, the Court will usually approve your written agreement. If you cannot agree, the Court will divide your property and debts for you at the time of trial.

WHAT IS SPOUSAL MAINTENANCE (ALIMONY)?

In Arizona, either spouse may be awarded spousal maintenance (alimony) for a period following the divorce if that spouse meets certain criteria. The criteria includes the spouse's earning history, whether or not the spouse stays home with an infant, and the length of the marriage, the age of the spouse, etc. Spousal maintenance is taxable to the receiving spouse paid and the payor can deduct it from taxable income.

CAN I GET TEMPORARY RELIEF?

If you and your spouse have not agreed to the children's custody and visitation on a temporary basis (until the divorce is final), or have not agreed who will continue to make payments for the family's basic needs and payments of debts, you may need temporary orders. Temporary Orders stay in effect while divorce is pending. A short hearing is held to determine with orders are necessary.

WHAT IS AN ANNULMENT?

A legal annulment is a different than an annulment granted by a Catholic or other church. In Arizona, the only grounds for a legal annulment are that the marriage is null and void due to some impediment that prevented a valid marriage from taking place. In general, the grounds for annulment are difficult to show except in very specific, narrow circumstances.

What is a Covenant Marriage and do I have one?

Beginning in 1998, people getting married had the option of entering into a Covenant Marriage. (If you were married prior to August, 1998, you do NOT have a covenant marriage.) To enter into a covenant marriage, premarital counseling is required, and the parties sign a special declaration declaring that they have chosen a covenant marriage. When a covenant marriage is chosen, a divorce may be granted only after certain conditions are met. Those conditions include:

• one party committing adultery
• one party being convicted of a felony
• physical or sexual abuse by one spouse against the other, or against a child of the parties
• abandonment of the home by one spouse for at least one year
• separation of the parties for at least two years
• regular abuse of drugs or alcohol by one spouse
• or that both parties agree to the divorce