Divorce Law Firm in Glendale, Phoenix & Mesa
An Experienced Divorce Law Firm Can Help
If you need legal assistance with a divorce, high conflict child custody, spousal maintenance (alimony), child relocation or other family law dispute, our experienced divorce attorneys can help. The Sampair Group has offices in Glendale, Phoenix and Mesa. Contact our law firm for a free consultation today.
The Sampair Group also represents individuals throughout Arizona in the following areas (but not limited to): Tempe, Glendale, Chandler, Gilbert and Suprise, AZ.
Patrick Sampair of the firm actively provides advice for those in need of answers to legal questions in divorce, custody battles, and family law through the “expert advice” website, Avvo.com. Our firm’s clients have provided 5-star reviews on Avvo due to the professionalism, knowledge, and overall excellent experience that Patrick offers to any family law case. With the reviews from Patrick’s many satisfied clients, Avvo.con has awarded Patrick Sampair as the featured attorney, Avvo Clients’ Choice, as well as an Avvo Top Contributor.
Arizona Family Law Overview
The law firm of The Sampair Group assists individuals in a range of complex family law disputes, including:
Generally, Arizona is a no-fault divorce state, meaning that a marriage may be dissolved because it is “irretrievably broken.” No other cause for divorce, for example infidelity, is allowed by the Courts.
A divorce action is commenced by the filing of a Petition for dissolution. Once the Petition for Dissolution of Marriage and other required forms are filed with the Court, they must be served to the other spouse. There is a 60 day statutory waiting period between the time the non-filing spouse is served with the Petition and the time that the Court may enter the Final Dissolution of Marriage decree, legally dissolving the marriage.
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An Uncontested Divorce (sometimes called a Default Divorce) occurs when the initiating party, the Petitioner, files for Divorce and the other party, the Respondent, does not file a Response to the case. This allows the Decree of Dissolution of Marriage (Divorce Decree) to be entered by default. In a default Divorce, the court will enter a Decree of Dissolution of Marriage and the terms of that Decree will be those terms stated in the Petition for Dissolution because the Respondent does not formally “object,” by filing a timely Response with the court. The easiest and least expensive way to get divorced in Arizona is an Uncontested or Default Divorce. This process does not require that the parties are in agreement, only that the Respondent does not file a Response with the Court. Most Uncontested or Default Divorces take about 75 to 90 days from the day the Respondent first receives his or her Divorce Papers.
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Covenant Marriage Divorce
Arizona also has a special form of marriage, called a “Covenant Marriage,” which can only be broken for grounds specified by statute, such as mutual agreement of the parties, adultery, abuse, abandonment, or after living apart for 1 year. Very few marriages in Arizona are “Covenant Marriages.” In order to have a Covenant Marriage, the parties must have entered into a written contract for marriage (described as a “Covenant”) prior to marriage and would have obtained a special Covenant Marriage License.
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Arizona also recognizes legal separation. A legal separation may be commenced by the filing of a Petition for Legal Separation. However, once the Petition for Legal Separation is filed with the Court, prior to the Court signing the Decree of Legal Separation, either party may convert the Legal Separation action to a Divorce action simply by notifying the Court, that the party wants a divorce instead of a Legal Separation. An action for Legal Separation works exactly like a Divorce action. Legal Separation can include orders regarding child custody and visitation, child support, spousal maintenance (alimony), and the disposition of property.
After the entry of a Decree of Legal Separation, if either party wants a divorce, that party must commence a new action by filing a Petition for Dissolution. The court in the divorce action is bound by the division of property and debts set forth in the decree of Legal Separation. However issues of support and spousal maintenance may be reviewed in the divorce action.
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An annulment action asks the Court to treat the marriage as if it never existed because, at the time of the marriage, circumstances existed which rendered it legally void. The length of the marriage is not grounds for an annulment. Even if the marriage is declared to be void, however, a Court may still need to enter orders regarding child custody, child support, spousal support, division of property, or any other relevant issues.
Mother's and Father's Rights Regarding Minor Children
In Arizona, by statute, the Court makes no distinction between the rights of a mother and the rights of a father as to the minor children. In other words, men and women have the same parenting rights. There is no presumption as to which parent should be the custodial parent of the minor children. As discussed below, the court must consider a number of factors in determining the custodial parent of the minor children and the parenting time for the minor children.
Child Custody is governed by statute in Arizona. There are two types of legal custody:
Joint Legal Custody and Sole Legal Custody. Both types of custody referrer primarily to the rights of the parents to make major decisions in their children’s lives. Neither designation as any impact upon the amount of time the children spend with either parent. That issue is referred to as “parenting time.”
In cases where there are two fit parents, the Court will normally order Joint Legal Custody. In some cases, where there is a history of significant domestic violence, drug or alcohol abuse, mental illness or an absentee parent, the Court may find that it is in the children’s best interest for one parent to be awarded Sole Legal Custody of the children.
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Today, the time that the children spend with each parent is called Parenting Time. In the past, Parenting Time has been called by many names, including “Visitation” and “Physical Custody.” The Parenting Plan is often agreed to between the parties. However, absent an agreement of both parents, the Parenting Plan is determined by the Judge in each case.
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In Arizona, all property and debt acquired during the marriage is generally considered community property. This can include assets, debts, pension benefits, and retirement accounts. Property and debts acquired prior to the marriage or inherited and not “comingled” with community assets do not usually become a part of the “community.”
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Spousal Maintenance (Alimony or Spousal Support)
In Arizona, alimony or spousal support is referred to as “spousal maintenance,” and may be awarded to either spouse. The court must first decide if the requesting spouse is entitled to an award of spousal maintenance. The Court considers any one of four factors to determine if the requesting spouse is even entitled to an award of spousal maintenance. Thereafter the Court determines how much spousal maintenance should be awarded and for how long.
In determining the amount of spousal maintenance to be awarded, the Court considers factors such as: the financial resources of the spouse seeking maintenance; the standard of living established during the marriage; the duration of the marriage; and the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance and other factors set forth in the statute.
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A Paternity Case is often filed in cases where the parents were never married but are the parents of minor children. Generally, a Paternity Case addresses 4 issues: (1) Paternity, (2) Custody, (3) Parenting Time and (4) Child Support.
Arizona law requires that, in those cases where a custody and parenting time order already exists, in order for one parent to relocate the minor children more than 100 miles from the current home of the child, that parent must first give the other person 60 days notice of their intention to relocate the minor child. The other parent then has 30 days to file an objection and ask the court to block the relocation of the minor children. Relocation case are often complex and the burden is on the parent wanting to relocate the children, to convince the Court that the relocation is in the minor children’s best interest. Relocation will often mean that the children’s access to their other parent will be restricted by the long distance.
Mediation involves the use of a neutral third party to help divorcing spouses come to mutually agreeable terms regarding child custody and parenting time arrangements, child support, spousal maintenance, property and debt division, and any other issues that must be resolved in order to complete the dissolution or legal separation. Mediation is usually more efficient and cost-effective than litigating disputes through the Court, and can help the parties produce a separation agreement that can then be filed in an uncontested divorce proceeding. By facilitating mutually agreeable arrangements and reducing the overall time of the proceedings, this process can also reduce the emotional stress faced by both spouses and their children.
Temporary & Emergency Orders
In many cases, Temporary or even Emergency Orders may be necessary. These Orders are generally issued to provide temporary custody in parenting time orders and support in debt payments until the court can hear all of the evidence at a final trial in the case or the parties can otherwise settle the case between themselves. Temporary Orders can include temporary custody, parenting time/visitation, child support, spousal support, use of community assets such as the community home, vehicles, businesses, etc. Temporary Orders can also be used to address disclosure or production of documents and “things.” Drug or alcohol testing may also be requested at a Temporary Order hearing. In cases where there is immediate threat to life or property, Emergency Orders may be able to be issued.
Those persons who do not seek Temporary Orders frequently have problems seeing their children, obtaining child support and/or spousal maintenance that they may be entitled to. Seek temporary orders immediately if appropriate.
A person who has been a victim of domestic violence may ask the Court to issue an Order of Protection. An Order of Protection should only be used where there is an act of domestic violence against the person seeking the Order. Orders of Protection are supposed to protect those persons subjected to abuse.
