Family Law

Hello and welcome to yourbestlawyer.com. This video is for divorce cases with children. First let’s look at a couple of concepts. Generally, when 2 people get married, in the eyes of the law, they have entered into a contractual relationship. For a typical marriage to be valid, the following four requirements need to be met:

• First, the marriage must not be result of bigamy, meaning neither spouse can legally be married to someone else.
• Second, the spouses cannot be related to one another, incest is illegal.
• Third, both spouses must have the mental understanding to the consequences and obligations of a marriage.
• Fourth and finally, both parties need to be of legal age, or have permission from a guardian or parent.

Unlike an ordinary contract, once a marriage is created, a marriage contract cannot be modified or terminated, unilaterally, by one party, or bilateral, by both spouses, without the consent of the state. The terms and obligations of a marriage are governed by the laws of the state where the marriage was entered.

There are other concepts of non-traditional marriage also recognized in different jurisdictions, such as same sex marriage, common law marriage, putative marriage, and proxy marriage.

When a couple decides to terminate a legal, consummated marriage, an annulment may not be an option, but they are entitled to a divorce. In Arizona, divorces are a “no-fault” divorce, this means that the Court does not require either party to have a reason for the divorce. In Arizona, the reason for the divorce is not relevant.

ALTERNATIVES TO DIVORCE

Some married couples may find themselves uncertain about whether they want to pursue a divorce. Typically, individuals may resist legal divorce due to religious beliefs or other personal reasons. In such cases where divorce is not deemed suitable, an alternative option could be to pursue a legal separation. If you find yourself in this situation, we recommend watching the legal separation video for further guidance.

CHILD CUSTODY

Whether you choose a divorce or legal separation, if there are minor children involved, the court typically issues orders related to child custody alongside the divorce orders. This is done to ensure the well-being of the children while safeguarding the parental rights of both parents. Custody matters are inherently delicate, given that the impact of divorce on children can manifest in various ways, often resulting in emotional, economic, and social consequences.

Consequently, when negotiating custody arrangements in Arizona, two fundamental aspects are addressed: legal decision-making and parenting time. Legal decision-making involves the right to make crucial decisions regarding children, such as those related to medical, education, and religious upbringing. This authority can be either granted solely to one parent, referred to as sole legal decision-making, or granted jointly to both parents, known as joint legal decision-making.

With respect to parenting time, formerly known as visitation, pertains to the children’s schedule of time spent with each parent. Depending on the negotiations your attorney is able to work out for you, the court will determine a parenting time schedule, including holidays and vacation time, which is determined to be in the children’s best interests. The Court may award equal parenting time or may award one parent more time than the other depending on the circumstances. The specific allocation of time spent with each parent will be outlined in the court's ruling.

The court's custody determinations in Arizona are guided by numerous factors, with the paramount consideration being the best interests of the children. According to Arizona Revised Statute 25-403, several key considerations must be considered during this process:

• First, the past, present, and potential future relationship between the parent and the child is a crucial factor. Additionally, the interaction and interrelationship of the child with their parents, siblings, and other significant individuals affecting the child's best interests are evaluated. The child's adjustment to their home, school, and community is also taken into consideration.
• Furthermore, if the child is of a suitable age and maturity, their wishes regarding legal decision-making and parenting time are considered. The mental and physical health of all individuals involved, along with the likelihood of a parent allowing the child frequent, meaningful, and continuing contact with the other parent, is assessed. However, this consideration does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing or being a victim of domestic violence or child abuse.
• Other factors include whether one parent intentionally misled the court, whether there has been domestic violence or child abuse, the nature and extent of coercion or duress used by a parent, compliance with relevant legal provisions, and any conviction of false reporting of child abuse or neglect.

In contested legal decision-making or parenting time cases, the court is mandated to make specific findings on the record regarding all relevant factors and the reasons justifying the decision in the best interests of the child.

CHILD SUPPORT

In Arizona, child support is determined through the Arizona Child Support Guidelines, which utilizes a formula using several key factors.

The factors include the gross income of both parents, the amount of parenting time of each parent, the number of children for whom support is being calculated and whether they are over 12 years of age, costs for childcare, health insurance premiums, the number of other children the parents have a legal obligation to support and/or other child support obligations actually being paid by the parents as well as extraordinary expenses associated with special needs and/or gifted children.

Adjustments may apply if the combined gross income exceeds a certain threshold or due to unique circumstances. It's essential to recognize that the specific child support amount can vary based on individual situations, with the court using these guidelines as a foundation.

Courts can deviate from the Guidelines if it's deemed to be in the child's best interests. Child support orders are subject to modification in the event of a significant change in circumstances such as income, parenting time or the child's needs.

SPOUSAL SUPPORT

In Arizona, spousal support, or spousal maintenance, is determined through a combination of statutory guidelines and specific factors considered by the court. To be eligible for spousal support, one spouse must demonstrate a lack of sufficient property or resources to meet their reasonable needs, considering the marital standard of living, and an inability to achieve self-sufficiency through employment. Arizona law provides a formula for calculating the amount and duration of spousal support, based on the marriage's duration and the income of both spouses. However, the court also considers additional factors, including the standard of living during the marriage, the financial resources of each spouse, the potential for self-sufficiency, and contributions to education or career advancement. Spousal support can be temporary or permanent, subject to modification in cases of substantial changes in circumstances. Spouses can also negotiate their spousal support arrangement as part of a divorce settlement, subject to court review for fairness.

COMMUNITY PROPERTY AND COMMUNITY DEBTS / SEPARATION OF ASSETS

In Arizona, asset division in divorce proceedings adheres to the "community property" principle, which entails that property and debts acquired during the marriage are typically deemed community property and divided essentially equally between spouses unless there are compelling reasons to deviate from this equal split.

Most assets and debts accrued during the marriage fall under this community property category, encompassing income, real estate, vehicles, bank accounts, retirement accounts and other assets. Property either spouse owned before the marriage or received through gift or inheritance is generally classified as sole and separate property and is generally not subject to equal division.

While the community property guideline is prevalent, the court may diverge from a 50-50 division if just and reasonable factors necessitate it, considering variables such as income disparities, marriage duration, and each spouse's financial contributions. Ensuring accurate asset valuation is crucial to achieving a fair distribution of community assets.

Debt division mirrors asset division, typically resulting in the court entering orders for an equal split of community debts, barring valid reasons for unequal distribution.

The spouses can craft a property settlement agreement to specify their desired asset and debt allocation. The Property Agreement would be subject to court scrutiny for fairness.

In alternative, if the spouses are unable to reach an agreement, the court will enter a final order dividing all assets and debts of the parties by evaluating pertinent factors.

LEGAL FEES

Legal fees can be covered through three distinct methods. First, a flat fee arrangement is commonly employed in criminal law cases. Second, a contingency fee structure is often utilized for personal injury cases, where the attorney's compensation is a pre-negotiated percentage derived from the client's settlement.

However, in family law and other civil matters, a prevailing approach involves an advanced retainer for legal fees. This retainer serves as an upfront payment from the client to the attorney or law firm, ensuring financial security and guaranteeing compensation for legal services. Typically, the retainer is deposited into a designated trust account, from which the attorney deducts fees as services are provided. The retainer is replenished as needed during the case, establishing transparency and a structured billing system that assures clients their attorney has the necessary funds. Importantly, the retainer should not be confused with a final fee; instead, it functions as a prepaid amount against which the attorney bills for ongoing services. This system not only fosters clear financial expectations but also benefits both clients and lawyers by simplifying the financial aspect of legal representation. Additionally, any court costs, such as the current $349.00 filing fee for a petition of dissolution of marriage (divorce), are typically deducted from the advance retainer.

Below, we detail three options based on your finances. Our first option connects you with skilled family law attorneys with a minimum of 2 years of experience, providing affordable solutions. These professionals offer a cost-effective entry point, with rates starting at $2,500.00 to $5,500.00 for the advance retainer. Their hourly fees range from $150.00 to $215.00, ensuring quality legal support within your budget. Should you deplete the retainer, it's easily replenished.

Our second option is for when you require an elevated level of expertise, exposure, and trial proficiency. Seasoned attorneys with 6 to 10 years of family law experience are ready to champion your cause. Rates start from $5,500.00 to $9,500.00 as an advance retainer, with hourly fees ranging between $250.00 and $375.00, granting you access to a wealth of legal knowledge and skills. You also have the unique ability to set your preferred advance retainer and hourly fee, inviting attorneys to respond with tailored offers and giving you control over your legal costs.

For those seeking unparalleled legal excellence, our top-notch attorneys step into the spotlight. With a minimum of 10 years in practice, including Board Certified Specialists in Family Law recognized by the Arizona State Bar, these legal virtuosos excel when facing complex challenges. Premium fees range from $10,000.00 to $20,000.00 as an advance retainer and hourly fees ranging from $375.00 per hour to $500.00 per hour.

Your choice of legal counsel is a significant decision, and our three distinct options ensure you find the right fit for your unique circumstances, from cost-effective solutions to top-tier representation.

We trust you've gained more knowledge and will make the best decision from the available lawyer options. Each attorney, from novice to experts, aims to obtain the best possible result with the least exposure possible. Best of luck, and may you have a great experience using our platform!

Credit for this script:

• Author: Felix Martinez
• Paralegal that checked for accuracy: Rosie Vasquez
• Attorney that checked for correct information and to make sure there was no legal advice given: Otilia Diaz