Do I need an attorney?
If you have a leaky faucet can you repair it quickly and correctly? Do you know which parts to get? Do you have the right tools? Will you have to watch a DIY video beforehand or can you just jump right in? How much damage will you cause if you don’t get it right the first time and have to keep changing the parts over and over?
I know that it may not seem that I am addressing the question and I certainly do not equate your life or what you are going through to a leaky faucet.
Nearly 10 years of experience as a Family Law Attorney enables me to anticipate the questions that the court and opposing counsel will ask. I have experience that I can apply to your case. If you want to have a professional with the necessary knowledge, tools, and time handle your case, then please give me a call so that I can start fixing your situation.
How much will this cost?
I will discuss options with you during the initial consultation. It may be that your case lends itself to limited-scope representation, traditional hourly billing or a flat rate. I will let you know at the time of the phone consultation.
Is there a residency requirement for filing for divorce in Arizona?
You or your spouse needs to have resided in Arizona 90 days before filing a Petition for Dissolution. If children are involved, they need to have resided in Arizona for 6 months prior to the filing of the Petition for Dissolution otherwise the court will not enter any orders regarding legal decision-making, parenting time or child support.
How long is the divorce process?
It depends. If you and the other party agree and want to submit a Consent Decree to the court then you will be allowed to submit the Consent Decree on the 61st day after the Respondent was served.
If you serve the other party and there is no Response filed, you will be allowed to proceed by Default. The number of days that you then have to wait to proceed from the date that the Response was due will depend on whether service was to someone in-state, out-of-state or if service was by publication.
If you and the other party disagree it can take several months depending on the issues involved and whether there is a need for a Motion for Temporary Orders to be filed with the court as well as the Petition for Dissolution.
Does sole legal decision-making authority allow me to change parenting time?
Not unless you have a court order that allows for a change in the parenting plan or if the other parent agrees in writing and you submit a stipulation to the court.
When can I change our parenting plan?
Typically, you must wait 12 months before filing a motion with the court to change a parenting plan. However, there are exceptions.
At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order.
Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order.
Does shared legal decision-making entail equal parenting time?
No, there are various parenting plans that can be ordered by the court or agreed upon by the parties and submitted to the court as a stipulation that is then adopted by the court when there is shared legal decision-making.
I never married the mother of my children, and she wants to leave the state. What can I do?
It depends on whether you filed a petition with the court before she left. Call to discuss what avenues are available to you.
Can I ask for a child support payment to be modified based on my new job?
Any order for child support may be modified or terminated on a showing of changed circumstance that is substantial and continuing, except as to any amount that may have accrued as an arrearage before the date of notice of the motion or order to show cause to modify or terminate.
There is also a way to request a “Simplified Modification” if the amount of the order will result in a change of 15% or more.
The other parent is not paying child support. What do I do?
Depending on the amount of time that child support has gone unpaid, whether the other party owns property that can be levied, whether the other party has failed to follow a court order to appear at a specific time and place, there are various sanctions that may be used by the court. Please call to discuss your circumstances and how I may be able to assist.