Family Law Overview

At Sampair & Associates, P.C., we assist families in a range of complex family law disputes, including: 

Divorce

Generally, Arizona allows no-fault divorces, meaning that a marriage may be dissolved because it is “irretrievably broken.”  Arizona also has a special form of marriage, called a “Covenant Marriage,” which can only be broken for grounds specified by statute, such as adultery, abuse, and abandonment.

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.  However, the total amount of time it takes to complete divorce proceedings can vary greatly depending upon the specific facts of each case.

Uncontested Divorce

A divorce is uncontested when both spouses agree to the dissolution of the marriage, along with other issues related to division of communal property and debts, child and spousal support, and child custody and visitation arrangements.  In such instances, the spouses may file a separation agreement with the Court setting forth their agreed-upon terms.  If the Court finds the terms to be fair, and in the best interests of any children involved, it will set them forth in the Final Dissolution of Marriage decree.

Legal Separation

Arizona also recognizes legal separation.  A legal separation may be obtained based on the same grounds as dissolution of marriage, so long as both parties agree to the separation.  If one spouse objects to the separation, the action will be converted by the Court to an action for dissolution.  A Decree of Legal Separation can also include orders regarding child custody and visitation, child support, spousal maintenance (alimony), and the disposition of property.

Annulment

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.  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.

Community Property

In Arizona, property acquired during the marriage is generally considered community property. This can include assets, debts, pension benefits, and retirement accounts.  Property disputes are usually settled between the spouses by agreement, but if not, the Court will divide the community property equitably, though not necessarily equally.

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 may consider a number of factors in deciding whether to award spousal maintenance, including if the spouse seeking maintenance lacks sufficient property to provide for his/her reasonable needs and whether he/she is unable to be self-sufficient. In determining the amount of spousal maintenance to be awarded, the Court considers additional 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.

Child Custody

Arizona courts pursue custody orders that are in the best interests of the child, taking into consideration a number of relevant factors including: the parents’ wishes; the child’s wishes; the child’s adjustment to home, school, and community; and which parent is more likely to allow the other parent frequent and meaningful contact with the child. 

Before parents may be awarded joint custody, they must submit a parenting plan to the Court, setting forth important arrangements, including each parent’s rights and responsibilities for the child’s care and a schedule regarding physical residence.  Although a Court may award joint custody, this does not necessarily mean that each parent will receive equal visitation rights.

Child Support

Child support orders may be required of either parent, and are determined due to a number of factors including: the financial resources and needs of the child; the financial resources and needs of each parent; the standard of living the child would have enjoyed if the marriage had not been dissolved; and the physical and emotional needs of the child.

Paternity

Blood or DNA testing can establish paternity with near certainty.  A Court can compel a mother, her child or children, and the alleged father to submit a blood or DNA sample in order to establish paternity.  Once paternity is established, a Court may order the father to provide child support, and the father may also gain visitation and custody rights, in accordance with the best interests of the child.

Family Law Mediation

Mediation involves the use of a neutral third party to help divorcing spouses come to mutually agreeable terms regarding property division, child custody and visitation arrangements, child support, spousal maintenance, 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

There are a number of temporary and emergency orders a Court can issue prior to divorce proceedings.  Generally, the Court clerk will issue a temporary order or preliminary injunction to both spouses, restricting their actions by preventing dissipation of community property assets and removal of the children from the State.  If necessary, in cases where the relationship between the divorcing spouses is hostile, a parent may also ask the Court for a temporary custody order.  In extreme cases, such as where the health or safety of a child is at issue, a Court can also issue other emergency orders to protect the child.

Seek Experienced Family Law Attorneys

If you live in the Phoenix metropolitan area and need legal assistance with a divorce, child custody, alimony, or other family law dispute, the attorneys at Sampair & Associates, P.C. can help.  Contact Sampair & Associates, P.C., today at (602) 997-7717 for a free consultation.