Do I Need an Attorney for my Tempe, Arizona Family Law Needs?
If your marriage was of short duration, few assets and debts were acquired during the marriage, and you don’t have minor children, you may be able to get away with not hiring an attorney for an uncontested divorce. If the divorce is contested, or any of these factors are present, it is probably best to retain an attorney. Assigning community contributions to retirement accounts and tracing back commingled assets. An attorney can make sure your settlement agreement is drafted to properly reflect your wishes.
Do I Need an Attorney for my Tempe, Arizona Can a Parent withhold parenting time if another spouse hasn’t paid child support? Law Needs?
No. Parenting time and child support are two separate issues. There are plenty of means of recourse if one spouse fails to make child support payments. Wage garnishments, property liens and license suspensions can all be used to force a parent who is in arrears on child support to pay their past-due balance.
At what age can a child decide which parent to live with?
You can either have a deputy sheriff or a process server serve your spouse with the initial divorce petition to begin the divorce process. Your spouse will have 20 days to respond if they live in Arizona, and 30 days if they live out of state.
What is a Parenting Plan and Do I need One?
A parenting plan is a schedule of how your child will spend time with each parent. Having a court-ordered parenting plan will help ensure that you and the other parent spend a fair amount of time with the child, and that the child has a stable and reliable schedule. It will also be used to determine how much child support should be paid.
Can a Judge Order Supervised Parenting or No Visitation?
A judge may order supervised, limited, or no visitation at all if it is in the best interests of the child. If there are allegations of domestic violence, other types of abuse, a drug and alcohol dependency, or other issues that could affect the child’s well-being, the judge may restrict that parent’s visitation in one of the ways listed above.
What is a Contested Divorce?
In a contested divorce, the spouses disagree about how matters like property division, child support, child custody, and alimony should be resolved. If the spouses are unable to reach an agreement, the case will proceed to trial, and a judge will decide how each issue will be resolved.
What is an Uncontested Divorce?
An uncontested divorce is one in which the spouses agree on all issues. The spouses may collaboratively work on the divorce petition and the respondent spouse can simply not respond once it is served. Or, the spouses can sign a consent decree and submit the petition to the court, who can then issue the divorce.
What is a Preliminary Injunction?
A preliminary injunction can be issued when the divorce petition is filed. This will prevent either spouse from selling, gifting, or disposing of community property assets during the divorce. A preliminary injunction can also prohibit certain conduct between the spouses during the divorce, and outline how custody should be handled in the interim.