Family & Divorce
Alimony & Spousal Maintenance
One of the first issues identified by people going through a divorce or legal separation is whether they will be paying or receiving alimony or spousal maintenance. Arizona does not have a set in stone formula for determining eligibility, amount of maintenance or the length of time it will be paid. Due to the ambiguity, spousal maintenance remains one of the most highly contested and litigated issues in a divorce or legal separation proceeding. Click here to learn more about obtaining or modifying Alimony & Spousal Maintenance.
Family Court Appeals
Any party that is dissatisfied with the decision of a Family Court Trial Judge has the right to appeal the decision to the Court of Appeals. An appeal is a legal proceeding before a higher Court to review and fix a factual or legal error that occurred in the lower Court. The process to make an appeal is specialized and starts with preserving your right to make an appeal followed by various procedures and deadlines. Click here to learn more about Appeals.
Child Custody
Child custody is one of the primary concerns of a parent in a divorce, paternity or legal separation action. When considering custody, the first issue is typically whether the parent will receive sole custody or whether they will share joint custody with the other parent. The legal term "child custody" is often confused with parenting time or visitation. Click here to learn more about child custody in Arizona.
Child Support
After the question of child custody has been asked, child support is often the second concern of a parent in a divorce, paternity or legal separation action. Will I receive child support? Will I have to pay child support? If yes, when will it start, how much will it be and how long will it last? For a parent, these critical financial issues can affect so much. Click here to learn more about how Arizona calculates child support or to do your own child support calculation.
Divorce
Today, more than half of marriages end in divorce. We understand that this is a very difficult time and there are many changes ahead. If you are thinking about filing for divorce, or if you have been served with divorce papers, having an experienced lawyer that knows Arizona Community Property laws is key. Click here to learn more getting a Divorce in Arizona.
Domestic Partnerships
Arizona does not currently recognize domestic partnerships at a state level. However, domestic partnerships can still be formed or dissolved in ways that can be recognized and enforced in the court system, including property divisions and parenting time with children. To learn more about forming or dissolving a Domestic Partnership in Arizona, click here.
Legal Separation
Legal Separation permits a married couple to divide their property and debts, establish provisions for child and spousal support, have the Court enter a Decree of Legal Separation and still remain legally married. There are usually particular circumstances involved for a person to select completing a Legal Separation proceeding over a Divorce proceeding. Click here to learn more about Legal Separation.
Modifications and/or Enforcement of Existing Court Orders
Following a divorce, legal separation, or paternity action circumstances often change, including changes in employment and income, the children growing older, or changes to a Parenting Plan. Let's face it, life presents change. The Court Order you initially obtained may no longer suit your needs, or you may have Court Orders that are not being followed and you need to enforce those Orders. Click here to learn more about Modifications and/or Enforcement to Court Orders.
Orders of Protection & Injunctions Prohibiting Harassment
Orders of Protection and Injunctions Prohibiting Harassment are collectively referred to as "restraining orders". Both of these Orders are meant to protect you against acts of domestic violence, assault, or harassment. If someone has been bothering you, Click here to learn more about obtaining or contesting an Order of Protection or Injunction Prohibiting Harassment.
Parenting Time or Visitation
Parenting time or visitation is the amount of time a parent gets to spend with his/her child or children after a divorce, legal separation or paternity proceeding. How a Court determines the amount of time each parent will spend with the kids depends greatly on the unique circumstances of that family. Click here to learn more about Parenting Time and Visitation.
Paternity
If a woman becomes pregnant and is not married, a paternity action must be filed to legally establish the Father of the child (this can be done by agreement or DNA testing). In the paternity action, the Court will order child support as well as parenting time for both parents. The mere fact that the Father is on the birth certificate is not enough. Click here to learn more about Paternity.
Pre-Nuptial Agreements and Post-Nuptial Agreements
While no one likes to think about the end of a relationship, the fact is that many marriages end in divorce. If you do nothing and end up getting a divorce, Arizona's community property laws will govern all aspects of your divorce proceeding. The other alternative, is to enter into a pre-nuptial or post-nuptial agreement creating your own private contract stating what will happen to your assets and debts in the event of a divorce, including provisions for alimony or spousal maintenance. Click here to learn more about Pre-Nuptial and Post-Nuptial Agreements.
DIRECTIONS:
We are conveniently located near the intersection of Scottsdale and Thomas Roads, just east of Scottsdale Road, on the north side of Thomas, and conveniently located just minutes off the 101.
OWENS & PERKINS, P.C.
ATTORNEYS AT LAW
7322 E. THOMAS ROAD
SCOTTSDALE, ARIZONA 85251
P: 480.994.8824 | F: 480.941.2215
Since 1967, serving the Valley of the Sun, Scottsdale, Paradise Valley, Phoenix, Chandler, Tempe, Mesa, Ahwatukee, Gilbert, Cave Creek, Carefree, Fountain Hills, Glendale, Surprise, Goodyear, Peoria, El Mirage, Sun City and other outer lying areas and counties, including, but not limited to Maricopa County, Pinal County, Coconino County, Yavapai County and Yuma County.