We know you have questions. We have your answers.
*These responses cover most but not every scenario. If you have additional questions or want to discuss your individual case, feel free to contact Curry, Pearson & Wooten P.L.C. We are here to help you.
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Can a grandparent get a court-ordered visitation? What are the factors under Arizona law?
Being kept from your grandchildren is heart wrenching. When a couple divorces, it doesn’t just impact the spouses and children. Grandparents are often affected and sometimes denied access to their grandkids. If you have not been able to see your grandchild following his or her parents’ divorce, you can enforce your rights under the law.
Arizona Revised Statutes § 25-409 addresses grandparent rights. According to the law, you can pursue visitation rights that are ordered by the court. The court will evaluate whether the visitations would be in your grandchild’s best interests, by considering the following factors:
- Your historical relationship with the child
- Whether the visitation will impact the child’s customary activities
- Why you might have been denied visitation
- What could be motivating you to request visitation
If one or both of the child’s parents are deceased, the court will also consider “the benefit in maintaining an extended family relationship.”
Read more in our article, What are Your Rights as a Grandparent in Arizona?
To find out how to start the process of enforcing your rights as a grandparent, contact an experienced Arizona family law attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Be sure to order a FREE copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times.
How are Arizona paternity cases handled? My childs father is denying paternity.
Paternity is important when it comes to child support and custody matters. In Arizona, the court may order testing to establish paternity. The law reads: “The court, on its own motion or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to genetic testing.” (Arizona Revised Statutes § 25-807)
Genetic testing is used to determine the probability that a man is the biological father of the child. State law doesn’t leave a lot of room for speculation. According to the statutes, the tests must show a 95 percent likelihood of paternity. Keep in mind that the test can be utilized to not only prove paternity, but to show that someone is not the child’s biological father.
If genetic testing reflects paternity, a court order may be given naming the child’s legal father. Once paternity has been determined, court orders may be obtained for child support and custody.
You can learn more about Arizona paternity cases in our article, Establishing Paternity in Arizona: Find Out The Steps Involved.
If you have more questions regarding paternity or other family law matters, feel free to contact an experienced Arizona family law attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
When should an Arizona prenuptial agreement be used?
A prenuptial agreement often doesn’t conjure up the most positive feelings. However, it can be extremely beneficial in the event of divorce or death.
In Arizona, prenuptial agreements are ideal for couples who possess substantial assets, earn high salaries or have children from a prior marriage. If you are wondering if a prenuptial agreement is right for you, you should talk with an experienced Arizona family law attorney.
When a couple makes the decision to create and sign a prenuptial agreement, they are taking a big step in determining how to handle financial matters, if they are to arise. They are also taking great measures to ensure that personal and business assets are protected.
For more information or a free case evaluation, contact the Arizona family law attorneys at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
Be sure to order a complimentary copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times.
Can a child custody order be modified following an Arizona divorce?
Whether you were awarded custody of your child or you want to obtain it, you should know that child custody orders are sometimes modified following divorce.
The decision to modify a child custody order is not taken lightly, as it could significantly impact the child. You must present the family law judge with a convincing reason as to why a child custody modification should be granted. It must be shown that there is a major and continuing change of circumstances that would warrant a modification of child custody. For example, if the custodial parent has a substance abuse problem or if the child is being abused or neglected, a child custody modification could be granted.
Visitation and parenting time orders might also be modified. To learn more, contact an experienced Arizona family law attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). We will explain the details of child custody modifications and will answer your questions.
Be sure to order a free copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times.
What happens if child support payments are not made on time by my ex-spouse? Are there any penalties in Arizona for delinquent payments?
There are certain actions that can be taken if child support payments are not made on time.
Once the court has ordered that child support be paid, the payments must be made every month and on time, based on the court order. If these payments are delinquent, the paying parent may be penalized. Some of the possible penalties include:
- Court action that could lead to jail time
- Seizure of a bank account
- Negative reporting to the credit reporting agencies
- Personal and real property liens
- Motor vehicle liens
- State and federal tax refund intercepts
For more information regarding child support payments, or to simply obtain answers to your questions, contact an experienced Phoenix family law attorney at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). We will review your situation and explain your legal options.
Be sure to order a free copy of our book, Arizona Family Law: Handling Tough Issues in Tough Times. This book is a great resource for anyone facing divorce, child custody, child support or other family law issues.
Can I force my spouse to pay alimony after our divorce?
Alimony, which is the former term used to describe spousal support or spousal maintenance, may be awarded to one spouse following a divorce. The money is designed to provide financial support. Spousal maintenance may be paid to either the husband or wife.
Keep in mind that spousal support is not awarded by the court as a form of punishment. For example, you will not be awarded spousal support simply because your spouse was unfaithful during the marriage. The ability to obtain spousal maintenance is dependent on many factors, such as the length of the marriage, the spouse’s future earning capacity and the available financial resources.
The court will be the one to determine if spousal support should be paid, as well as the amount and duration of payments.
For advice regarding your specific situation, feel free to contact an experienced Phoenix divorce lawyer at the law firm of Curry, Pearson & Wooten, PLC by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
While you are on our website, be sure to order a complimentary copy of Arizona Family Law - How To Handle Tough Issues In Tough Times. This book will open your eyes to divorce and family law matters.
What does it mean that Arizona is a no-fault state when it comes to divorce?
In Arizona, you are not required to show that one spouse was to blame or responsible for the ending of the marriage, in order to qualify for a divorce. Arizona is considered a no-fault state, meaning you only need to prove that your marriage is “irretrievably broken.” In other words, there is no real possibility of keeping the marriage together.
There is an exception, though. If you have a covenant marriage, there are certain reasons you must give to dissolve your marriage. Under state law, some of these reasons include adultery, physical abuse, sexual abuse, regular substance abuse and imprisonment. A covenant marriage can also be dissolved if both spouses agree the marriage is over.
For more information or advice, contact an experienced Phoenix divorce lawyer at the law firm of Curry, Pearson & Wooten by calling 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292).
You should also order a FREE copy of the book, Arizona Family Law - How To Handle Tough Issues In Tough Times.
Are there residency requirements to file a family law case in Arizona?
One of the spouses must have lived in the state at least ninety days before filing for dissolution of marriage. The divorce is properly filed in the county in which the petitioner resides at the time of filing. There is also a sixty-day waiting period after the service of process on the Respondent or after the Respondent's acceptance of service. If the case involves custody matters that need to be decided by the court, the children must be residents of Arizona for at least 6 months before the court has jurisdiction to decide custody matters.
What are the legal grounds for dissolving a marriage?
Arizona is a no-fault state. One of the parties must simply allege an “irretrievable breakdown” of the marriage and desire to live separate and apart.
What are the grounds for a legal separation?
The requirements are similar to divorce. One of the parties must simply allege an “irretrievable breakdown” of the marriage or a desire to live separate and apart and must live in the state of Arizona when the action for legal separation is filed. No residency time limit is required. If one spouse objects to a legal separation, the case will be amended to be an action for dissolution of the marriage.