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 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.
Will I go to jail for a first-time drug possession offense in Arizona?
It depends. First-time drug possession offenders may be eligible for alternative sentencing, which means you may be able to avoid jail time. You may be able to complete an alternative program, such as a TASC (treatment assessment screening center) program. However, there are many factors that must be considered, which should be discussed with an experienced Phoenix criminal lawyer.
Even if this is the first time you have been charged with drug possession for personal use, you need to make sure that you have a knowledgeable lawyer on your side, who understands the options available to you. The state of Arizona is tough on drug offenders and you need to ensure that your lawyer is equipped to properly handle your case.
For more information regarding your rights following a drug charge, contact one of our Phoenix criminal defense 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). We will review your case and explain your options under the law.
Be sure to order a free copy of our book, Arizona Criminal Law - What You Must Know.
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.
Are field sobriety tests mandatory when pulled over for DUI in Arizona?
The answer is “no.” Officers often use field sobriety testing to give them probable cause, or justification, to arrest someone for suspected drunk driving. These tests are not reliable and are based on the officer’s subjective opinion.
If you are pulled over for suspected driving under the influence (DUI), you may be asked to walk a straight line, then turn. You may be asked to stand on one leg or follow a moving pen or other object with your eyes. Failing one of these tests can lead to your arrest, which is unfortunate considering that many factors, other than alcohol, can influence the outcome of the testing.
You do have the right to refuse to participate in field sobriety tests. Simply decline the officer’s request.
To learn more about field sobriety testing and other issues relating to DUI, order a free copy of our informative book, Arizona DUI Law: What You Must Know.
For answers to your other DUI questions, give us a call at 602-258-1000 or toll free at 1-888-9AZLAWCOM (888-929-5292). An experienced Phoenix criminal defense attorney at our firm will be more than happy to help you.
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.
What is discovery?
Discovery allows both parties to "discover" information in the case. The purpose is to eliminate surprises. In Arizona state cases, Arizona Rules of Civil Procedure Rules 26 through 37 list the different discovery instruments and the process that is to be followed.
What are interrogatories?
Written questions by one party to the other party involved in the lawsuit, which are answered under oath. For further information see Arizona Rules of Civil Procedure 33 and 33.1.
What is a deposition?
A formal statement under oath in the presence of a court reporter. The answers in a deposition are verbal. They may be filmed in Arizona. For further information see Arizona Rules of Civil Procedure 27, 30 and 31.
Will my case go to trial?
Only about 5-10% of all personal injury cases end up in a formal trial. The great majority of cases settle before trial. For further information on the trial process see Arizona Rules of Civil Procedure 38 through 53.