Divorce & Custody Basics
Child Custody
Contrary to popular belief there is NO presumption of 50/50 custody in the state of Arizona. Custody is really an umbrella term that refers to a parent's right to make legal decisions on behalf of their minor child and their ability to physically see the child. Legal decision making and parenting time are determined based on Arizona Statute § 25-403 which requires the Court to determine custody based on the best interests of the child. There are 11 enumerated factors outlined in Az. Rev. Stat, § 25-403 which the Court is required by law to rely on in making their decision.. Child custody is a very fact specific determination that needs to be made by the Court on a case by case basis. Having a knowledgeable family law attorney can ensure that all the relevant facts are brought to light and that the Court has ALL of the information needed in order to make the best decision for your child's wellbeing.
Divorce in a Community Property State
Arizona is 1 of 9 states that is classified as a Community Property state. In its simplest form community property means that all assets and liabilities acquired or incurred during the marriage by either party is considered community (whether titled jointly or not) and up for division at the time of divorce. There are some specific exceptions to the definition of community property that may be raised as a defense in the course of a divorce including gifts and inheritances. Community property requires a 50/50 division of assets and liabilities at the time of divorce. This can often be more complicated than initially anticipated depending on your specific circumstances.
Arizona Child Support
Every natural or adoptive parent has a financial obligation to support their child under Arizona Law. A.R.S. § 25-501(A) sets forth what is commonly referred to as the Arizona Child Support Guidelines. Child support includes not only the month to month payment made by one parent to the other, but also includes holding the other parent accountable for splitting out of pocket medical expenses, covering the child on health insurance and establishing a shared schedule for the dependent child tax credit.
Prenuptial Agreements
No one wants to enter a marriage contemplating divorce. However, the reality is that fifty percent of all marriages fail for one reason or another. Getting a prenuptial agreement does not mean you are planning to get divorced or that you don't trust your partner. Prenuptial agreements can save you a lot of heartache in the future and preserve your premarital assets. They can also streamline the divorce process in the event that a divorce does happen. Planning for your future should always include the worst case scenario. We are here to help, and make it as pain free and simple as possible for you.