Family Law

Marriages can end in one of three ways, through divorce, annulment, or legal separation. Your case can be resolved in one of two ways: by reaching an agreement with your spouse through negotiation or mediation or by bringing your disputed issues to a judge for resolution.

We assist clients in navigating the emotional and legal challenges of divorce and separation, ensuring that their rights and interests are protected throughout the process.

When possible, we seek to resolve disputes through mediation and negotiation and avoid the uncertainty and increased time and cost associated with court. However, some cases and circumstances require that we advocate for your rights before a judge. 

Regardless of whether the marriage ends in divorce, legal separation, or annulment, our focus is on taking care of you and your family by achieving speedy, fair, and amicable resolutions.

Dissolution of Marriage / Divorce 

A divorce is among the most stressful and difficult experiences that can happen to a person or family. An experienced family law attorney can provide assurance and stability as you navigate the dissolution of marriage process.

Arizona is a no-fault divorce state, which means that if one party requests a divorce, the court will grant it. It is sufficient for one party to assert that the marriage is irretrievably broken and there is no reasonable prospect of reconciliation.

To file for a divorce in Arizona, you or your spouse must have lived in Arizona for at least 90 days before your case is filed. If your case involves children, you or your spouse must have lived in Arizona for at least six months. A divorce can become final in as few as 80 days, while more complex divorces take longer to resolve. We can provide an estimate of how long your case may take after an initial consultation with our team. 

After your divorce case is filed, a temporary restraining order is issued to prevent either spouse from concealing, selling, or otherwise squandering marital assets. This will also prevent either parent from leaving Arizona with the couple’s minor children.

While each divorce is unique, many of the following issues arise and must be considered: 

• child support and custody
• equitable division of marital assets 
• equitable division of marital debts 
• alimony payments 
• determination of payment of attorney’s fees 

Legal Separation 

While similar in process to a divorce, a legal separation has a very different end result. Parties choose legal separation over divorce for a variety of reasons, such as religious beliefs, to keep one spouse on the other’s insurance, or because one or both parties are not ready to take the formal step of ending a marriage through divorce. 

Like a divorce, a legal separation brings up custody, child support, spousal maintenance, and division of assets and debts. Legal separation does not end the legal rights and relationships that arise through marriage. If a legal separation is ordered, and one spouse or the other later wishes to remarry, a divorce must first be obtained. 

Annulment 

An annulment of marriage results in the court declaring that the parties were never legally married. Annulment is typically reserved for cases of fraud or incapacity. Fraud can include bigamy or concealment of a communicable disease or criminal past.

In short, an annulment reverts the parties to the position they were in before marriage. However, even when an annulment is granted, issues relating to property distribution, custody, visitation, and child support may arise. 

Custody encompasses two concepts: legal custody and physical custody. Legal custody concerns decision-making with respect to decisions impacting the child, and physical custody determines parenting time. 

Our team is skilled in handling sensitive matters related to child custody, always prioritizing the best interests of the child. We work closely with clients to develop parenting plans, calculate appropriate child support payments, and establish custody arrangements.

The parent who is awarded sole custody generally has complete responsibility for important decisions in the child’s life. Most often, the parent who is not awarded custody will have visitation rights, sometimes referred to as parenting time. 

When the court awards joint legal custody, the parents share in the decisions that will impact their children, such as education, medical care, and religious practices. Even when the court awards joint legal custody, a parent may or may not also have joint physical custody of the child, which means that both parents may or may not spend the same amount of time with the child. 

Visitation is typically ordered to ensure that the parent who does not have physical custody is still provided time with the child. Generally, the court strives to ensure that both parents are present in the lives of the children where appropriate. Thus, when considering visitation rights, the court considers the age of the child, as well as the routine of the child, weekend time, and holiday and vacation issues.

Importantly, issues of child support do not impact visitation rights. Issues of support are separate and apart from visitation and custody. If a parent is having difficulty paying support, the other parent cannot deny visitation. Similarly, a parent who is ordered to pay support cannot withhold it because of issues with visitation.

The responsibility for the support and care of a child is shared by both parents. For the non-custodial parent, this includes paying child support. The amount of child support is calculated according to the Arizona child support guidelines, which consider a variety of factors: 

• income of the parents
• childcare costs and who pays for it 
• insurance costs and who pays it 
• special needs that the child may have 
• age of the child 
• amount of time the child spends with the parent paying child support 

In most cases, child support obligations are taken directly out of the parent’s paycheck and forwarded to the court. The court then forwards the payment to the parent entitled to receive it and tracks payments in the event of future disagreements over the amounts paid.

Situations vary and results can fluctuate due to a number of factors. We can help you understand how the child support guidelines may apply to your circumstances. For custodial parents, we can help enforce a child support order. For non-custodial parents who are behind on payments, we can identify options to address past-due amounts. 

Arizona is a community property state, which means assets and debts are split equally at divorce. With limited exceptions, the property that the parties accumulated during the marriage and the debt incurred are shared by the spouses equally. 

The property and/or debt acquired is community property and can include:

• homes, lots, or other real estate
• cash, stocks, cars, notes, and other financial instruments
• rights to a profit-sharing or other retirement plan

When a divorce case is filed, all the community property and the community debt must be divided so that it becomes the separate property of each spouse. An “equitable” division typically means each spouse is allowed half the community property and debts. It typically does not matter who paid for the property, who obtained a loan, or who used the property most.

The parties are free to agree upon the division of the assets and debts. If they don’t, the court will make the determination and divide the property and debts. At G&K, we help you to identify all your community assets and debts and advocate for equitable distribution. 

Gifts and property that a spouse receives as the result of an inheritance generally are not community property. In addition, items that either spouse brought to the marriage are typically treated as separate property, not community property.

However, an item that was once separate property may not stay that way, such as when community property is used to make payments on a separate asset. In those cases, what was once separate property has been “commingled” with the community property and is now part of the community. A house is a common example of a commingled asset. 

It is important to consult a qualified family law attorney to discuss the equitable division of assets and debts in your case. Further, if a party does not comply with the court’s orders related to the division of debt or property, we can help you petition the court to enforce the prior orders.

Spousal maintenance, or alimony, is money that is paid by one spouse as part of the divorce and can be temporary or indefinite. Alimony is paid independently of child support and is not a supplement to or replacement for child support obligations.

If the parties do not agree on an amount of alimony, the court will make this determination after considering several factors: 

• the length of the marriage 
• the age and earning capacity of the spouse seeking alimony 
• the quality of life the parties were accustomed to while married 
• the spouse's ability to pay 
• the contributions of the parties to the marriage 

Alimony payments are typically treated as taxable income to the spouse who receives them and tax-deductible to the spouse who is paying alimony. 

The length of time that alimony is ordered can vary but typically is ordered for a set period of time to give the spouse receiving alimony the time to prepare to handle their financial affairs independently. Alimony payments can also end when the receiving spouse remarries or dies. 

Alimony is not awarded in every case. If you have concerns about whether you are entitled to receive alimony or may be required to pay alimony, please contact us. 

Many issues raised in a divorce are resolved when the court enters the Decree of Dissolution. However, certain orders (such as custody, support, and maintenance orders) are ongoing, and the court can modify these orders as time progresses. If a change in circumstances is such that it impacts the orders previously entered by the court, a modification of those orders from the court is necessary. 

Major changes include an increase or decrease in income, the loss of a job, or the associated loss of medical insurance. If alimony or maintenance payments are no longer needed or are needed for longer than originally provided for by the court, modifications may be warranted. If other issues affect the needs of one spouse, or the other’s ability to pay, the court can modify an award of spousal maintenance.

We can help obtain modifications of custody orders. Even when both parents agree to a change, it is important to obtain approval from the court for modifications of custody.

Domestic violence encompasses crimes that include violence or threats of violence against individuals in domestic relationships. These include assault, threats and intimidation, endangerment, interference with custody of children, kidnapping, and trespass. 

An order of protection is permitted when certain relationships exist, such as: 

• A spouse or former spouse 
• Your current or former roommate of the opposite sex 
• The parent of your living or unborn child 
• A relative by blood or marriage

To protect yourself and others who are facing domestic violence, but are not in immediate danger, you can apply for an order of protection from the Superior Court or Justice Court. The order of protection comes from a judge and is intended to help prevent additional acts of domestic violence with assistance from the police.

Protective orders are valid for one year and are renewable. However, an order of protection is not a guarantee of your safety. You should always be alert and take steps to protect yourself.

In Arizona, grandparents are allowed to see and spend time with their grandkids. Quality time spent with grandparents typically benefits both the child and the grandparents. Unfortunately, divorce or other family tension can sometimes threaten this relationship. 

If a parent with custody will not allow a grandparent to visit with his or her grandchild, the grandparent may petition the court to allow visitation. In all cases, the court’s primary concern is determining what is in the best interest of the child. We can help with the legal proceedings necessary to preserve these important grandparent relationships.

Numerous circumstances can prevent a child’s parents from caring for and having custody of the child. Medical conditions, mental illness, drug and alcohol abuse, or emotional or physical abuse can all play a role. Oftentimes, a relative will take responsibility for the care and support of the child. 

It is important to know your options. If you are acting as the caregiver for a child whose parents are unable to care for the child, contact us to discuss how you can get legal and physical custody of the child. This will empower you to make important decisions in the child’s life and ensure that the child’s best interests are met. 

Paternity needs to be established when a child is born to an unmarried couple. The father’s name on a birth certificate raises a presumption of paternity, but to enforce legal rights, paternity must be established by the court. 

For example, if the father wants to have any rights in the child’s life, or if the mother wants to collect child support, paternity must be established. Either a mother or a father can file an action to establish paternity. Once the court establishes paternity, either parent can pursue their legal rights. 

Paternity establishment is also necessary for the court to order a father to pay child support. In addition, paternity allows a father to enforce his rights to custody and visitation.

There are two ways to establish paternity; both parents can admit they are the parents of the child, or a genetic test can be performed. If a parent denies paternity, the court can order either party to allow a blood test to establish paternity. 

We can help you understand your options, and if necessary, help you obtain a paternity test.

Premarital (also called prenuptial) agreements can ensure that you and your future spouse agree on the property and debt each brings to the marriage. Complete disclosure of debts and assets of the parties is important in determining whether a prenuptial agreement can be enforced. Failure to disclose assets or debts can have a serious adverse impact on the enforceability of the agreement.

A prenuptial agreement can also address certain rights and responsibilities, including issues that may arise in the event of a divorce. Further, if you are bringing children to the marriage, a premarital agreement can identify and proactively document key issues for the benefit of the children.

A postnuptial agreement is created during the marriage to establish important rights and responsibilities from the time of the agreement into the future. 

If you are considering signing a prenuptial or postnuptial agreement, you should consult a family law attorney who can give you independent advice to make sure your best interests are protected. 

Families seeking to adopt a child into their family often don’t know where to begin. 

Our team has helped many families with adoption, including adoptions of infant children and stepchild adoptions. If you are considering bringing a child into your home through adoption, we can guide you through the process.