Legal Question in Family Law in Arizona

Re: Abandonment and Divorce

Sorry to hear about what you are having to deal with and have dealt with for so long. Divorce does not sound like it would be the death sentence that you are expecting. In fact, in my experience, many people find that divorce gives them far more freedom than living in an unhappy marriage did. Abandonment is not something that you should fear unless you are planning on completely dropping out of the picture for your kids. Abandonment is a legal term that relates to termination of parental rights and requires absolutely no contact for six months or more. In filing for divorce, you are still entitled to parenting time with your kids. Often the primary caretaker will attempt to withhold the kids from the other parent. If you foresee this as a possibility, you should request a temporary orders hearing and temporary orders when you file for divorce. That will ensure that you have some court-ordered parenting time until the divorce is final. Honestly, the divorce process can be difficult to navigate and litigate when you have kids and hiring an attorney can help. Some people are comfortable doing it alone but, in my opinion, if it is a contested matter, a professional is well worth the cost.

Contact me if you would like to discuss you case in greater detail. I offer payment plans and have an office in Gilbert and Mesa. If that's too far, I'd be happy to meet you somewhere more convenient.