Legal Question in Family Law in Arizona

Re: When does it all begin?

The actual legal obligation, under Arizona law, actually commences on the first day of the first month AFTER one party files for Divorce or Separation. However, it may be wise and beneficial (strategically) to commence support upon separation, keeping track of all payments, so that you cannot be accused of abandonment.

From a non-legal view, of course it is appropriate to support your family prior to and throughout the pendency of the legal matter.

I can explain the procedures or any other questions you may have by phone or in person. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

Re: When does it all begin?

Who pays for what during the interim period between separation and divorce is a common issue. All financial obligations of the community that were undertaken before one party petitions the court for dissolution continue to be the responsibility of both parties until the court officially divides those responsibilities by decree. Both parents' responsibility for the children also continues, regardless of where the children live.

In reality, divorcing partners often have a hard time deciding who will pay for what, and how much, during the separation period. This difficulty arises both because it stretches the budget to maintain two households during the separation, and also because emotions are high. You have a couple of choices. First, if both parties are willing, you can negotiate, or use a mediator to help you negotiate, an interim financial arrangement to cover the separation period. If one or both parties is unwilling to mediate, you can go before the court and ask for a temporary support order. Mediation is often preferable, even where emotions are high, because of the significant cost savings over hiring lawyer and the time saving over waiting for a court date. However, it is not appropriate in every situation (e.g. domestic violence).

You can find the Arizona divorce law on line at http://www.azleg.state.az.us/ars/25/title25.htm. You can read more about mediation at www.yesmediation.com. I am an attorney-mediator, and would be happy to answer any questions you may have about mediation. If you'd like to talk to a regular divorce lawyer, but aren't sure where to go, I would also be happy to make a referral to good lawyers in your area.

Re: When does it all begin?

I am an Utah attorney, this was sent to me by mistake, please resubmit.