Legal Question in Family Law in Arizona

You have a lot of questions, and that is completely understandable. When you begin looking into your legal rights regarding separation, divorce, child custody, child support, etc., it can seem overwhelming. I would be glad to try to explain things to you in a way that is easier to comprehend.

For starters, it is always best to have legal representation, especially if the opposing party has legal representation. However, it is not required, and sometimes you can do quite well without it. Regardless, separation and divorces these days are considered no fault in most states, including Arizona. All that means is that you do not have to prove that one or the other parties did something wrong to break up the marriage. You don't have to show that he committed adultery and he doesn't have to prove your infidelities either. It's like a blank slate.

You can ask the court for whatever you want and that you think you can reasonably get. If you think your husband will agree with you on most things the two of you can file what is called a consent decree. This means you don't have to have a trial and fight out any unresolved issues or differences. It is still best to see how much you can agree on even if there are still some disagreements.

There are two kinds of child custody: legal and physical. Legal involves decision-making power for the child or children. Physical involves where the child or children live. It's best if both of these can be joint, unless there are any concerns about domestic violence or child abuse by your husband. Generally the court splits dependent claims; in other words, your husband would claim one child and you would claim the other, or you would switch off every other year, that type of thing.

If the parenting time is about 50-50, the court likely will not require payment of child support or spousal maintenance unless a parent (usually the mother) would be more economically disadvantaged because she wasn't working or something.

Contact me at your earliest convenience and I would be glad to help you further. Thank you for your time and attention.

There are too many questions to answer via email. I do agree that you need advice from an experienced family law firm.

I have been doing this for 17 years. We can certainly help you consider and then pursue your options.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation

/s/ Rich J. Peters

RJ PETERS & ASSOC., P.C.

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

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see our website at www.familylawaz.com