Divorce
Whether you and your spouse agree on the terms of your divorce (uncontested divorce) or disagree over property, parenting, support, or other issues (contested divorce), we can guide you through the process with clear advice about the decisions ahead.
Arizona is a no-fault divorce state, meaning you don’t need to prove misconduct, such as adultery or abandonment, to file for divorce. Instead, one spouse must state that the marriage is “irretrievably broken.” We assist clients with divorce issues that can include:
- Division of Assets and Debts: Arizona community-property law generally governs the division of property and debts acquired during marriage. The treatment of specific assets and obligations depends on the facts and applicable law.
- Legal Decision-Making, Parenting Time, and Child Support: For couples with children, divorce can include parenting plans, decision-making authority, parenting schedules, and financial-support obligations.
- Spousal Support (Alimony): We help clients address spousal-maintenance issues involving financial circumstances, earning capacity, and other relevant factors.
Child Custody
In Arizona, the terms legal decision-making and parenting time are commonly used for matters often called custody. Courts consider the child’s best interests when deciding custody arrangements.
Legal decision-making concerns major choices about a child’s healthcare, education, and other important matters. Parenting time concerns the schedule for the child’s time with each parent. We assist with:
- Legal Decision-Making Authority: Addressing which parent or parents will make important decisions about education, healthcare, and other major life matters for the child.
- Parenting Time: Establishing schedules for the child’s time with each parent.
- Modifications to Custody Orders: Evaluating requested changes to existing legal decision-making or parenting-time arrangements.
We help parents address parenting plans and modification requests based on the existing order, the requested change, and applicable Arizona procedures.
Child Support
Arizona child-support calculations can consider both parents’ financial information, parenting time, and the child’s circumstances. The Arizona courts provide child support forms and resources for these matters.
We provide guidance on child-support concerns, including:
- Understanding Financial Information: Reviewing the information relevant to a child-support calculation.
- Enforcement: Assisting with enforcement concerns when a parent doesn’t meet a support obligation.
- Modifications: Evaluating whether changed financial or parenting circumstances may support a request to modify an existing order.
Enforcement and modification are separate issues that can require different filings and court procedures. We can help you understand the steps that may apply to your circumstances.
Alimony/Spousal Support
Spousal support, also called spousal maintenance or alimony, is often a key consideration in divorce cases. Arizona courts evaluate statutory factors, which can include the parties’ financial circumstances, earning ability, marriage-related factors, and other relevant information.
We can:
- Evaluate Eligibility: Assess whether spousal maintenance may be at issue in your case.
- Negotiate Terms: Help address proposed maintenance terms in an agreement.
- Represent You in Court: Present your position in contested spousal-maintenance proceedings when court involvement is necessary.
Paternity Establishment
For unmarried parents, establishing paternity determines legal parentage and allows parents to address legal decision-making, parenting time, and child support. Arizona law provides several ways to establish paternity, including voluntary acknowledgment and court-ordered testing.
We can assist with:
- Filing Acknowledgment of Paternity: Helping parents complete and file the necessary legal documents.
- Court-Ordered Paternity Testing: Petitioning for DNA testing when paternity is disputed.
- Legal Implications: Advising on how paternity impacts parental rights, child support, and inheritance issues.
Prenuptial Agreements
Prenuptial agreements, also called premarital agreements, can address property, debts, and financial rights before marriage. These agreements clarify how certain financial matters may be handled in the event of divorce or separation.
We assist with:
- Drafting Agreements: Preparing premarital agreements that reflect the parties’ financial circumstances and goals.
- Reviewing Terms: Reviewing proposed terms and the information relevant to the agreement.
- Modifying Agreements: Addressing requested changes to existing premarital agreements when appropriate.
Enforceability can depend on how an agreement was prepared, disclosed, executed, and evaluated under applicable Arizona law.
Legal Separation
In some cases, couples may choose legal separation over divorce. Legal separation allows spouses to remain legally married while living apart, often for religious, financial, or personal reasons. Like divorce, legal separation can address property division, spousal maintenance, legal decision-making, parenting time, and child support.
We advise clients on whether legal separation fits their circumstances and address the property, support, and parenting issues involved.
Post-Divorce Modifications
Job changes, relocations, or shifts in financial circumstances may lead a parent or former spouse to consider changes to existing orders.
We assist with post-divorce modifications for:
- Legal decision-making and parenting time
- Child support obligations
- Spousal-support arrangements
A modification request must be evaluated against the current order and the facts supporting the requested change. Parenting and support changes can involve different procedural requirements.
Additional Family Law Services
We also assist with other family law matters, including:
- Guardianships and adoptions, which legally formalize relationships to protect and care for children or other dependents
- Domestic violence protection orders and related family-law concerns
- Grandparent rights
- Mediation services for family disputes
Mediation is a process in which parties work toward an agreement with neutral assistance. Domestic-violence circumstances can also affect parenting, safety, court orders, and case strategy.
Why Credentials Matter When Choosing a Tempe Family Lawyer
Choosing a family law attorney involves comparing subject-matter experience, communication expectations, dispute-resolution options, and the complexity of your legal issues.
Our qualifications and approach include:
- Certified Family Law Leadership: William D. Bishop is a Certified Family Law Specialist through the State Bar of Arizona Board of Legal Specialization.
- Peer-Recognized Credentials: William D. Bishop is a Fellow of the American Academy of Matrimonial Lawyers and has been listed in Best Lawyers in America for family law. Our attorneys also hold peer-recognized credentials from organizations including Super Lawyers and Martindale-Hubbell.
- Individualized Representation: We consider the facts, priorities, and level of conflict in each matter when advising clients on negotiation, mediation, or litigation.
Contact Our Experienced Family Lawyers in Tempe, Arizona
Speak with our team about a divorce, parenting, support, agreement, or other family-law concern. A consultation can help you identify the issues involved and understand potential next steps under Arizona law.
Call (602) 878-3133 to schedule a consultation with our family law attorneys.
