Tempe Family Law Attorney and Divorce Lawyers

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Family Law & Divorce Representation Offered in Tempe AZ

Divorce with Children – If you have recently decided to get a divorce, or if you are just now in the process of reviewing your options for a divorce with children, you probably already know, dissolution of marriage is never easy — and when you add children of any age to the process, it can become that much more emotional, stressful, and mentally and financially taxing. Regardless of how long you and your spouse have been together, if you have children involved, making the decision to legally separate or divorce always involves a host of difficult choices. For that reason, having an experienced and compassionate Arizona divorce attorney on your side is an absolute necessity.

Divorce without Children – When it comes to a dissolution of marriage in Arizona without children under the age of 18 years old, many people make the mistake of not hiring a Phoenix divorce attorney to assist with their divorce. Or, they often try to obtain a cheap Arizona divorce online, falsely assuming it will be quick and easy. The truth is, even if there aren’t any children involved in your AZ divorce, the process of any divorce can have potential issues that happen. Even though your divorce does not involve children, there are many other factors that will influence you and your spouse’s lives.

Contested vs Uncontested Divorce – An uncontested divorce in Arizona is generally easier to handle for both parties and their attorneys and is most common among couples who don’t have much property or debts to divide, or any children for whom they must find a way to share custody and establish child support. However, even among couples with children, property, assets and debts, uncontested divorce is still the most common type of divorce proceedings in Arizona.

Property Divisin in Divorce – When it comes to divorce without children under the age of 18 years old, many people make the mistake of not hiring a Phoenix divorce attorney to assist with their divorce. Or, they often try to obtain a cheap Arizona divorce online, falsely assuming it will be quick and easy. Regardless if you are going through a divorce with children or if it does not involve children, the process of any divorce can have potential issues happen and there are many other factors that will influence you and your spouse’s lives.

Child Custody – It’s no secret that child custody can be one of the most delicate parts of any family law or divorce proceeding, and at the Law Offices of Daniel Hutto, we take the job of advocating for your best custody arrangement possible very seriously. But in Arizona, child custody is much more important than the quality time you receive with your children — it also involves your ability to make sure their needs are being met and the other adults in their lives are not making decisions about your children’s wellbeing without your consent or knowledge.

Parenting Time & Legal Rights – Before 2012, child custody in Arizona referred to which of a child’s parents were authorized to make legal decisions on the child’s behalf. Noncustodial parents were granted visitation, which included the time they would have the children for visits. However, SB 1127 was passed by the state’s legislature and became effective on Jan. 1, 2013. SB 1127 enacted important changes in child custody cases in Arizona. The laws now refer to legal decision-making and parenting time instead of custody and visitation. They are designed to ensure that both parents have liberal amounts of time to spend with their children. The statutes emphasize the importance of the child’s best interests instead of the parents’ preferences.

Child Support – In the state of Arizona, child support may be ordered by a court when two parents who have children together do not live with each other. This type of support is meant to help the custodial parent provide for the children’s upbringing. Under A.R.S. § 25-501, both parents are expected to contribute to the costs of raising their children. Costs that include basic necessities to help feed, educate, clothe and house the child. The amount of money that you might have to pay, or might receive, will be determined based on multiple factors. An experienced child support lawyer at the Law Office of Daniel Hutto can help you to figure out what to expect in your child support case. Continue reading to learn more about child support.

Contempt for Unpaid Child Support– When child support orders are issued in Arizona, the party ordered to pay child support must meet their financial obligations for support of the minor child or children or face contempt for not paying child support. Child support orders include the monthly payment amount that the paying parent must pay to the other parent. These orders also include information regarding which parent will be responsible for paying for the child’s monthly health insurance cost and how uncovered medical expenses and extracurricular expenses will be allocated.

Spousal Support or Alimony – In Arizona, either spouse in a divorce can ask the court to issue an order for spousal maintenance. However, spousal maintenance or support will not be automatically awarded when it is requested. Instead, spousal maintenance will be issued in cases in which it is needed to help the lower-earning spouse to become financially independent by completing education or training. Spousal maintenance is frequently ordered to last for a short period after a marriage ends. If a marriage lasted for 15 years or longer, it may be ordered for a longer period.

Child Adoption – Adoption in Arizona can be both a beautiful thing, and a daunting task. There are many reasons why a person or couple would like to adopt a child and, many reasons for a parent to give up parental rights to a child. In either case, the most important factor in that decision-making process is what is best for that child. While most children tend to have great relationships with their parents, there are some cases in which a child’s relationship with a parent can be problematic. Depending on the circumstances, it is possible to sever a parent’s parental rights in Arizona so that another person may adopt a child.

Sam-Sex Couple Laws – In Arizona, same-sex marriage has been legal since 2014, when the state chose not to appeal a federal court’s decision that the state’s constitutional amendment barring same-sex marriage was unconstitutional. The U.S. Supreme Court followed in 2015 with its decision in Obergefell v. Hodges, which legalized same-sex marriage across the nation. While marriage is the most common type of legal commitment in Arizona, people can still choose to register domestic partnerships in some cities in Arizona. Same-sex marriage law involving marriage, divorce, custody, and adoption remains an evolving body of law.

Grandparent’s Rights – There are some situations in Arizona under which grandparents might need to seek custody of their grandchildren or adopt them. In other cases, grandparents might be prevented from seeing their grandchildren by the children’s parents. Arizona law includes a statute that allows grandparents to seek visitation rights with their grandchildren even if a parent objects. Each of these types of situations will likely require the help of an experienced family law attorney. The lawyers at the Law Office of Daniel Hutto are experienced in handling grandparents rights cases and can explain the options that might be available to you based on the facts of your case.

Order of Protection (Restraining Order) – If you think you may need a protective order in Arizona, it’s important that you first know exactly what that means. An Order of Protection falls under ARS 13-3602 in Arizona and is served for the purpose of restraining a person from committing an act of domestic violence or harassment against another person or group of people. In most instances, petitions for orders of protection are first reviewed by a judge in Arizona, and most of the time, the judge will make his or her ruling on the same day. In Arizona, any court can both review a petition and issue an order of protection — but while you may be inclined to go to the court closest to you, an Arizona family law attorney with years of experience in orders of protection will have specific information on the court needed for your filing and if another active case, such as a divorce or child custody case, would require a specific court.

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*Disclaimer:The following resources are for informational purposes only and are provided by a third party. They are in no way endorsed, nor guaranteed service by the Law Office of Daniel Hutto PLLC. Contacting them and/or retaining their services is at your own discretion