Family law is one of the most emotionally challenging areas of law. Although domestic disputes are often addressed in the courtroom, spouses and parents have the option to resolve their differences outside of court. At Cohen Family Law, we recognize the unique nature of every family law matter that comes through our doors. That’s why we develop a personalized strategy for each client we represent. Find out today how our team can serve you and your family.
Cohen Family Law Practice Areas
Divorce
Divorce is the termination of the marriage between two spouses. Arizona is a no-fault divorce state, meaning that one spouse can file for divorce on the grounds that there are irreconcilable differences between the parties and that the marriage is irretrievably broken. To file for divorce in Arizona, one of the spouses must have lived in the state for at least 90 days. This is known as the jurisdictional requirement.
Divorce only dissolves the legal relationship of marriage. Spouses must still resolve other issues such as child custody, child support, spousal maintenance, and division of marital assets. Your divorce can either be contested or uncontested, the main difference being whether the spouses have reached an agreement on the aforementioned issues.
Legal Separation
Arizona recognizes legal separation, which is similar to divorce. To request a legal separation, one of the parties must meet the jurisdictional requirement and must assert an irretrievable breakdown of the marriage or a desire to live separately and apart from the other.
Legally separated spouses must work out details related to custody and other matters arising out of the marriage. Unlike divorced ex-spouses, legally separated spouses are still married to each other. Compared to divorce, a legal separation may be preferable for these reasons:
- The spouses are not absolutely sure they want to divorce each other
- One of the spouses wants to continue receiving benefits arising out of the marriage relationship, such as remaining on the other spouse’s insurance plan
- Religious or personal reasons that make divorce undesirable
Spouses often view legal separation as a trial run to see whether they want to give their marriage another try. Our law office can petition for legal separation and help you draft and execute the separation agreement.
Child Custody, Visitation, and Child Support
Separated parents, whether married or not, must decide how child custody will be shared and how child support will be paid.
Child custody includes (a) the amount of time the child will spend with both parents and (b) how the parents will share decision-making for major issues such as education, religious upbringing, and healthcare decisions. For those reasons, Arizona refers to child custody and visitation as legal decision-making and parenting time. Courts tasked with deciding custody and visitation will consider the following (among other criteria):
- The relationship of each parent with the child
- Any history of domestic violence or child abuse
- The physical and mental health of all parties
- The child’s preference, if he or she is old and mature enough
If the parents can resolve legal decision-making and parenting time between them, the court will usually approve the agreement if it’s in the child’s best interests. If a plan cannot be worked out, the judge will have to make a decision.
Child support is calculated according to set guidelines that take the following (among other factors) into account:
- The income of both parents
- How much it costs to care for and raise the child
- The child’s living expenses
- Whether either parent has other orders for child support
- Transportation expenses related to caring for the child
Parental Rights
Fathers often have to fight to establish the paternity of their children so they can enjoy their rights to custody or visitation. In other cases, mothers seek to prove who exactly the father of the child is so child support can be ordered. These and related concerns fall under the broad category of parental rights. A man is generally presumed to be the child’s father in these scenarios:
- He was married to the child’s mother when the child was conceived
- He was listed as the father on the child’s birth certificate
- He has legally adopted the child
- He has filed a claim as the alleged, or putative, father
- He has been proven to be the father with at least 95% accuracy in a DNA test
Whether you are the father or mother seeking to determine a child’s paternity, our office can help. We can also assist in actions to sever or terminate parental rights.
Spousal Maintenance
Known in other states as alimony, spousal maintenance exists to help a spouse financially support her- or himself after separation and divorce. To be eligible for spousal maintenance, it must be determined that one spouse needs it and the other has the ability to pay it.
In deciding whether to award spousal maintenance and in what amount, a court will examine:
- Whether one spouse maintained the marital home while allowing the other to advance in his or her career
- Whether one spouse contributed to the education of the other
- Whether the spouse requesting maintenance has the assets or resources to be self-sufficient
- Whether the spouse asking for support can obtain reliable employment
- How long the parties were married
- The spouses’ accustomed standard of living during the marriage
- The ages of both spouses
- Both spouses’ marketable skills and employment history
Property Division and Debt Division
The division of property and debt during divorce can cause significant tension between the spouses. Arizona is a community property state, which means all assets acquired during the marriage (the community property) is owned equally by both spouses. The same is true for debts. If the spouses cannot agree on how to split assets and debts so that both receive an equal share, the court will need to.
Courts are often asked to determine whether an item of property or debt is marital or separate. “Marital” generally includes property acquired or debt incurred during the marriage, while “separate” refers to anything obtained before the marriage or after the date of legal separation (plus other special categories like inheritances).
Mediation
Instead of litigating a divorce in the courtroom, the spouses can choose to resolve their differences using mediation. This is an out-of-court process by which the two parties negotiate how child custody, property division, and other matters will be handled.
During mediation, a neutral third party known as a mediator helps the parties by facilitating productive discussions and encouraging compromise. The mediator cannot decide for the spouses how their various issues will be resolved, nor does the mediator give legal advice. You should therefore have legal representation during your mediation so you can understand your rights and the consequences of the proposed settlement terms.
Our attorneys serve as both mediators and legal counsel to a mediating spouse or parent. We are happy to explain some of the potential benefits of mediation versus courtroom litigation, such as:
- Saving time, money, and stress
- Allowing the spouses or parents to settle their issues on their own terms
- Devising creative solutions that a judge may not be inclined to consider
- Paving the way for future productive communications between the parties
Contact Our Phoenix Family Law Attorney
Cohen Family Law handles a number of other issues such as adoption, domestic violence, and modification of prior court orders. Our office is able to represent and advise you in any family law matter that affects you, your spouse, your child, or the child’s other parent. To find out more about how we can assist you, give us a call today at 602-362-8320.
Cohen Family Law services clients with their family law needs throughout the Phoenix, Arizona area including Anthem, Chandler, Gilbert, Glendale, Goodyear, Laveen, Mesa, Peoria, Scottsdale, Surprise, and Tempe.
