Family Law Attorney In Mesa, AZ
Family law and its cases can have severe impacts on the lives of families. Cases range from the difficulties of a divorce case to the joy of an adoption proceeding. This area of law addresses the property rights of spouses, child custody, marriage, marital agreements, and court order modification. When you are addressing these legal cases, you need a Mesa family lawyer by your side to provide personalized legal care for your family’s unique situation.
Ellsworth Family Law, P.C.: Compassionate Family Law Attorneys in Mesa
At Ellsworth Family Law, P.C., we can secure the ideal outcome for your family law case. For the past 20 years, our firm has supported individuals and families through difficult family law cases, providing compassionate and experienced legal care.
We know how important the outcomes of these cases are to your future and the future of your children. Two of our attorneys are Certified Family Law Specialists, making us uniquely qualified to manage family law cases. Our legal team consists of three attorney partners, two legal paraprofessionals, and two paralegals. Together, we can provide thorough legal support in Mesa family law cases, helping you navigate a difficult case with peace and confidence.
In Mesa, the Family Department in the Maricopa County Superior Court is located at the Southeast Justice Center at 222 East Javelina Avenue.
Family Law Cases We Manage at Ellsworth Family Law, P.C.
Our family law specialists and legal team have significant experience in some of the following areas of family law:
Divorce
Getting a divorce is a hard personal choice to make, even when it is the right one. It is only made more difficult by the complex and costly legal process it involves. A divorce case frequently contains many different family law issues, including spousal maintenance, child custody, and division of property. In Maricopa County, there were 10,088 divorces in 2023.
Divorces can be filed on the grounds of an irretrievably broken marriage in Arizona if at least one spouse has lived in or been stationed in the state for at least 90 days. This 90-day requirement is part of the residency requirement, but there are other requirement timelines to consider. This includes the 60-day waiting period. This period is required after filing for a divorce before it can be finalized.
Filing on the basis of an irretrievably broken marriage is how you file a no-fault divorce in Arizona. No one has to be to blame to file a divorce, and for most marriages, there are no fault-based grounds for a divorce. However, if you have a covenant marriage, then there are grounds for divorce, like adultery. There are significant requirements to have a legally recognized covenant marriage.
Navigating a divorce and advocating for your interests in court is easier with an attorney. Steve M. Ellsworth is part of the American Academy of Matrimonial Lawyers as well as the International Academy of Family Lawyers, making our firm especially qualified to navigate the many family law issues involved in a divorce.
Property Division
Arizona is a community property state, meaning that both spouses have equal rights to nearly all the property obtained during their marriage, and these rights continue if they separate or divorce. This means that the court will divide all this property equally between spouses, regardless of misconduct.
Mediation
Mediation is an alternative dispute resolution method for divorce cases as well as other family law matters. By handling a family law case through mediation, families can avoid the stress, cost, and lost time of going to court. You and your spouse or co-parent can sit with a mediator, who can moderate discussions for a marital settlement, parenting plan, or other agreement. This also gives you more control over the outcome of a family law case.
Spousal Maintenance
Spousal maintenance is what the law calls spousal support or alimony. It is not included in every divorce, but it may be awarded if the court determines that the spouse requesting maintenance has insufficient assets to provide for their needs. The court may also award maintenance if the requesting spouse made significant contributions to the other spouse’s education or employment at the expense of their own career opportunities.
The goal of spousal maintenance is for the requesting spouse to become self-sufficient. If the court awards spousal maintenance, the amount is decided based on numerous factors, including:
- The length of the marriage
- The financial resources of each spouse
- The standard of living in the marriage
- Whether either spouse wasted or destroyed community assets
Since Mesa has a median income of $85,580, spousal maintenance can become a highly contentious issue.
Legal Separation
Legal separation is an alternative to divorce. It allows couples to separate their assets and make a parenting plan for children without being legally divorced. For some couples, this is a precursor to divorce until they meet the residency requirements for a divorce. Spouses can agree to get a legal separation if they meet the residency requirements for a divorce. Otherwise, a spouse can object, and the proceedings become a divorce.
Child Custody and Legal Decision-Making
In Maricopa County Superior Court, there were 2,137 case filings for custody and parenting time cases in fiscal year 2025. When parents divorce or legally separate, the court determines custody, which includes both legal decision-making and parenting time.
Legal decision-making refers to the right and responsibility of a parent to make important decisions for their child, including their education, religious upbringing, healthcare, and personal care. Parenting time is the scheduled time a parent has with their child, during which they are responsible for providing for their basic needs.
Prior to 2013, legal decision-making was referred to as legal custody, and parenting time was referred to as visitation. These changes were made to more clearly outline the different rights of each parent. The new definitions outline how parents can have joint legal decision-making but not have equal parenting time in clearer terms.
- Joint legal decision-making is when both parents are granted the right to make legal decisions for their child, and both parties have equal rights, although specific decisions might be awarded to different parents in a court order or judgment.
- Sole legal decision-making is when only one parent is granted legal decision-making rights.
Parenting time is more complicated, as the court may award equal or unequal parenting time, or sole parenting time to only one parent. The court may also award a parenting time schedule that allows for visitation.
All child custody decisions are made with the interests of the child in mind. Our firm has significant experience in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), so we understand the impact it has on custody decisions and parenting plans in our state.
The UCCJEA affects custody agreements if parents live in different states but have shared custody. When one parent moves with their children to a new state, the UCCJEA will determine what state has jurisdiction over the custody case.
Visitation
Visitation in Arizona is the scheduled time that a child spends with someone who is not their legal parent. This could include a grandparent or another relative.
Relocation
When parents with a custody arrangement move, there are additional complications. A parent wanting to move outside the state or more than 100 miles within the state must provide at least a 45-day notice to a parent with joint legal decision-making rights to their children. If both parents don’t agree on the relocation, the case must go to court.
Post-Divorce Modifications
When life circumstances change, divorce court orders could be modified to reflect those changes. Typically, modification is only for spousal maintenance, child support, or child custody. Each type of modification has its own unique requirements for when and why the order can be modified.
Premarital Agreements
A premarital agreement is created when fiancés create the agreement in writing and sign it. The document then becomes enforceable when they get married. This agreement determines the rights and responsibilities of each party to their separate and marital property, giving them more control over issues like how the property is divided in a divorce.
Other Family Law Cases
There are many other areas of family law that your case might cover. Other cases our firm handles include:
- Paternity
- Grandparent’s rights
- Termination of parental rights
- Step-parent adoption
- Adult adoption
- Appeals of family court orders
- Separation agreements
- Legal name changes
What Can You Expect in a Mesa Court Family Law Case?
When you have a family law case in Mesa, it can be stressful if you don’t know what to expect.
Your family law case is likely going to be held at the Southeast Justice Center, which is the Mesa location for the Maricopa County Superior Court Family Department. However, if you or another party in the case lives in a different jurisdiction, the case may be somewhere else. Review the summons or other court documents to determine when and where your case is. An attorney can help you determine the specifics of your case and help you prepare.
The court’s hours are 8 a.m. to 5 p.m. every weekday, and the exact time of your family law case will depend on the court’s availability and other factors.
Preparing for Court
It’s important to dress properly for a family court case, especially those involving child custody. While you don’t want to overdress, it’s important to pick professional-looking clothing. You should also prepare for court by knowing what information is going to be discussed and preparing emotionally for discussion about your case. Although these cases aren’t easy, it can help to talk through your strategy with an attorney.
Getting to the Court
When you get to the court, there is street parking, and parking is available to the south and east of the building. You will have to go through a security process at the Superior Court, which includes emptying pockets and placing any bags into a container for X-ray and removing metal items before going through a metal detector.
There could be an additional hand-wand scan, or a physical search of personal items. A hand-wand and physical search are also used for individuals who have pacemakers, are pregnant, have prosthetics, or are disabled.
Certain items are not allowed in court, including any weapons, video recording devices, knitting needles, wire, chains, toy guns, lock picks, cannabis, tools, nail files of a certain length, or flammable liquids.
Going to court can be a stressful experience, especially with so many formal procedures. Having an attorney by your side when you’re in court can make the experience less nerve-wracking and give you a clearer picture of what to expect upfront.
FAQs
Q: How Much Does It Cost to Talk to a Family Lawyer?
A: The cost to talk to a family lawyer depends on the attorney you work with, the legal services you need, your location, and other factors. When you hire a family lawyer, they generally charge an hourly rate, although some services might have a flat rate. A more complex case has higher costs. Attorneys with more experience in family law may have higher rates. However, they may also resolve your case more efficiently with their experience, meaning you pay less overall.
Q: Can I Get a Consultation With a Family Law Attorney in Mesa?
A: Yes, you can get a consultation with a family law attorney in Mesa. Nearly all family law attorneys offer consultations so that you can determine if an attorney is the right fit for you and get some understanding of your case options.
At Ellsworth Family Law, P.C., we offer flat-rate consultations for family law cases, including meetings with an attorney or a legal paraprofessional. In this consultation, we look over your information, answer questions, and discuss strategies.
Q: Can I Hire a Family Lawyer and Pay Later?
A: No, you usually cannot hire a family lawyer and pay later. Most family lawyers charge an hourly rate for their services. Some may charge a retainer fee, meaning you pay them upfront for a set number of hours. When you discuss your case with a family lawyer, it is important to discuss their fees so you know what to expect.
Q: When Should You Hire a Family Lawyer in Mesa?
A: You should hire a family lawyer in Mesa sooner rather than later in a family law case. Working with a lawyer sooner means they can assess your options and protect your interests from the start. If you hire a lawyer after the case has already started, there may be limitations on what an attorney can do. If you are filing for divorce soon, or want to begin an adoption, work with an attorney soon to plan the next steps.
Reach Out to Our Family Law Firm in Mesa
Family law cases can be emotionally and legally complex. That is why you need compassionate legal representation from skilled family law specialists. At Ellsworth Family Law, P.C., we can help with your family law case. Our team can guide you through each step of the process, working to protect you and your loved one’s interests. Contact our firm to schedule a consultation and learn how we can support you.
