Family Law Lawyer In Paradise Valley, AZ
Family law cases are some of the most personal and stressful that a person can encounter. We understand that you need an attorney you can trust for such an important matter. If you are looking for a skilled Paradise Valley family law attorney, Ellsworth Family Law, P.C., can help you fight for your rights and your family’s future.
About Ellsworth Family Law, P.C.
Ellsworth Family Law, P.C., is a small firm that exclusively practices family law. Our attorneys have been handling complex family law cases for over 20 years. The founding attorney, Steve Ellsworth, and Glenn Halterman are Certified Family Law Specialists, which is a rare designation in Arizona. Mr. Ellsworth is also a member of the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.
Our other partner, F. Taylor Larson, has extensive experience in high-profile cases, and he is a frequent commentator in the media. Four paralegals, two of whom are licensed legal paraprofessionals, assist our attorneys and can provide low-cost legal representation in court.
Understanding Family Law
Family law deals with the legal issues that affect family relationships, rights, and obligations. In Arizona, family law includes, among other matters:
- Divorce
- Child custody
- Child support
- Spousal maintenance
- Paternity
- Adoption
These cases are mostly governed by the Arizona Revised Statutes (A.R.S.) Title 25, which outlines the laws for marriage and other related domestic situations.
For instance, A.R.S. §25-403 specifies that courts award child custody and parenting time based on the best interests of the child, regardless of who files first or who has decision-making authority.
Due to the nature of family law, a Paradise Valley family lawyer can provide an understanding of the process. They can also explain the relevance of each statute to your situation.
Divorce
One of the most common reasons for people to hire a family lawyer is to seek a divorce. Divorce is the legal ending of a marriage. The term for divorce in Arizona is the “dissolution of marriage.” When you hire an attorney for a divorce, it’s not just your marriage that will be affected. You may have property, children, and financial issues to work out as well. There are several different types of divorces, including:
- Complex divorce. Divorce is more than just splitting up belongings. High-net-worth divorces, owning a business together, or contesting a prenuptial agreement can make the process extremely complicated. Complex divorces can involve working with extensive financial documents, valuing assets and debts, dividing business ventures, and managing commingled assets.
- Military divorce. Divorce presents special difficulties for military families because of deployment timelines, jurisdictional concerns, and military pensions.
- Post-divorce modifications. Life changes after divorce, so it is sometimes necessary to modify court orders. Post-divorce modifications include changes to child support, custody, or spousal maintenance arrangements.
The marriage rate in Arizona is 5.6 per 1,000 population. However, the divorce rate is 2.0 in this state.
Property Division
Arizona is a community property state. In most circumstances, this means marital assets are divided evenly between the two spouses. However, the state seeks to achieve a fair settlement, so this may not always result in an even 50/50 split. Some common assets that are subject to property division include:
- Real estate, including residential and rental properties
- Retirement accounts
- Business accounts
- Personal property, such as furniture and jewelry
- Debts, such as mortgages and business loans
Certain assets and debts may not be subject to property division, such as:
- Gifts given to one spouse
- Property acquired before the marriage
- Debts incurred that negatively impacted the marriage by one spouse’s actions, such as taking out a loan to fund expenditures with an affair partner
Alimony
Spousal maintenance, also known as alimony, can be awarded if a spouse needs financial support. In Arizona, alimony is not automatic. Rather, it is determined by a number of factors analyzed by the court to make an appropriate ruling. Some of these include:
- The length of the marriage
- Each spouse’s contribution to the marriage
- One spouse’s contribution to the other’s professional endeavors
- The age of both spouses
- Employment history
- Earning capacity
- The physical and emotional conditions of each spouse
- Each spouse’s financial resources
- Any history of negligent spending habits, such as excessive spending or gambling
Due to these factors, alimony can be one of the most contested and contentious areas of divorce. An attorney can analyze your case and the surrounding facts. Then, they can fight for an appropriate outcome for you.
Child Support
Child support helps provide for children’s needs after their parents separate. Arizona has guidelines based on both parents’ incomes, parenting time, and other expenses. The guidelines formula is the start of the determination process, but it typically leads to disagreements. Differences arise over whether an expense is necessary or if adjustments should apply. Lawyers can make sure child support orders are fair and legally enforceable.
Child Custody
One of the most sensitive subjects regarding divorce is child custody, especially when parents cannot agree on what is right for the child. Parenting time and legal decision-making authority are the two components of custody in Arizona. One parent may be given primary responsibility, or both parents may be granted joint custody.
Additional Issues in Family Law
Family law covers more than just divorce and custody-related issues. These laws address numerous family law matters, including:
- Grandparents’ rights. In Arizona, grandparents may petition for visitation rights in specific circumstances, like parental divorce or death. Courts evaluate such cases with the child’s best interest in mind.
- Paternity. Determining the father of a child has several benefits for both parents. If the father’s name is on the birth certificate, then he and the mother both have legal rights to child support, custody, and visitation. Paternity can be established by signing a form or through a court order.
- Legal name change. People who seek to change their names because of personal or professional matters need a court-ordered legal name change. An attorney can make the process smoother by assisting with the paperwork and required court proceedings.
- Legal separation. Some couples may opt to have a legal separation instead of or prior to divorce. Even if a couple separates, they will still have to address asset division and child custody.
- Adoption. Adoption can legally create a parent-child relationship. The process of adoption can be joyful but also full of legal challenges. You must meet your state’s legal requirements to complete an adoption.
Why Hire a Family Law Attorney?
It is rare that family law issues are simple. Instead, they tend to be complex, with ever-changing and evolving laws. When you hire a family law attorney, they can explain the law and your rights.
If you reside in Paradise Valley, your family law matter will likely be addressed in the Maricopa County Superior Court, which is where we handle most of our family law cases. An attorney familiar with the local courts can explain that court’s nuances, the judges, and what you can expect in the process.
In addition to representation in court litigation, an attorney at Ellsworth Family Law, P.C., can assist in mediation and arbitration. These are alternatives to court that allow you to resolve issues without the time, money, and tension that often come with court family law cases.
FAQs
Is It Worth It to Get a Family Lawyer?
Yes, it is worth it to get a family lawyer. It is especially recommended to get a family lawyer if you have contested issues regarding divorce, child custody, alimony, child support, or property division. A lawyer can:
- Advocate on your behalf.
- Inform you of the law.
- Make sure you meet all the requirements for your specific issue, such as filing all appropriate paperwork on time.
When Should I Get a Custody Lawyer?
You should hire a custody lawyer if custody is contested, the other parent has a lawyer, or there are complex issues, such as relocation or interstate custody under the UCCJEA. A lawyer can clearly state your case, focus on the best interests of your child, and argue for parenting time and decision-making arrangements that preserve your relationship with your child.
Who Is More Powerful, a Lawyer or an Attorney?
In the United States, “lawyer” and “attorney” are often used interchangeably, but there is a difference. Both refer to an individual who has been authorized to practice law, but an attorney can also represent clients. Also important is the attorney’s experience and area of law. For instance, having a Certified Family Law Specialist can be a crucial advantage for more complex or high-asset family law cases.
How Long Do Family Lawyers Work?
Working hours vary among family lawyers due to the nature of their cases. Cases that involve high-conflict issues or urgent matters, such as emergency custody hearings, may demand additional time and flexibility. Family lawyers who are passionate about the field and work diligently are committed to helping clients navigate difficult and emotional situations.
Contact Ellsworth Family Law, P.C.
Family law matters are deeply personal. Ellsworth Family Law, P.C., understands this emotional dynamic, so we can work to provide confidence and reassurance on the issues that matter most to you. Contact us today to speak with a representative.
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