Family Law Lawyer In Scottsdale, AZ
Family law matters involve nearly every area of our personal lives. These issues can range from marriage and divorce to parenting and financial support. Navigating these important and sometimes difficult matters can be complex and emotionally charged, which is why it is so important to have an experienced Scottsdale family law attorney by your side.
About Ellsworth Family Law, P.C.
Ellsworth Family Law, P.C., is a boutique family law firm founded in 2003. The firm was started by Steve Ellsworth, a Certified Family Law Specialist. Our partners also include Glenn Halterman, who is also a Certified Family Law Specialist, and F. Taylor Larson, who has handled a wide variety of high-profile family law matters and serves as a media correspondent on legal matters.
In addition to the three attorneys, the firm has two licensed legal paraprofessionals and a team of experienced paralegals. All our legal professionals can provide you with efficient and cost-conscious services. The firm has members in the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.
Divorce
Divorce and dissolution of marriage are perhaps the most common family law issues. Divorce can be one of the most complex areas of law, and there is more to it than simply ending a marriage. Arizona is a no-fault divorce state, so the only requirement is that your marriage be irretrievably broken. Disputes over property division, spousal maintenance, child custody, and child support are common in divorce cases.
It’s important to know the law, how the courts work, and the challenges that can arise. Our attorneys guide clients through contested or uncontested divorces. We protect their rights and work toward an outcome that advances their long-term goals. The marriage rate in Arizona is 5.6 per 1,000, and our divorce rate is 2.0.
Child Custody and Visitation
Determining child custody and parenting time can be one of the most delicate and contentious aspects of family law. Arizona family courts prioritize the best interests of the child when determining legal decision-making and parenting time.
These two issues are considered independently. This means a parent’s legal decision-making rights or powers are separate from their parenting time and visitation schedule. A court may limit one aspect without affecting the other.
If the parents live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines the state that has jurisdiction over child custody. We work with parents to design fair, enforceable parenting plans that promote stability and prioritize healthy parent-child relationships.
Child Support
Child support provides for the financial needs of children, whether their parents are married or not. Many factors are taken into consideration when calculating child support. Some of these include:
- Each parent’s income
- The needs of the child
- Healthcare costs
- Childcare costs
- Parenting time
Once an order is established, it is enforceable, but it can also be modified if there is a change in circumstances. Our attorneys can:
- Guide clients through these calculations.
- Argue for an order that is fair to their client.
- Assist with the enforcement of existing orders.
Clear and consistent child support arrangements provide for the best interests of children while considering the responsibilities of each parent.
Spousal Maintenance
Spousal maintenance is also referred to as alimony. It helps the lower-earning spouse who cannot financially support themselves soon after the divorce. The court may decide alimony based on the marriage’s length, along with each spouse’s:
- Income
- Job prospects
- Household and career contributions
- Age
- Health
For instance, a spouse who is older and within retirement age is likely to receive spousal maintenance from their higher-earning spouse, as it would be more difficult for them to enter the workforce, especially if they made other contributions to the other spouse’s career and business ventures.
Property Division
Arizona is a community property state. All property and debt acquired during the marriage is subject to equitable distribution. Assets and debts that could be considered community property include:
- Homes
- Rental property
- Businesses
- Retirement accounts
- Jewelry
- Vehicles
- Bank accounts
- Income
- Mortgages
- Credit card debt
- Loans
Any property acquired outside the marriage will likely be considered separate property. This includes anything either spouse had before the marriage. This may also include special circumstances, such as gifts and inheritances given to one spouse. Separate assets also encompass debts incurred by one person to the detriment of the other spouse or marriage, such as gambling debts or those incurred from an extramarital affair.
One of the major issues in property division during divorces occurs when assets and debts become commingled. For instance, if you placed the down payment for the family home using an inheritance you received before you got married, this can create confusion regarding who is entitled to what.
Complex property division may include business valuations, commingled assets, and undisclosed accounts. Our attorneys work with clients to reach a fair division of their assets while protecting their legal and financial interests during the divorce/separation process.
Adoption and Guardianship
Adoption and guardianship are legal processes in family law that create familial relationships between children and caregivers. Parents who adopt children grant them permanent legal status, while guardians obtain decision-making authority when parents are unavailable to look after their children.
Arizona maintains strict regulations for adoption and guardianship procedures, which include comprehensive documentation, background checks, and court validation to protect the child’s best interests.
Alternative Dispute Resolution
The vast majority of family law issues can be handled without long and expensive litigation. Mediation and arbitration are ways in which two parties can agree on how to resolve their problems, which typically reduces the time, stress, expense, and emotional turmoil of the legal process.
During mediation, a neutral mediator guides spouses or family members as they develop their own resolutions, while arbitration involves a neutral arbitrator deciding on behalf of one side after evaluating arguments from both sides. At Ellsworth Family Law, P.C., we counsel our clients through mediation and arbitration whenever it is practical to do so.
Grandparents’ Rights
Grandparents have rights in Arizona. For example, it is sometimes in the best interests of the child to award visitation. Grandparents can receive visitation rights if their child is deceased or divorced. They may also obtain visitation rights if the child was born to unwed parents. These cases are very fact-specific and require a good legal argument to be successful.
Paternity
Establishing paternity can protect a child’s legal rights, along with making sure both parents share in the rights to and responsibilities for the child. Paternity can be established voluntarily or by court action in Arizona. Genetic testing is often used to determine the legal father of a child. Once paternity is legally established, custody, parenting time, and child support can be determined.
Hire a Family Law Attorney
Family law matters have long-term effects. Each situation is emotionally complex and complicated. Your rights and interests can be properly protected when you work with a skilled Scottsdale family lawyer. Most Scottsdale divorce and family law cases are filed at the Maricopa County Superior Court.
In addition to navigating Arizona’s particular family law regulations and offering strategic advice, our attorneys represent clients in legal proceedings or through alternative dispute resolution. Professional representation provides understanding, security, and reassurance during these difficult times.
FAQs
How Much Does a Family Law Attorney Cost in Arizona?
The cost of a family law attorney in Arizona will depend on a number of factors, including the lawyer’s pay structure and how contested the issue is. Simple cases, such as uncontested divorces with no children, are typically more affordable. Custody battles, property, and spousal support disputes can drive up fees. Most lawyers charge by the hour, and costs will rise with the amount of negotiation, preparation, and court appearances needed.
What Is Rule 69 in Arizona Family Law?
Rule 69 addresses the concept of an agreement between the parties in family law cases. An agreement of the parties is where both parties to a family law case, such as a divorce or custody dispute, reach a settlement, either in writing or on the court record orally. It then becomes legally binding on the parties.
How Do I Choose the Right Family Law Attorney?
Select a family law attorney who has extensive experience in the field. Ideally, you should select one who is a board-certified specialist or handles nothing but family law cases, as these are often complex. You want to make sure you are comfortable with your attorney’s style of communication and work ethic as well, as family law cases can involve very personal issues.
Does It Matter Who Files for Custody First?
Generally, it does not matter who files for custody first because this fact alone will likely have no effect on the outcome of the case. Courts make custody and parenting-time decisions based on the best interest of the child, not on who files first. However, the first to file could establish the timeline of the case and set the issues to be decided by the court.
Contact Ellsworth Family Law, P.C.
Family law issues can be sensitive matters. You need a lawyer you can trust. Ellsworth Family Law, P.C., can handle your case with the care it needs. Contact us today to learn more.
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