Family Law FAQs

Yes. Although this case did not involve a child, in in re Cortez, 247 Ariz. 534 (App. 2019), the Arizona Court of Appeals recently held a Court could not reject a name change simply because it is requested for a gender transition. Further, the Court pointed to a Virginia case that held a gender transition is a valid basis for requesting a name change. 

Like any other name change for a child, the issue will turn on whether the proposed name change is in the child’s best interests.  

Yes, it applies to both first and last names. Although parents more commonly are disputing the child’s last name, the law equally applies to first names and uses the same standards. 

That was the issue in Munguia v. Ornelas, 253 Ariz. 549 (App. 2022), where the Father asked for the child’s first names to also include the Father’s requested first name. The trial court granted his request, and Mother appealed. The Arizona Court of Appeals held that the Pizziconi factors apply to both first and last names, analyzed those factors, and then upheld the trial court’s order.  

Yes. The law requires you notify anyone who may have an interest in the name change. That would include a biological parent whose rights have not yet been established.

Probably not. If the other parents’ parental rights are still intact, a Court will likely view the requested name change as being contrary to the child’s best interests because it could be viewed as attempting to harm the relationship the child has with a legal parent. Remember one of the Pizziconi factors is the effect the change has on a relationship with each parent. While we recognize that, in some cases, a stepparent has become vitally important to the child’s life and is more of a parent to the child than the actual parent, the law is not going to put a stepparent on the same level as a legal parent.

The Court must look at whether the name change is in the best interests of the child. A.R.S. § 12-601(B). To aid in that, the Arizona Court of Appeals has come up with five factors known as the Pizziconi factors. They are as follows: 

1. The child’s preference
2. The effect a name change would have on preserving and developing the relationship with each parent 
3. The length of time the child has borne a given name 
4. The difficulties, harassment, or embarrassment that the child may experience from bearing the present or proposed name 
5. The motive of the parents and the possibility that the use of a different name will cause insecurity or a lack of identity 

The Court must also consider certain items under A.R.S. § 12-601(C), which are aimed at ensuring the name change is not being filed for a fraudulent purpose (and, honestly, are more geared for adults who want to change their name). These elements include whether the person requesting the change has a felony background or is facing felony charges for making a false statement or false identification.  

Then you can ask the Court to change it. You do so by filing a Petition for a Name Change with the family court. You can also bring a name change as its own petition or as part of a legal decision-making or parenting time proceeding. 

Yes, a child’s name can be changed. Any changes to the child’s name either need to be agreed upon by the parents or ordered by the Court.

Not necessarily. The law does not require that the child bear the father’s last name. If you want the child to bear your last name, you will need either a Court order or the agreement of the other parent.

In Pizziconi v. Yarborough, 177 Ariz. 422 (App. 1994), the Arizona Court of Appeals rejected the idea that a child must bear a father’s surname and adopted the reasoning from the Supreme Court of Utah that because these are now times of parental equality, it is no longer automatic that a child bears a father’s surname. Instead, the issue must be decided on in the child’s best interests.  

No, the authority to change the child’s name is not included within the legal decision-making authority. You will need either a Court order or the agreement of the other parent.

Yes, you can, provided your situation meets all the requirements of A.R.S. § 25-409(A) and (B). This was the situation in Hustrulid v. Stakebake, 516 P.3d 18 (Ariz. Ct. App. 2022) where the biological father’s rights were terminated and the children were adopted by his sister. Despite express its reluctance to do so, the Court of Appeals nonetheless found that his petition was not barred by A.R.S. § 25-409. Id. at 23-24 ¶ 14. If you do file, though, be aware that because your parental rights were terminated, the Courts may look skeptically at your petition.

No. This was the case in Greenbank v. Vanzant, 250 Ariz. 644 (App. 2021). In that case, the father was killed in a car accident, and his mother requested and was granted visitation. Unfortunately, the mother was determined to avoid the Court order at all costs. Days after the order came out, she, without informing the grandmother, moved the child to Canada and continued to defy the court order. Eventually, she filed to modify the order in Canada. The Court of Appeals found that because Arizona’s jurisdictional statute states that Arizona only keeps jurisdiction so long as a parent or child remains in the state, Arizona lost jurisdiction over the modification. But the Court of Appeals still had jurisdiction to hit the mother with attorney’s fees, which it gladly did.   

No. In Egan v. Fridlund-Horne, 221 Ariz. 229, 241 ¶ 45 (Ariz. Ct. App. 2009), a trial court awarded the non-parent equal visitation rights, meaning the child was with the mother half the time and the non-parent half the time. The Court of Appeals struck this down, finding, “as a matter of law” (i.e., the law requires this result), that the equal visitation order was reasonable because the award was custodial in nature, and a non-parent cannot use the visitation statute to gain custodial rights.

Such an award also would far exceed what is permitted in a visitation order by In re Borja’s minimal intrusion standard.

You do not have that right automatically, but, as long as your situation fits one of the categories of A.R.S. § 25-409(C), you can petition the Court to grant you visitation. But, in doing so, the Court must give the parent’s decision to grant or grant you visitation special weight?

If the parents are fit parents, then that is their decision to make, and you do not have a say in the matter.

No. In Hustrulid v. Stakebake, 516 P.3d 18, 25 (Ariz. Ct. App. 2022), the Court of Appeals held that a third party cannot share joint legal decision-making with a parent.

Under current case law, no. Borja was quite clear that a Court cannot order a parent to facilitate phone calls with a child.

That would exceed the minimally intrusive standard set forth in in re Borja. Visitation orders are supposed to intrude upon a parent’s rights with the child as little as possible.

Legal decision-making and placement are custodial rights; if granted, Grandparents would be taking custody from the parents. Visitation is asking to spend time with the child.

The law does not define it, and Hustrulid v. Stakebake, the Court of Appeals declined to define it. From context, it is clearly a right akin to parenting time, and more precisely, akin to being designated primary residential parent or being named the guardian of a child. But the Legislature has purposefully withheld the use of “parenting time” from the statute, suggesting that this right, while similar, is less than the right of parenting time. All that said, the simplest explanation for placement is that it is similar to having guardianship of a child.

OK, this might be a question only attorneys would ask, but there’s a reason why we ask it, and that reason is A.R.S. § 8-117. That law states that when a child is adopted, the law will treat that child “as though the child were born to the adoptive parent in lawful wedlock.” That was the issue in Sheets v. Mead, 238 Ariz. 55 (App. 2015) where a lesbian couple had been foster parents to a child. They intended to raise the child together, but because same-sex marriage was not legal at the time, only one of them could adopt the child. Thereafter, they broke up, and the adoptive mother blocked her former partner from seeing the child. Her former partner filed for third-party visitation on the basis that the child was not born in lawful wedlock. The Court of Appeals held that when a child is adopted before a visitation petition is filed, a third party cannot bring a visitation petition on the basis that the child was born out of wedlock. Sheets v. Mead, 238 Ariz. 55, 58 ¶ 16 (App. 2015). That ruling was, for obvious, widely viewed as unjust. The Legislature has since responded by changing the law to override Sheets by introducing A.R.S. § 25-409(I), which provides, “For the purposes of this section, a child who is adopted may be treated as if born in lawful wedlock only if the child is adopted jointly by parents who are married to one another as provided in section 8-103, subsection A.”

Only in limited circumstances. Once three months have passed since the divorce, the child’s grandparents have this option at any time. As for everyone else, a strict reading of A.R.S. § 25-409(C) would suggest that persons other than grandparents have a limited one-time opportunity to file for visitation—and that is at the time the parents are getting divorced, and even, only if the person qualifies as in loco parentis, meaning they have a parent-like relationship with the child. This again would be a strict reading of the statute; it is possible courts may not read it as strictly.

No. The Legislature has opted to not permit that.

This is defined by statute. A.R.S. § 25-401(4) reads, “‘Legal parent’ means a biological or adoptive parent whose parental rights have not been terminated.  Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814.” Under this definition, the biological father may not necessarily be a legal parent. How he becomes a legal parent is complicated and not something worth discussing here. In short, if the biological father is not on the birth certificate and has not filed to establish paternity with the court, he is likely not a legal parent. Also, be aware if the mother was in a same-sex marriage at the time of the child’s birth, chances are that her wife is a legal parent.

None. Grandparents have the same rights as any other third party with the exception they can file for visitation for a child who was born into wedlock once their parents have been divorced for three months. In all other contexts, their rights are the exact same as any other third party.

The reason for this finds its origins in Finck v. O’Toole, 179 Ariz. 404, 407 (Ariz. 1994). In that case, the mother had a child two months before she married her husband. He and his family believed he was the father of the child. Although she knew differently, she never told him or his family until she initiated the divorce proceedings. At the time of the divorce proceedings, the child was living with and had a very close relationship with the husband’s parents. They filed for visitation. The Arizona Supreme Court held they could not seek visitation rights under the statute as it was then written because at the time visitation was limited, by statute, to non-custodial parents, grandparents, and great-grandparents. The Arizona Supreme Court, therefore, concluded that all other individuals were precluded from seeking visitation because the Legislature had not authorized anyone who was not a biological relative to file for visitation.

In a special concurrence, Chief Justice Zlaket wrote a scathing rebuke of the majority’s reasoning, arguing that it was far more likely that Legislature did not fully consider the issue rather than purposefully omitted step-grandparents. He then called on the Legislature to rectify the situation. His words are worth consideration:

There is yet another reason why these questions cry out for legislative clarification. In this case, for example, everyone except the mother was under the impression that the stepfather was the natural father of the child until the divorce was filed. The step-grandparents had taken care of and bonded with this child, believing all along that he was their flesh and blood, only to have a cruel trick played on them which now results in the harsh reality that they may be unable to see him again. Under our decision today, the same result would presumably be reached if a “father” in such a situation sought visitation with a child he thought was his and had raised as his own. Thus, it might be argued that all fathers, married or unmarried, would be well-advised to get blood tests before emotionally investing in relationships with children who might later be completely taken from them. And, stepparents should be cautioned at the outset about the emotional risks of getting close to the children of their spouses. The same dangers face step-grandparents and great-grandparents who dare to engage in such meaningful relationships. All of this seems ludicrous to me, particularly at a time when we so often lament the loss of family ties and values. Id. at 408-409.

Chief Justice Zlaket’s words clearly detailed an incredibly large problem with he law as it then existed. The Legislature responded to the Finck rule by expanding the class of individuals who may seek visitation rights. The limits now are not so much a matter of who may file, but rather limitations on when one might file and when the Court may grant visitation.

No. We hear this one a lot, and we know many litigants (particularly men) worry about this. This is not something to be concerned about. Judges, regardless of gender, strive to apply the law in a neutral way. In our experience, the judge’s gender does not make a difference in the outcomes of cases.

No. Spousal maintenance is applied in a gender-neutral fashion.

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You are ordered and have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

It is possible for a new caretaker to get child support through a process called a Transfer of Support Rights. This process transfers the support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days and both parents under the current child support order will be notified about the change in payments.

You have a few options such as filing a petition, or you can request an assignment order under A.R.S. § 25-323 and § 12-2454.

If you take the petition route, you will file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the petition if you choose to hire an attorney to draft your petition.

If you take the assignment order route, you will request an Income Withholding Order for Support. The court form is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount through the Arizona Clearinghouse to get to you.

We always recommend using the Arizona Clearinghouse for support payments to ensure tracking is available in the future if needing to provide a timeline of payments or lack thereof.

Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families.

There are several factors that determine what state needs to review a potential modification. You should start by requesting a modification review with the child support agency that oversees your current order. If you do not have a case with DCSE or another agency, you will need to consult with the court or a private attorney.

Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order or you can ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent.

A parent has the right to request a modification of their child support order. The Division of Child Support Enforcement (DCSE) can help you determine if you qualify for a modification. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a material change that is ‘substantial and continuing’ that would change the amount of your order by 15% or more.

Usually, the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st.

No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven, unless the parties agree in writing to the modification.

A parent can ask the court for a modification to child support at any time. However, it must be shown there is a material change in circumstances before it is modified or terminated.

Yes, both parents’ incomes are needed to calculate child support. At the outset of case, if you do not how much the other parent is making, you can estimate it. The other parent should provide you with their income information.

Under Arizona law, a parent must go to the Superior Court of Arizona and File a Petition to Modify Child Support. Once the Petition is filed, it must be served upon the other party.

A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in childcare, health insurance, day care costs, etc.

Yes, child support is ordered in every Establishment of Paternity case.

Like childcare costs, you can include tuition costs, but the judge decides whether to include it in the calculation.

You can, but the judge does not have to include it in the final child support order. The law gives judges the option of including childcare expenses, but many judges choose not to include them.

No. Child support is for minor children (under 18) only. There is an exception for when child has such severe disabilities that the child is unable to support themselves.

No. When SSDI received for the child is greater than the child support amount, no child support is ordered.

Yes, if the yearly bonus is listed on your W-2 or K-1, it is considered income.

Most likely not. The Guidelines are clear that we don’t require parents to have an “extraordinary work regimen” in order to pay child support. In those instances, the Court generally only counts income from your first job although the second job may count if the Court finds that money was historically earned.

It will. The other parent gets a credit for children they financially provide for from other relationships.

Yes, Child Support must be ordered by the Court, even if the ordered amount is $0.

The simplest way to do it is by the number of nights they spend at the home of the non-primary parent. For example, if the schedule says Father gets every other weekend from Friday night to Sunday night plus two weeks of vacation each year. Then Father is getting two days every other weekend (as there are 52 weeks in a year, he gets 26 two-day weekends for a total of 52 days) plus the two-week vacation, which adds 14 days (but we presume two of those days would have been counted as his anyway, so we only add on 12 days). He gets a total of 64 days.

Your employer or insurance company will be able to give you a copy of the plan premiums. Take the total cost of the monthly premiums with the children on it and deduct the cost of your monthly premium (and any other members on your plan) and that will be the amount you pay in medical insurance.

If there is a case pending, you can use legal discovery options to find out this information. You can send the other parent formal requests under the Court rules that they must provide the information to. These are usually in the form of Uniform Interrogatories or Requests for Production asking them to disclose how much they make. You can ask that they provide you with their tax returns, bank statements, W2’s, 1099’s, K-1’s, and pay stubs. If they are employed, you can also subpoena their employment information from their employer.

You can ask for it. Most court orders require the parties exchange income information to recalculate child support every 24 months (about 2 years). If you were to file to modify, the other parent is also required to give this information.

The amount of parenting time days you have is the single biggest factor in child support. If the two of you have not agreed on a Parenting Plan, then what the Court orders in terms of parenting time will have a significant impact on child support.

If you are going through a divorce, and one spouse is seeking spousal maintenance, the outcome of that figure will impact child support, as it will decrease the paying spouse’s income for child support purposes and increase the receiving spouse’s income.

The most common mistakes are not having the precise numbers, particularly when it comes to the other parent’s information, such as how much they make, how much they might be paying in health insurance, or child support for other children.

Personal property includes personal items, like your clothes, your wallet, purse, jewelry, furnishings, etc.

Social security is not divisible in an Arizona divorce. The divorce court is a state court, so it cannot divide a federal benefit like Social Security. But if it is a marriage of 10 years or more, the lesser-earning spouse may qualify at retirement age to draw Social Security from the other’s spouse Social Security earnings.

A Preliminary Injunction protects both parties during a pending divorce. It prevents people from taking certain actions to remove property or children from the Court’s jurisdiction. It also prevents certain other actions that spouses sometimes undertake to hurt their spouse in a divorce proceeding.

You and your spouse can agree to divide the property however you want as long as your division is fair. But if a judge divides it, they are going to divide it “equitably.” That means you each get one half of the community property, unless the Court finds such an equal division would be “unfair” to either party.

The marital community starts on the date of marriage and ends on the day the Petition for Dissolution is served, provided the divorce is finalized with that Petition.

The phrase “marital community” describes everything the community owns or owes. (assets and debts)

Community property is any asset or debt either spouse acquired during the marriage. It includes houses, businesses, retirement accounts, stocks, bank accounts, credit card debts, student loans, HELOC’s, intellectual property, etc. The exceptions to community property are any property acquired as an inheritance or as a gift. If a prenup or postnup was signed, the spouses may have opted out of the community property laws altogether. Additionally, certain federal law may prevent state courts from dividing certain assets, such as a military disability pension or Social Security benefits.

Any property that is community will be divided during the divorce. Community property is any property or debt that was acquired by either spouse during the marriage—with some exceptions. That means that pretty much anything you acquired during the marriage, asset or debt, will be divided as part of the divorce proceeding.

The Court sets a Status Conference whenever it wants to either get an update from the parties or wants to discuss an issue. Some common reasons why a Court sets a Status Conference is to speak to the parties after they attempt mediation, to discuss any problems that have arisen related to custody, to resolve a discovery dispute, or to simply check in with the parties and see if there’s anything the Court can do to move the matter along.

The RMC is the judge’s introduction to a divorce matter. The judge is essentially being introduced to the case, hearing each side’s positions, and determining what steps are next. Frequently, judges order the parties to take some steps toward settlement. Less frequently, the judge may set the matter for trial.

No, you cannot stop the divorce, but you can attempt to prevent it. The Court allows you to file a one-time Petition for Conciliation Services that pauses the divorce while you and your spouse have a one-time meeting with a counselor to see if your marriage can be saved.

Your spouse can move for default, and if successful, your spouse will get everything they requested in the Petition.

You have 20 calendar days from the date you were Served the Petition. If you were served outside of Arizona, you have 30 calendar days.

The Response to a Petition for Dissolution is the first filing made by the person who is listed as the Respondent. The Respondent admits or denies the allegation in the Petition. The filing of the Response prevents the Respondent from being defaulted and puts each party on notice of what the issues will be in the divorce.

No, you do not need to serve your spouse. Because your spouse filed a Response, your spouse has admitted to receiving the paperwork, negating the need for service.

You have 120 days from the date you filed the initial divorce documents to complete service.

You have three options:

1. You can hire a private process server or sheriff’s deputy to serve them.
2. You can send the paperwork to them via certified mail, but you must restrict delivery to your spouse.
3. You can provide them the paperwork, but they must sign in front of an Acceptance of Service in front of notary for this to count.

For each option, proof of service must be filed with the Court. A process server will do that for you if you use a process server. If you use certified mail, you need to file the proof of service with the Court. If your spouse signs an Acceptance of Service, that Acceptance of Service needs to be filed with the Court as well.

After you file for divorce, your next step is to serve your spouse with the paperwork. Your spouse needs a copy of everything that was file, including the Petition, Summons, Preliminary Injunction, Notice Re: Creditors, Notice Re: Health Insurance, and, if children are involved, the Affidavit of Minor Children and the Parent Information Program document. Additionally, any other notices or motions you filed at the same time should be included in the package to be served on your spouse.

Yes. Child support and spousal maintenance do not get suspended because of an appeal. You have an ongoing obligation to pay those amounts. If the appeal changes the order, you will receive a credit for any amount you overpaid.

Typically, an appeal takes anywhere from nine to fifteen months to receive a decision.

You file a Notice of Appeal in your existing case in the Superior Court. The Superior Court will then notify the Court of Appeals. You will also be responsible for getting a transcript of the trial (and any other hearings you want the Court to consider) transcribed and filed with the Court of Appeals. The Court of Appeals will notify when your Case Management Statement and Opening Brief are due.

You have 30 days from when the ruling becomes final. A ruling becomes final when no more issues are pending before the Court. But, some rulings may become appealable (regardless of whether other issues are pending) if the Court certifies its ruling under Rule 78(b). Certain post-trial motions, such as a Motion to Alter or Amend, can extend the deadline.

Finding the right attorney will give you the best chance to win your family appeal. You need an attorney who has appellate experience. Appeals are one of the most complex procedures of the court system, and it is imperative to have an experienced attorney to help you with your appeal.

No. An appeal is not your only option. And most likely, it is not even your best option. Typically, you should attempt to remedy the situation by filing a post-trial motion before pursuing an appeal.

You can motion the court to alter or amend its ruling, clarify its ruling, and reconsider its ruling. You can also appeal the decision. But, the clock is ticking on those options. Consult with an attorney as soon as possible to learn about your options and to determine the likelihood of success.

The best time for your first meeting with an attorney is before you have decided to divorce.  An attorney can provide you information about what might happen in a divorce and help you make an informed decision. We’ve seen too many people rush into a divorce without considering what their life might look like afterwards.

That said, when you are in that stage, what attorney you meet with to get that information is critical. Some attorneys use their consultations as a sale pitch. Worse, others use it to scare you or pressure you into making a decision you may not be ready for.

At State 48, we do not believe in those approaches. We believe it is our job to provide you as much information as possible and let you decide. Seeking a divorce is a deeply personal decision, one of the biggest decisions you will ever make—and it is your decision. We do not want to make the decision for you.  But we are happy to help you understand the potential outcomes and how to protect yourself if you decide to divorce.

You should talk with an attorney before filing for divorce. A divorce is such a big decision, and so much is on the line for the people going through a divorce that an hour spent consulting with an attorney is time and money well spent, provided that you are meeting with an attorney who is focused on providing information and advice to you.

One advantage of meeting with an attorney prior to filing is to understand what potential outcomes you might be looking at and what you can achieve in litigation. Some people take positions in the initial divorce filing that hurt their chances of achieving what they want down the road.

There are many reasons it takes so long to get divorced. First, every Arizona divorce requires a 60-day, “cooling off” period. The 60-day clock starts on the day the initial divorce documents were served. A divorce lasts longer than the 60-days when spouses cannot agree on how to settle issues such as assets and debts. Additionally, some issues, such as child custody, spousal maintenance, or dividing a successful business can be highly complex, and often require the input of experts. Divorces also last longer when one or both spouses act or take unreasonable positions.

A divorce becomes official in Arizona when a judge signs the final decree. The judge will divorce you either in paperwork called a “Consent Decree” (used where the spouses agree to all terms of the divorce) or “Decree of Dissolution” (used where the judge must decide the outstanding issues). The legal decree officially dissolves (ends) the marriage, and the Court restores the parties to their status as single persons.

You should hire a divorce attorney if your spouse has an attorney. Representing yourself without an attorney immediately puts you at a disadvantage. Your chances of prevailing at trial or negotiating a favorable settlement on your own against an attorney are not very good. The laws and rules surrounding a divorce can be incredibly complex and experienced lawyers have a massive advantage over non-lawyers.

Attorneys know how the legal system works. When you go to Court, you are held at an attorney standard. That means the rules of the game do not change just because you are unrepresented. The rules remain the same, and there are a lot of them, and they are complex and difficult to understand unless you have legal training. We do our best here to make them understandable to the public, but there is only so much you can know your first, second, or third time through the legal system. An attorney is almost assuredly going to be able to outmaneuver you at almost every turn.

To file the Petition for Dissolution in Maricopa county, go to your nearest Superior Courthouse. There are 4 locations in Maricopa County:

• Northeast in Phoenix (Union Hills and the 51)
• Downtown in Phoenix (Central and Washington)
• Southeast in Mesa (Mesa Drive and the 60)
• Northwest in Surprise (Greenway and Litchfield)

A covenant marriage is an optional type of marriage.  Before marriage, the spouses-to-be must attend certain counseling and meet other requirements. The legal effect of a covenant marriage is that it is harder to divorce.  In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. If you are in a covenant marriage and are considering a divorce, it is strongly recommended that you consult with an attorney experienced with covenant marriages.

The Court will not appoint you an attorney if you cannot afford one to represent you in a family law proceeding. The Constitutional right to an attorney applies only to criminal proceedings. For that reason, the government must appoint a free attorney to criminal defendants.

As family court is a civil proceeding, you have the right to hire your own attorney, but you will not be given a free one. If you want an attorney in your family court proceeding, you are going to have to obtain one the old-fashioned way: You’re going to have to pay for it.

The filing fees charged by Maricopa County for dissolution documents include $349.00 for the Petitioner and $279.00 for the Respondent. The Petitioner is the spouse that files the Petition and begins the divorce. The Respondent is the spouse who files an Answer or Response to the Petition. If no Response is filed, the Respondent’s fee is still owed to the Clerk before allowing the final documents to be submitted and signed (As of January 2023).

The average Arizona divorce takes between six to nine months. But this is only a rough estimate. It depends on a lot of factors, like length of marriage, if there are children, number of assets and debts to be divided, and the mental health of the parties. If spouses are agreeable, they can get divorced in as little as 60-days. Reasonable negotiations and settlement discussions can drastically reduce the time it takes to get a divorce. But contentious divorces can take a year or more, and highly contentious divorces can take two years or more.

Arizona state law requires you to have lived in the state for at least 90 days before you can file for a divorce. If children are involved, the children need to live here for at least six consecutive months before a divorce can be filed.

To start a divorce in Arizona, the first step is to file the Petition for Dissolution with the Superior Court. The Petition is the paperwork that starts that divorce. After you file the Petition, you need to have it legally served to your spouse. Before you file, you may want to consider consulting with an attorney. Divorces are complex, and you should be fully informed before you file something. Otherwise, you risk making a mistake that could hurt your case.

It does not matter who files first or starts the divorce. One spouse must be the Petitioner and the other spouse must be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner).

You do not have to get divorced in the same state you were married. You need to get divorced in the state you live. For example, if you were married in California, but now live in Arizona, you need to get divorced in Arizona. To qualify for divorce in Arizona, you or your spouse must have lived in Arizona for the last 90 days or more.

You are permitted to represent yourself in a divorce, but you are held to the same standard as an attorney. In other words, there is no excuse for not knowing the law or the rules. For that reason, if you do represent yourself, it may still be worthwhile to meet with an attorney and receive advice.

You may “need” an attorney if the other side has one. The rules and laws are complex, and people who represent themselves against an attorney are at a severe disadvantage. In contrast, if both parties are unrepresented, it is an even playing field; and, in that situation, hiring an attorney could give you an advantage.

You must go through the Court to get divorced. But, when parties are in agreement, the paperwork can be drafted by an attorney who will file it once it is signed by the parties. In that case, the Court will still open and close a case, but neither party will have to set foot in the Courthouse.

But if you cannot come to an agreement regarding your divorce, a judge will have to make those decisions for you.

If your first divorce was never finalized, your second marriage is not legal. You will have to annul your second marriage and finalize the divorce from the first marriage before you can get re-married. Once the divorce is final, you can remarry your current spouse.

Yes, you can stop a divorce at any time during the process if your spouse has not been served or has not filed a Response, and you were the filing party. But if the divorce has “officially” started, meaning, your spouse has been served or filed a Response, the two of you would have to agree to stop the divorce. If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties.

You can get an annulment if you entered into a marriage that is either an illegal marriage or became voidable due to some defect in the marriage that occurred at the time of marriage. If you have only been married a short time and you realized you made a mistake, it may not be enough to get an annulment. The best way to figure out if you qualify is to meet with a divorce attorney.

You need to file a Petition to Establish Paternity ASAP. There are deadlines for challenging paternity determinations, and a delay could cost you your chance to be a parent to your child. If the deadlines have passed, it is still possible to challenge who the father is, but it becomes much more difficult.  

You can petition the Court to change the child’s last name. You will have the burden of proof, and the standard you have to prove is that changing the last name is in the child’s best interests. What that means is, essentially, you had better have a good reason as to why the name change will benefit your child. The Court is not going to change the last name simply because, traditionally, children bore their father’s last names. 

Possibly. Child support must be ordered unless the parties agree to a deviation, and the Court finds the deviation is in the child’s best interests. Child support is done on a formula, and when parenting time is equal, the amount (1) usually is not very much, and (2) is usually paid by the parent who earns more money. There is no gender bias in the formula that requires that it will be the father, and not the mother, who pays child support; it may be you, it may be her—it really does come down to how the formula shakes out. 

It depends. For Arizona to have jurisdiction over custody, it has to be the home state of the child. That means Arizona has to be the state where the child most recently resided for six consecutive months. If Arizona is not that state, then Arizona cannot make a custody order, and you will need to file in the state where your child has most recently resided for six consecutive months.  

We get this call from a father at least once a day. We can certainly help you figure out what you need to do. Generally speaking, when a mother won’t let you see the child, it is time to go to Court. You do that by filing a Petition to Establish Paternity, Legal Decision-making, Parenting Time, and Child Support with the Court. When you are not able to see the child, you may also want to consider filing for temporary orders, which is usually your quickest option to having a Parenting Plan put in place. But we recommend you speak with an attorney before deciding what filing is best for your situation. 

Yes, you can. You two are still the parents. Except in cases involving third parties, whenever the parents agree, the Courts encourage. Most judges would rather the parents decide what is best for their child than leave it up to the judge. The Parenting Plan is a fallback provision to what you will do when the two of you cannot reach an agreement. If you would like your Agreement to become the new Parenting Plan, you can complete an updated Parenting Plan, have both parents sign it, and submit it to the Court. 

The best interests of the child are the standard under which the Court determines all matters relating to the child. To assist the Court in this function, the Legislature has enacted the 11 best interest factors listed in A.R.S. § 25-403. Parties should address these factors in their Pretrial Statement and at trial. The Court must make written findings on the 11 factors at trial.

As for legal decision-making, the Court will decide whether both parents or one parent will make the legal decisions. The Court can even assign that one parent have decision-making for one specific area of legal decision-making. For example, in instances where parents cannot decide on what school the child will attend, the Court will “split the tie” by awarding one parent decision-making over educational issues only.

For parenting time, what must be decided goes far beyond just setting a regular schedule. There must also be orders regarding holiday parenting time, vacation schedules, communication between the parties, communication with the child when in the other’s parents care, and exchange protocols. By law, whenever parenting time is decided, child support must be decided as well.

A.R.S. § 25-103(A) requires judges to apply the custody provision in a way that promotes strong families and strong family values. A.R.S § 25-103(B) says that, absent evidence to the contrary, it is in the child’s best interest for both parents to participate in legal decision-making and for each parent to have substantial, frequent, meaningful, and continuing parenting time with both parents. This policy is significant because best interests of the child is the standard Courts use to determine legal decision-making and parenting time. In Woyton v. Ward, the Arizona Court of Appeals found this public policy means there is a rebuttable presumption that parenting time should be equal, but in Gonzalez-Gunter v. Gunter, the Court also found that courts are not required to order equal parenting time just because both parents can safely watch the child if equal parenting time is not in the child’s best interests.

In a broad sense, custody means “legal decision-making and parenting time.” But more specifically, the term “custody” is actually no longer used in Arizona. In 2012, the Arizona Legislature passed, and Governor Brewer signed, a bill that renamed custody as “legal decision-making and parenting time.” The thought was that many parents fought over “custody” without understanding what it really meant, so the Legislature reasoned if they made terms more descriptive of the rights involved, there would be less conflict over “custody.” So legal decision-making and parenting time are descriptive terms. Legal decision-making means the right to make decisions on behalf of your child when it comes to major decisions in the areas of healthcare, education, religious, and personal care decisions. And “parenting time” means the schedule of when the child is with each parent.

Broadly speaking, legal decision-making, parenting time, and child support.

In 2012, the Legislature changed the meaning of the term, custody because they were concerned too many people fighting for custody did not understand what they were fighting for. There was a feeling that some people pursued “custody” simply because it was what a parent is supposed to do. The Legislature thought if they made the terms more descriptive of the rights being pursued, parents could make an informed decision of whether it was something they wanted to pursue in Court. The Legislature hoped the change might lessen conflicts and litigation.  

You have a few options: The first option is to enforce the Parenting Plan by filing a Petition to Enforce. A Parenting Plan is a Court order, and the Court can enforce its order. It can do so by imposing penalties on the offending parent or requiring them to attend certain classes or counseling to help them learn how to co-parent. Another option may be to modify the Parenting Plan. Depending on the infraction, the Court could make small adjustments to the plan, put conditions on the parent’s time with the child or adjust parenting time and legal decision-making altogether. 

No. Once the court awards no spousal maintenance, the court loses jurisdiction to order a future modification. In other words, once spousal maintenance is ordered to be zero, it says zero. 

You have three years from when the last payment was due.  

You can file a Petition to Enforce Spousal Maintenance with the Court and ask the Court to enforce its order. The Court has options, including fines and, in cases where a spouse is quite behind in payments, they may set a purge amount—an amount your spouse must pay, and if they don’t pay it, a warrant will be issued for their arrest, and they will be in jail until they pay it. 

Both you and your spouse takes a risk in making spousal maintenance non-modifiable. For the recipient spouse, they bear the risk that they may need more money than initially thought or may need it for a longer period of time. The paying spouse bears even more risk. If a paying spouse becomes disabled or loses their job or business, they must still pay their spousal maintenance. There are occasionally some very harsh results that happen to a paying spouse because of a non-modifiable provision. 

Spousal maintenance is only modifiable by agreement between you and your spouse. The effect of the agreement is to remove all jurisdiction from the courts to modify spousal maintenance at all. The advantage is that you litigate spousal maintenance, which can be a heavily litigated issue, only once. Once spousal maintenance is made non-modifiable, it does not get revisited. And you are only back in Court if the paying spouse fails to pay.

No. Arizona law does not permit common-law marriages, and since you never married otherwise, the law considers both of you to be single. In situations like yours, other states have created what is called “palimony,” which allows spousal maintenance for people who never legally married. Arizona is not one of those states. So, people who live together for decades but never marry are not entitled to spousal maintenance.

Yes. You can argue that your spouse should be attributed their former income for purposes of determining spousal maintenance. To persuade the court, you will need to show your spouse’s decision to change job was unreasonable and that they are voluntarily and unreasonably underemployed.

Yes, that is the kind of transition for which spousal maintenance was intended. But be aware that does not necessarily mean you qualify for spousal maintenance or be awarded it.

Spousal maintenance is not that simple. Much more information must be considered to determine whether spousal maintenance is going to be ordered. This is where a consult with an attorney is helpful. 

No. Adultery does not enter into the spousal maintenance calculation on either side of the ledger.  

Infidelity is not something the Court considers when awarding spousal maintenance. 

No. There is no minimum length of marriage requirement in the law. Obviously, though, the shorter the marriage, the less likely spousal maintenance is to be ordered. You should be aware that certain other benefits that you may be entitled may require a minimum length of marriage. This is particularly true if you want to draw on your spouse’s Social Security (a 10-year marriage). If your spouse is in the military and will qualify for military retirement pay not related to a disability, there may be benefits available to you depending on the length of the marriage.

No. Spousal maintenance is not intended to equalize incomes. The purpose of spousal maintenance is to help the receiving spouse meet their reasonable needs and to help them transition to independence.

No. Since you are both getting an equal share of all the retirement assets, each of you will have the same income, so there is no need for spousal maintenance.  

No. Spousal maintenance is not necessary when the parties earn the same amount. A spousal maintenance award should not make it so the paying spouse has less income than the recipient spouse. 

You might. Certainly, you will have an argument that your spouse has enough property to be self-sufficient such that spousal maintenance should not be ordered or should be reduced. But the Court will also look at whether spousal maintenance is necessary to help the receiving spouse maintain the lifestyle established during the marriage.

The law regarding spousal maintenance is A.R.S. § 25-319. It has two parts for determining maintenance. Under A.R.S. § 25-319(A), a spouse must meet one of the five listed criteria to qualify for spousal maintenance. Once they do, we move to the calculation. It used to be that we moved onto A.R.S. § 25-319(B) to determine the amount, but under the new Guidelines and updated law, the 25-319(B) factors while still considered are applied during the calculation and determination phases of spousal maintenance.

No. Arizona is a gender-neutral state, meaning it does not favor one parent over the other because of gender.

In an ideal world, judges are trying to create a situation where both parents are equally involved, and the child is safe, loved, provided for, and cared for. The parents communicate well with each other and both are involved in the child’s education and attend the child’s medical appointments, school events, and extracurricular activities without any drama whatsoever. That would be the ideal, but most cases are going to fall short of that—and many will not come anywhere close to that. In those situations, the child’s safety must be tended to first, but after that, the court and others have developed programs to help parents communicated better, coparent better, and keep the focus on what is best for the child. Attorneys are aware of these programs and can talk to you about what solutions might fit your situation. 

The answer depends a little bit on your circumstances, but generally speaking, you should be keeping a timeline of events that have occurred and any evidence you might have to support it. If for instance, the other parent sends you a nasty text message, you should have a place where you write down the date and what was said, and then print out the text message and save it with the other evidence you have.  

If the Court ordered you to do certain things, such as attend counseling or complete a parenting class, make sure you do that and keep a record of it. The items the Court requires of you are not only mandatory, but i the judge is signaling to you what changes the judge wants to see before increasing your access to the child. You may not agree with the judge, but we recommend you follow what the judge has required of you to increase your chances for a better result next time around.  

For spousal maintenance and child support, keeping your financial records so that you are ready to go on discovery and disclosure is important and can save you a lot of time and money when you are ready to modify.  

You must pay child support until your child is 18 and graduated from high school or until they turn 19 years old.

Yes, the two of you can create and sign a Separation Agreement. Although a Separation Agreement does not have the same legal effect as a Decree of Separation or a Divorce Decree, it can divide up property and decide how property will be allotted.

That is your money. Any property or debt acquired after legal separation belongs to the spouse who acquired it.

No.

No. For legal separation, one of the spouses just needs to be domiciled in Arizona. Domiciled means you live here, and you intend to remain living here.

But to divide up property, Arizona will need to have personal jurisdiction over the other spouse (Arizona has it if the other spouse lives here or has a significant connection to the state; if you are unsure about if Arizona has personal jurisdiction, consult with an attorney). If children are involved, the home state must make those decisions. The home state is either the state that issued the current custody order or the state where the child most recently lived for six consecutive months.

The same as those in divorce. The Court must divide up all the community property and debts the two of you have. That includes houses, businesses, bank accounts, retirements accounts, pensions, vehicles, stocks, credit card debts, other debts, etc. Spousal maintenance can also be awarded as part of the legal separation.

If you have children, the court must decide the custodial issues of legal decision-making and parenting as well as the issue of child support.

Yes, you may. You will need to file a Motion to Convert to Dissolution with the Court.

Yes. You will need to file for divorce.

Maybe, unless an exception applies, you are an owner of the business because it was started during the marriage. Under Arizona law, it does not matter whether your name is on the business because it was started during the marriage, it is part of of the community property and needs to be divided as part of the divorce proceeding. There are a few exceptions: Where the business was inherited or gifted to your spouse or where or a prenup or postnup is in place, then the business may not be community property.  

Before we can divide the marital property, we need to know what property is out there. The primary way we learn this is through disclosure and discovery. Under the rules of procedure, both parties are required to make extensive disclosures of their assets and debts. You can request additional information via discovery—a process that allows you to use different tools to find money. For example, if you believe your spouse is not forthcoming regarding their salary, you can subpoena their employer for their pay history. There are numerous discovery tools—depositions, subpoenas, interrogatories, requests for production, requests for admission, etc. You should speak with an attorney to learn your options regarding discovery and your duties under the disclosure rules. 

If you want to stay in the house, you will need to get your spouse to agree to it, and you will need to buyout your spouse’s interest in the house. Unless a disclaimer deed has been signed, your spouse is entitled to half of the net equity in the home. To figure that out, you need to how much your home is worth and what is owed on the mortgage (in some cases, a home equity line of credit or a lien on the home may impact the net equity). For example, if your home is worth $400,000, and there’s $200,000 left on the mortgage, the net equity is $200,000, and you will need to pay your spouse $100,000 to buy out their interest. In most cases, you will need to show you are pre-qualified for a refinance. Most lenders can work with you to include the buyout as part of the refinance.  

The quickest timeline for a divorce is a little more than two months, and it requires both parties to be in agreement. That is because of a 60-day waiting period that is put in place under Arizona law. On this timeline, one spouse files the Petition for Dissolution, the paperwork that starts the divorce. Then they serve the other spouse (when things are amicable, this is done by giving your spouse the paperwork, and having them sign a notarized document that they received it, and this is then filed with the Court. That service date is important because it starts the sixty-day waiting period. At the end of the waiting period, the two of you can file your Consent Decree (and Parenting Plan, if you have children, and a Property Settlement Agreement, if appropriate). These are the documents that divorce you, contain your agreement, and divide your property and decide what happens with your child. Once the papers are signed by the judge, you are divorced.