My dad and I were in car accident and we went to Alcock and associates. They really help us out and keep us updated throughout the process. 10/10 I highly recommend!
The divorce lawyers at Alcock & Associates understand that divorce, child custody, and child support cases can be especially stressful. Know that we will be with you every step of the way. It can be very difficult to navigate the family law system. Our experienced attorneys are able to draft, file, and serve all necessary pleadings to get your case started on the right track.
We have successfully helped thousands of people through domestic relations cases. We know that the process can be confusing and we will always take the time to fully understand what is important to you. We encourage you to contact us to set up a free consultation right over the phone. You’ll see that we are truly a different type of law firm. From beginning to end, we will support you in every way possible.
A former Child Support Enforcement Deputy County Attorney is on Staff.
We have Decades and Decades of combined family law experience in Arizona.
We want to help you through the divorce process. Court can be scary. Walking into Superior Court by yourself can be very stressful. The paperwork can be confusing and intimidating. Worse, there are some aspects of family law cases that are critical and inflexible. If you make a mistake or an omission at the outset, it may be very difficult to fix it later.
An experienced family law attorney on your side can make all the difference in your case.
Give us a call and schedule a free consultation. You’ll find that we offer truly affordable fees and payment plans. Find out why our firm has steadily grown over the years and how we have helped so many through difficult family law situations.
A family law trial can take just a few hours. There are no juries in family law. Child custody, support and the division of assets can all be decided in what feels like a blink of an eye.
Our family law attorneys know how important it is to be prepared well in advance of trial.
Our law firm handles all types of child custody cases. Here’s a quick overview of child custody law in Arizona. Child custody cases in Arizona are made up of two parts: legal decision-making authority and parenting time. Legal decision-making authority is a parent’s ability to make important decisions about their child’s life.
These important decisions include religion, education, childcare arrangements, and medical treatment. Courts generally want the parties to share this power, called joint legal decision-making authority. If joint legal decision-making authority is not in the children’s best interests, the court will only give one parent that power.
Parenting time is a schedule of time between a parent and their children. Schedules can be flexible to accommodate work and school. Ideally, the parents can negotiate a parenting plan. If they are unable to do so, the judge will order a parenting plan based on evidence presented.
If it is necessary, our staff includes seasoned litigators with real courtroom experience. From criminal jury trials, family law temporary hearings and trials, we have seen it all.
We are ready, experienced and capable litigators.
We understand how difficult and disruptive family law issues can be. We work very hard to offer simple contracts that are understandable and affordable.
Family law cases in Arizona, as in other jurisdictions, can present wide-ranging complexities. The process involves the articulation of various legal rights and responsibilities that impact an individual’s most intimate relationships. This page will delve into the handling of family law cases in the state of Arizona, exploring key aspects including divorce procedure, child custody issues, alimony (spousal maintenance), child support, and domestic violence laws.
One of the most common types of family law cases in Arizona concerns divorce, referred to as the dissolution of marriage. Arizona is a no-fault state, which means that neither spouse needs to give a reason for the dissolution of the marriage. Here, it suffices for one party to assert that the marriage is ‘irretrievably broken’. Community property laws govern the division of assets and debt: per Arizona statutes, any property acquired during the marriage (except by gift or inheritance) is considered community property and divided equally.
Another significant area of family law is child custody, which is now referred to as “legal decision-making” and “parenting time” in Arizona. Legal decision-making refers to the rights of parents to make important decisions about their children’s lives, like education, healthcare, and religious upbringing. Parenting time, on the other hand, refers to the actual physical time a parent spends with the child. The Arizona family court always bases its decisions regarding legal decision-making and parenting time on the ‘best interest’ of the child.
It’s also essential to discuss issues of finance and support in the context of family law. Alimony, known as spousal maintenance in Arizona, is an area that often triggers contention. Typically, a spouse is eligible for maintenance if they lack sufficient property to provide for their reasonable needs, are unable to be self-sufficient through employment, are the custodian of a child whose age or condition precludes seeking employment, or have significantly contributed to the educational opportunities of the other spouse.
Likewise, child support is an essential aspect of family law in Arizona. Child support is established based on the Arizona Child Support Guidelines, considering factors like the income of both parents, the number of children, healthcare costs, and the amount of parenting time allotted to each parent.
Lastly, Arizona also handles cases of domestic violence efficiently, ensuring the safety and welfare of those involved. Victims of domestic violence can take advantage of an elaborate system of Protective Orders, including Emergency Orders of Protection, which can offer immediate relief.
In conclusion, family law cases in Arizona traverse a broad spectrum of matters—ranging from divorce and child custody to spousarial maintenance, child support, and protection against domestic violence—all under the umbrella of one dominant guiding principle: the best interest of the individuals involved, primarily the children. The focus remains on ensuring a fair, equitable, and conscientious legal landscape that respects the intricacies of familial bonds while safeguarding the rights and responsibilities of each party.
Most people are afraid of the court process. That is because many times people get overwhelmed by the process. Before you panic, keep in mind that unlike criminal court, the family court process is more user friendly. Judges are used to people not knowing how the system works. As a result, the system can be a bit more forgiving. We have found that by giving our clients information, they feel more relaxed and better prepared. Obviously every case is different and our divorce attorneys are here to help if you have any questions.
If you are married and are seeking a divorce don’t be intimidated by the system. The first filing is a Petition for Dissolution of Marriage. This petition needs to state whether or not you have children. The “Petition for Dissolution of Marriage” is a comprehensive legal document. While it doesn’t have to be written perfectly, it must contain essential information. The Clerk of the Court will look at these factors before it is accepted. First, the petition must include the names of the parties. Second, it must state whether the parties have children. Third, the petition must indicate that the marriage is irreconcilably broken. However, keep in mind that Arizona is a “no-fault” divorce state. That means a judge will not consider a party’s infidelity (cheating) when issuing court orders. As such, that should not be included in the petition.
There are several other legal documents that must also be filed along with the petition. These include the summons, preliminary injunction, notice to creditors, notice of rights about health insurance coverage, affidavit regarding minor children, and notice to attend parenting information class. If you have any questions about these filings, call us and we would be happy to explain them to you.
Petitions must include ALL the issues that the judge will decide. Failure to include an issue in a Petition can cause problems with the case down the road. That’s why it’s always a good idea to speak with an experienced family law attorney BEFORE you file.
If your case is particularly complicated or may not resolve for an extended period of time. For cases that take longer periods of time, a Petition for Temporary Orders may be necessary. A Petition for Temporary Orders is filed when a party seeks temporary orders from the court during divorce proceedings. Rather than wait a year or more for the divorce to be finalized you can get the judge to help decide legal issues that affect you. You can ask for temporary spousal maintenance, child support, exclusive use of the marital residence, or parenting time orders. Keep in mind, temporary orders are exactly that–temporary. At the end of the case the judge could change everything or nothing.
If a party files a Petition for Temporary Orders, the Court will hold a brief hearing. During this hearing, either party can call witnesses, present evidence, and make legal arguments. If you wish to hire an attorney, we advise that it is a good idea to do so well in advance of this hearing.
Whenever someone files for divorce, it is necessary to complete an “Affidavit of Financial Information.” An Affidavit of Financial Information is an important document. It is very important that the information in this document is truthful. If you do not tell the truth to the judge about your financial status you can be punished. This document will also be used throughout your entire case.
Why is an Affidavit of Financial Information important? First, it can help identify each parties’ income. The AFI will ask what your gross income is each month. Gross income can include: salary, hourly wage, rent from properties, pension, social security, etc. Second, an Affidavit of Financial Information is important to determine your expenses each month (rent, mortgage, electricity, water, car insurance, etc.). The AFI will also inquire about credit card and other types of debt.
The Affidavit of Information requires more than just answering questions. The AFI also requires your two most recent pay stubs as well as your federal income tax return for the last three (3) years. These documents are needed to support the affidavit, and to make sure a party is being honest about their income.
An Affidavit of Financial Information can also be an effective tool for litigation purposes. Oftentimes, an opposing party can try to minimize their income while maximizing their expenses. People do this to avoid paying their fair share of spousal maintenance (alimony) or child support. It is important to have an experienced attorney on your side who knows how to utilize the Affidavit of Financial Information for effective representation.
A divorce should result in an “equitable distribution of marital assets.” That means each party should receive their fair share of property obtained during the marriage. For example, if the parties had a joint bank account with $1,000 in it, the court typically would award $500 to each party. Sometimes, however, the division of assets is much more complicated than that. If the parties own a business, for example, that business will need to be looked at by the judge. The business must be valued. Furthermore, a house will also need to be appraised before the value is divided. Our divorce attorneys can help you determine how to evaluate certain community property.
Criminal charges, however, can change how a divorce case is handled. If your spouse or partner has engaged in domestic violence, verbal abuse, or manipulation of the children, you need an attorney to protect you. If your spouse has been abusive towards you or your children, there are special considerations that the judge must consider.
That being said, we have also seen spouses fabricate claims of domestic violence. In both cases, it is vital to have an attorney carefully protect your rights. At Alcock & Associates, our attorneys are with you 100% of the way.
You can feel comfortable that we will defend you through the entire process. If you want to learn more about temporary ways to protect yourself from domestic violence we would be happy to help you. Or, you can CLICK HERE TO LEARN MORE ABOUT ORDERS OF PROTECTION
We know how to handle cases where one parent is manipulating the children to make them distant from their other parent.
These situations are heartbreaking, but we have a long track record of successfully demonstrating to the Court that the situation exists. Every case is different, and parental alienation cases are best evaluated by the evidence in each case. We are available to discuss your case with you to determine if parental alienation could be a factor in your divorce case.
CLICK HERE TO LEARN MORE ABOUT ALIENATION
Court rules require that each party file a list of witnesses before a trial. If you do not disclose a witness to the other side, the court will likely not allow you to call that witness to testify at trial. The same can be said of documents. If a piece of evidence was not disclosed before trial, the court will not allow you to introduce it as evidence at trial. Children, as a rule, cannot be called as witnesses at the time of trial. You may need an expert witness at the time of trial as well. An attorney can assist you in determining which witnesses and exhibits to use at trial.
Prehearing Statement at least one week in advance. These papers are very important, and should include all the details you think the judge should know. They should contain your positions, arguments, and evidence. A judge will read a prehearing statement in preparation of trial. It is important to file a thorough statement so the judge clearly understands what you are requesting.
From humble beginnings in a small office across the hall from a justice court to the top floor of the Renaissance Tower, our firm has consistently and continuously provided superb legal representation. We treat our clients like family.
Our family law attorneys are available to answer your questions now. Click on the videos or scroll down for answers to frequently asked questions.
Get informed and get prepared. Family law cases can move fast. The more information you have, the more likely you are to succeed. That’s why we offer a free and helpful consult. When you speak to us, you’ll see that we are truly interested in you and that we want the absolute best for you and your family.
You can only get divorced in Arizona if Arizona has jurisdiction (power) over your case. Arizona has jurisdiction over your divorce if either you or your spouse have resided in Arizona for at least 90 days.
You can file for custody in Arizona if your children have resided in Arizona for at least 6 months. If your child is less than 6 months old, then you can file for custody if the child was born in Arizona.
Under A.R.S. 25-329, a divorce cannot be finalized until 60 days after a party has been served with a petition for divorce. We advise clients that the soonest a case can resolve is 90-120 days after the Petition for Dissolution has been filed. This is called the “waiting period.” Courts want to be sure that the parties really want to get divorced. The 60 days is a breathing period for parties to really consider if divorce is the right option for them.
Arizona courts do not like giving sole custody to one parent. However, it is possible to get full custody of your children if it is in the children’s best interests. Courts will be more inclined to give sole custody to one parent if the other parent has engaged in domestic violence, substance abuse, or has previously abandoned the minor children.
Community property is any property that has been accrued by either spouse during the marriage. Community property can include houses, cars, businesses, bank accounts, investments, etc. Arizona is a community property state. Unless property was gifted, inherited, or obtained by a spouse before the marriage or after the petition is served, it is a community asset.
A parent must pay child support for their children. Child support in Arizona is based on income, parenting time, the number of children, health insurance, childcare costs, and other financial considerations. Arizona has a child support calculator that determines a parent’s child support obligation. A party is required to file a child support worksheet in support of their child support calculation. Ask your attorney to draft a child support estimate.
If the parties cannot reside together during the divorce proceedings, a party can ask for exclusive use of the marital residence. That means only one party can live in the house and the other party needs to make other living arrangements. Exclusive use of the marital residence is usually determined early in the divorce process. Don’t wait to hire an attorney until after this is decided by a judge.
Yes, you can still get divorced in Arizona if your spouse lives in another country. As long as you have resided in Arizona for at least 90 days, you can file for divorce. The same is true if the other parent lives in another country. As long as your children have resided in Arizona for at least 6 months, you can file for custody.
Two parties can work together to file for divorce/custody and resolve it quickly. If the parties are amicable, they can work together to draft a settlement agreement (called a consent decree), and file it with the court. Once the parties filed the consent decree, it is adopted by the court as a court order. A consent decree cannot be finalized until 60 days after the date of service of the Petition for Dissolution.
Sometimes a spouse can hide or minimize their income. Many clients come to us and have concerns because their spouse is paid in cash. There are many ways our attorneys can help prove your spouse is hiding income. We can obtain subpoenas to get their bank records. We can question their employer during a deposition. We can obtain their tax records. Don’t let your spouse get away with concealing assets. Get your fair share.
If you feel threatened right now, call 911. The police can provide immediate assistance. You can also seek an order of protection. An order of protection can be requested at any municipal court in Arizona. You will need to file a sworn statement telling the judge about the domestic violence you have witnessed and/or experienced. The more specific you can be, the better. If a judge grants an order of protection, the offending spouse cannot have contact with you or anyone else listed on the order of protection. Children can be included on the order of protection.
Arizona has a form of alimony called spousal maintenance. Spousal maintenance is an amount of money one party pays another to support them during and after a divorce. If a wife/mother has been a homemaker for 30 years, a judge likely find she is eligible for spousal maintenance. An award of spousal maintenance depends on several factors. Those factors are outlined in Arizona Revised Statute, 25-319. A judge will consider (among other things) financial hardship, income, property, resources, education, work experience, duration of marriage, whether one spouse has contributed to the career of another, and whether one spouse has raised the children. Your attorney can explain whether you qualify for spousal maintenance, and if so, what a reasonable amount of maintenance would be.
My dad and I were in car accident and we went to Alcock and associates. They really help us out and keep us updated throughout the process. 10/10 I highly recommend!
I just want to leave my comment that I had a car accident this past year and thanks to lawyer Jill and assistant for great help, I am very happy with the result and may God continue to bless you, so that you can continue helping more people. Atte Mario Sanchez.
I had a great experience! Everything was settled and the outcome was great.
Thanks to Alcock and Associates .P.C for helping me in my car accident case they fought over my case and I received recovery and the indy lawyer
Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.