Divorce or Legal Separation in Arizona

A Legal Separation essentially takes the same legal path as a Divorce, and should be considered if there are health insurance or religious issues.

Unless money is very tight and you have no children, representing yourself and/or using Non-Attorney Legal Document Preparation Services in a Divorce or Legal Separation can be hazardous to your future.  For example, have you taken into account both you and your spouse’s retirement, have you calculated potential alimony, are you even eligible for alimony, how about the property – is it marital property or sole and separate?

Arizona Divorce actions or Legal Separation actions can be very complicated, and time  consuming for attorneys, and they know the shortcuts. When considering a Divorce or Legal Separation you must consider the ramifications to your future well-being.  Have you considered your future – or do you just “want out”?

Legal opinions, answers to your questions, and representation in Court can only be achieved by using a qualified family law attorney.  Does having an attorney mean that you will get everything you want?  No, but you can worry less during the process and you can be assured your rights and assets will be afforded the best possible protection.

Serving the Kingman, Bullhead City, and Lake Havasu City Arizona area, I help clients with their divorce, legal separation or other family law issues.  As an experienced family law attorney, I provide the strategy, experience and knowledge required to successfully complete your divorce proceedings.  If you need help, then call me.

Annulment in Arizona

Since the advent of the no-fault divorce, annulment has become increasingly rare and is normally filed for religious or financial reasons.

Annulment is a process to declare a marriage as invalid, as if it never happened.  Typically, something was wrong at the time of the marriage thereby creating no legal relationship.  To get a marriage annulled in the State of Arizona, there must be legal grounds.

For example, grounds for Annulment MAY include:

Misrepresentation – for example, the person knowingly lied about being able to have children (sterile), or the other party was still married to someone else when you were wed.

Misunderstanding – for example, if one of the parties married wanted children while the other did not, they have a misunderstanding that may be adjudged serious enough for a court to terminate the marriage.

Concealment - such as an addiction, criminal record, disease, or mental health history.
Fraud – if the marriage was intended to defraud another person, business, or government agency.

Other Possible Reasons – parties did not consummate the marriage, parties were under age and did not get proper permission to marry, parties are close blood relatives, parties were married under force, threat or duress.

Even if the marriage is annulled, there may be the a need to enter orders related to custody, visitation, child support, division of property and debt, retirement, and / or other marriage related issues.  If you need help in determining if annulment is appropriate in your situation, then call me.

Child Custody / Visitation

Arizona Child Custody, guardianship and in loco parentis (in place of the parent) actions can be very complicated.  When considering a child’s custody you must consider the best interests of the child and the proper legal strategy to assure that your rights and the child’s best interests are properly met.  Additionally, it’s paramount that the party pursue the proper legal remedy.  Some of the more common types of actions I litigate, are as follows:

Dependency – CPS has taken the child out of the home and the State of Arizona has started a dependency action.

Divorce and pre-decree issues – pre-decree situations arise during the divorce proceedings where parents disagree on visitation, living arrangements, school, or medical treatment.  In extreme cases, allegations of sexual, physical or mental  abuse. Typically, these types of issues can be resolved or litigated by filing a Petition for Temporary Orders, and in extreme cases the Petition can be filed on an emergency basis without notice (attorney hand carries the Petition to the Judge – order is obtained immediately).  Discussing the specific facts surrounding the Petition with an attorney will help determine your available options.

Visitation and Custody (post-decree / or no orders) – post-decree or custody situations arise after the divorce, after a previous order was entered, or because the parents were never married and have never obtained any type of child custody order.  Depending upon the facts of the case, an attorney can help you determine what type of Petition is needed and the subsequent legal process that would be involved.

Grandparent / family (in loco parentis or guardianship) – these types of situations arise when parent(s) leave their child(ren), for whatever reason, with a family member or other person.  Typically, it is the grandparents.  The grandparents, or other family members, quickly find that they have trouble with health insurance, medical care, school enrollment, traveling, etc.   Discussing the specific facts surrounding the case with an attorney will help determine the type of Petition required, be it in loco parentis, guardianship or some other type of Petition or action.