At the Arizona Chapter of the AAML, we make it our mission to help families throughout the state find the legal services they need to navigate complex and sensitive cases. Since 1993, we have fostered the continued professional development of our members and helped legal professionals provide their clients with an exceptional level of service. Whether you are going through a divorce or need help resolving a child support dispute, our fellows can provide the compassionate representation you deserve.
How Our Fellows Can Help
Our fellows have many years of family law experience and are respected by their peers in the legal community. Many members specialize in specific areas and can provide a comprehensive level of guidance and support.
Members of the Arizona Chapter of the AAML can assist you with many areas of family law, including:
Divorce. Arizona is a “no-fault” divorce state, meaning you do not need to have a specific
reason to file for divorce. Divorce can be “contested” or “uncontested.” When the
couple does not disagree about any element of the divorce, it is considered “uncontested,”
and the process becomes much easier. You will need to file for a contested divorce
if you and your partner cannot agree on how to handle property division, child custody,
child support, or spousal support. In a contested divorce, the couple will rely on
litigation to resolve each conflict.
Property Division. In Arizona, assets are considered “community property” or “separate property.”
This designation affects property division, as all community property must be divided
equitably between partners during the divorce process. Most property obtained during
the marriage is automatically considered community property and is thus subject to
division. Separate property is not subject to property division and includes assets acquired
before
the marriage, assets given as gifts, and assets obtained through inheritances. Separate
property can in some cases
become
community property if it intermingles with community property. The debate over what
is considered community property versus separate property is often the heart of property
division disagreements.
Child Custody and Parenting Time. When considering matters of child custody, Arizona family courts will seek to make
a decision that is in the best interests of the child. Judges will consider several
factors, including the child’s relationship with each parent, the disruption the
child would experience if they had to move, the health of each parent and child,
and the role each parent had in raising the child. Arizona courts will in some cases
consider the child’s preferences if they are of sufficient age. Absent disqualifying
circumstances, the parent who does not receive primary custody is entitled to a sufficient
amount of “parenting time,” or visitation.
Child Support. Arizona often requires both parents to make child support payments, regardless
of the custody arrangement. The state uses a complex series of guidelines to calculate
each parent’s obligation, which must together cover the child’s essential needs.
Child support payments must be made until the child turns 18 after graduating high
school, graduates high school while 18, or turns 19 without graduating high school.
Child support arrangements can be changed if either parent experiences a material
change in circumstances.
Spousal Support. Spousal maintenance, also called alimony, is designed to provide need-based financial
resources to the lower-earning spouse. Whether alimony is necessary is generally
decided on a case-by-case basis, but a judge is more likely to award maintenance
if a spouse gave up their job or professional opportunities to support their partner.
The higher-earning spouse must also have the ability to pay. A spouse may be temporarily
ordered to pay spousal maintenance during the divorce process, and that order might
continue for a fixed term post-divorce. Permanent orders of spousal maintenance are
rare, and orders can potentially be changed if either spouse experiences a material
change in circumstances.
Prenuptial Agreements. Prenuptial agreements are signed before a couple marries and are intended to protect
the interests of each spouse should they eventually divorce. These contracts must
be entered willingly and be considered “fair” to each party in order to be enforceable.
Paternity. Paternity may need to be legally established if parents are not married when their
child is born. In some cases, establishing paternity is straightforward, as both
parents will simply need to sign an acknowledgment of paternity form. If one parent
disputes allegations of paternity, DNA testing may become necessary. A father can
voluntarily submit to this testing, or an Arizona court may order it to resolve paternal
ambiguity.
Adoption. Any adult who can meet the needs of a child has the right to adopt in Arizona.
However, the process of adopting a child can still be legally complex, and many specific
legal procedures must be followed.
Guardianships and Conservatorships. When someone can no longer reliably handle their affairs due to mental decline,
mental health issues, substance abuse issues, or any other significant impediment,
their loved ones can seek to establish a guardianship and/or conservatorship. A guardian
or conservator is legally responsible for caring for and acting on behalf of the
incapacitated person, and they may in some cases also legally control their assets.
Do not hesitate to review our member directory if you need legal help with a matter of family law.
