In Arizona, you do not have to prove someone is at fault (caused the divorce) to get a divorce.  You do not have to allege that the other person is cheating, stealing or is abusive.

The Court is unconcerned with a spouse’s bad or unethical conduct, except if it impacts the best interests of any common children (for example:  domestic violence or drug abuse).  Also, if the misconduct constitutes financial misconduct (hiding/wasting money, for example), the Court may award the innocent party more assets or fewer debts or award that party more or longer spousal maintenance.  Finally, if a party engages in misconduct during the divorce action, the Court can order that party to pay some or all of the other party’s attorney’s fees and costs.

The only other reason the Court will be interested in a party’s misconduct is if the parties have entered into covenant marriage.  Parties enter into a covenant marriage by declaring that they intend to do so when they apply for a marriage license and submitting an affidavit stating that they attended premarital counseling.  Basically, the parties are agreeing that they will be married for life, and they voluntarily and legally restrict their ability to get a divorce.   With a covenant marriage, parties can only divorce if both parties agree, or if certain other circumstances exist (adultery, felony incarceration, living apart for specified periods of time, domestic violence, or drug or alcohol abuse).

Whether or not you believe your spouse is at fault for the divorce, mediation, rather than litigation, is often the preferred method of getting a divorce.  Rather than spend copious amounts of time, money and energy on fighting with your spouse in Court (which rarely makes anyone feel better), you can work cooperatively to end your marriage in an efficient and less expensive and less stressful manner.  All issues can still be addressed in mediation.  You can address spousal maintenance, a division of assets and debts and every other issue in mediation.  The Court will still ultimately issue the Decree of Dissolution of Marriage, which you will have jointly submitted to the Court, without the necessity of actually going to Court.  With mediation, most participants are able to move forward with their lives with less disruption and turmoil.

Alona M. Gottfried is a family law mediator and attorney in Arizona.  If you have questions about family law or mediation, she can be reached at: 480-998-1500 or alona(at)sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

As a Family Law Attorney in Arizona, I am not a fan of people using paralegals in lieu of attorneys in most situations.  Paralegals are not allowed to give legal advice, so you may end up with forms that are procedurally correct, but inappropriate for your situation.  I have had to correct mistakes caused by using a paralegal on a number of occasions.

People tend to use paralegals because they cannot afford attorneys.  First, if you just need forms, they are offered for free at the Maricopa County Superior Court website.  Second, using a mediator to resolve your disputes may be a better option.

One of the main reasons people use mediators is because mediation is almost always much less expensive than a litigated case.  People also choose mediation because it is less adversarial, less time consuming, less stressful, and it allows you to be in control of the outcome of your case.  Going to trial is a risk.  Even when you use a paralegal, absent an agreement, you still have to go to Court and fight to try to advance your various positions.   In mediation, people in conflict can rely on a neutral person trained in conflict resolution (the mediator), to help them actually resolve their disputes peacefully.

If you want to use a paralegal or lawyer to draft your papers, you can still go to mediation to reach an agreement.  You can even use an attorney in conjunction with a mediator.  With an agreement, you do not have to go to Court; you only have to draft the agreement in final form (a Decree) for the Court’s approval and signature.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500. This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

A paternity action is what one files when they have a child or children with another person who is not his/her spouse.  In an Arizona paternity action, the Court will establish who the father of the child/children is.  If a parent disputes paternity, he/she can request a DNA test.  The Court will also establish custody (whether the parents should share joint custody or one parent should have sole custody), parental access, child support, and the division of any lying in expenses (expenses resulting from the pregnancy and birth).  The Court may also award attorney’s fees to a party, based on the reasonableness of the parties’ positions and their relative financial resources.

A paternity action can be resolved amicably through mediation.  The parents would attend mediation sessions with a mutually agreeable mediator, who would help the parties reach agreements on the areas of dispute.  Both parties voluntarily provide relevant documentation, so calculations (such as child support) can be accurately completed.  With a mediated agreement, the parties would simply submit stipulated forms to the Court.  They would not have to attend a trial.  Most mediations are successful

If parties cannot or do not want to reach agreements, they will have a trial, in which they will put on evidence as to the disputed issues.  The Court will do his/her best to issue fair rulings in the best interests of the children.   However, trial is risky.  It is also often expensive, time consuming and stressful.  It is this author’s opinion that mediation is almost always the best alternative.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Simmons & Gottfried
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3877 N Seventh St. Suite 340
Phoenix, AZ 85014-0001
Phone: 480-998-1500
Fax:   480-998-6074

The Arizona Court prefers that divorcing parties reach their own agreements.  This is because parties tend to be happier and more compliant with orders when they agree to the terms of the divorce.
Further, the Court knows that parties are in the best position to determine the most appropriate Orders for their particular situations.  While the Judge will do his/her best to come up with fair and appropriate orders, the Judge is a stranger to the litigants and their families.  Judges have a limited amount of time in trial to hear evidence and get to know the parties.  Most trials are only two to three hours long.
If the parties are unable to reach an agreement through mediation or otherwise, the parties will have to present evidence, law and argument at trial to convince the Court why it should rule in his/her favor.  One or both parties can prepare for and attend trial with an attorney or on their own.
To prepare for the trial, both parties will have to timely disclose their evidence and expected witnesses/witness testimony and experts to the other party. The parties will also have to cooperate in drafting what is called a “Joint Pretrial Statement,” which sets forth the parties’ agreements and disagreements, as well as other information required by Court rules.
At trial, the parties may present an opening statement.  The Petitioner (the party who filed first) presents his/her evidence first.  Each party has a chance to call witnesses, and both parties have the opportunity to question each witness.  The parties generally testify as well.  After the evidence is presented, the Court may allow closing arguments, which are statements summarizing the evidence and the requested rulings.
The Court may rule immediately, or it may take the matter under advisement.  The Judge is allowed to take up to 60 days to rule on the case.
If a party does not like a ruling, the party may be able to challenge the ruling through one of several motions.  The party may also be able to appeal the case to the Court of Appeals.  However, winning an appeal is difficult, especially in family law cases, where the Court have a large amount of discretion in its rulings.
Many people choose to forgo the uncertainty, cost and stress of trial in favor of resolving the dispute themselves with a trained mediator.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to serve as legal advice.  See a legal professional before making legal decisions.

A legal separation action in Arizona is an action where the parties want to remain married, but do not want to live together.   During the action, the parties will divide their assets, and arrange for child support, custody and spousal maintenance, where appropriate.
People who choose a legal separation instead of a divorce usually base their decisions on one of the following factors:
•    The parties want to live separately for a while before deciding if they want a divorce, and they want their assets divided and rights determined in the interim.

•    The parties do not wish to remain together, but divorce violates their religious convictions.

•    The parties do not wish to remain together, but one spouse cannot qualify for affordable medical insurance if he/she loses his/her spouse’s medical insurance.
The legal procedure for a legal separation action is the same as a dissolution procedure.  One party files a Petition for Legal Separation, the other party files a Response.  If the parties are unable to come to an agreement, they proceed to a trial.  A Judge then determines all applicable issues.
However, as with dissolution proceedings, parties can choose to use mediation instead of litigation.  Mediation is the amicable, cost-effective and confidential way to resolve conflicts.  Best of all is the fact that mediation is successful most of the time.  The parties would jointly select a mediator.  A mediator is a neutral party who is trained in resolving conflict.  Through one or several mediation sessions, the parties, with the mediator’s assistance, will work to reach agreements that will be submitted to the Court for approval.  With an agreement, the parties do not have to actually go to the Court of a legal proceeding.  For those people trying to preserve their relationship, or those just looking for a quick and easy way to get a legal separation, mediation is the right choice.

Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Spousal Maintenance, also known as “alimony” is financial support given to a spouse in a dissolution of marriage or legal separation action.  Spousal maintenance is sometimes intended just to help a party get back on his/her feet (for example, support while a party returns to school to become more marketable) and is sometimes intended to support a party indefinitely.
One qualifies for spousal maintenance when that person is unable to support his/her reasonable needs through his/her property or through appropriate employment.  One can also qualify when there has been a marriage of long duration and the requesting party is of an age that precludes the possibility of obtaining employment that would that person to be self-sufficient.  Further, a party may qualify when he/she has a child of an age or condition that would preclude outside employment.  Finally, if one party contributed to the educational opportunities of the other, that party may qualify for maintenance.
If parties are determining spousal maintenance through the Court, the Court will determine the length and amount of spousal maintenance based on a number of factors, such as the other party’s ability to pay the maintenance, the duration of the marriage, the standard of living established during the marriage and the cost of medical insurance for the requesting party.  One party’s misconduct during the marriage is only relevant to the extent that the party engaged in financial misconduct, or to the extent of the actual cost of a domestic violence conviction.
The law setting forth the factors considered in a request for spousal maintenance is A.R.S. § 25-319, and it can be viewed at: http://www.azleg.state.az.us/ars/25/00319.htm.
If the parties reach their own agreement, through mediation, for example, they do not have to follow the statute; they can make up their own agreement as to spousal maintenance.  The parties can also agree to make spousal maintenance non-modifiable, which means neither party can ask the Court to increase or decrease the amount or duration of spousal maintenance.  The Court cannot enter such an order without a stipulation.
Parties can use mediation to determine spousal maintenance (and all other issues) in a dissolution of marriage or legal separation action or for a modification action.  Mediation is the less expensive, quicker, more amicable and more flexible alternative to going to Court.
Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

Spousal Maintenance, also known as “alimony” is financial support given to a spouse in a dissolution of marriage or legal separation action.  Spousal maintenance is sometimes intended just to help a party get back on his/her feet (for example, support while a party returns to school to become more marketable) and is sometimes intended to support a party indefinitely.
One qualifies for spousal maintenance when that person is unable to support his/her reasonable needs through his/her property or through appropriate employment.  One can also qualify when there has been a marriage of long duration and the requesting party is of an age that precludes the possibility of obtaining employment that would that person to be self-sufficient.  Further, a party may qualify when he/she has a child of an age or condition that would preclude outside employment.  Finally, if one party contributed to the educational opportunities of the other, that party may qualify for maintenance.
If parties are determining spousal maintenance through the Court, the Court will determine the length and amount of spousal maintenance based on a number of factors, such as the other party’s ability to pay the maintenance, the duration of the marriage, the standard of living established during the marriage and the cost of medical insurance for the requesting party.  One party’s misconduct during the marriage is only relevant to the extent that the party engaged in financial misconduct, or to the extent of the actual cost of a domestic violence conviction.
The law setting forth the factors considered in a request for spousal maintenance is A.R.S. § 25-319, and it can be viewed at: http://www.azleg.state.az.us/ars/25/00319.htm.
If the parties reach their own agreement, through mediation, for example, they do not have to follow the statute; they can make up their own agreement as to spousal maintenance.  The parties can also agree to make spousal maintenance non-modifiable, which means neither party can ask the Court to increase or decrease the amount or duration of spousal maintenance.  The Court cannot enter such an order without a stipulation.
Parties can use mediation to determine spousal maintenance (and all other issues) in a dissolution of marriage or legal separation action or for a modification action.  Mediation is the less expensive, quicker, more amicable and more flexible alternative to going to Court.
Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.

In Arizona, child support is

calculated pursuant to the Arizona Child Support Guidelines.  The Guidelines can be found on line at:  http://www.supreme.state.az.us/dr/childsup/CSG2004.pdf.  The Guidelines are intended to approximate:  “the amount that would have been spent on the children if the parents and children were living together.”  The Guidelines then determine each parent’s proportionate share.
In a nutshell, Arizona looks at the following factors to determine child support:
•    both parents’ incomes
•    whether either parent is supporting another natural or adopted child
•    whether either parent is paying or receiving spousal maintenance
•    the number of children at issue
•    the number of children over 12
•    the cost of health insurance for the children, and which parent is paying that cost
•    the cost of day care, and which parent is paying the cost
•    the cost of extra-education or extraordinary expenses for a child, and which parent is paying the cost
•    the amount of days the parents have parental access with the children.
The parents can ask the Court to deviate from the child support amount dictated by the Guidelines, where there is good cause.
Child support is generally calculated in a divorce or separation action involving children or a paternity action (when the parents are not married).  The Arizona Courts allow people to modify the support amount whenever there has been a change in circumstances (a reduction or increase in a party’s income, for example) that would change child support by 15 percent or more.  Child support generally continues until a child is 18 and finished with high school.  Child support does not automatically cease or modify when a modification or cessation of support is appropriate.  A parent has to file documents to stop support.

Child support generally will not be modified earlier than when a request to modify of stop support is made.
Once child support is determined, it is taken from the paying parent’s wages through an automatic process.
Child support can be calculated or modified through the Court or through a negotiated agreement.  If parties cannot agree on a child support amount, or other issues, they can mediate the matter.  A mediator can help the parties run different child support worksheets and help the parties reach an agreement, using conflict resolution techniques. Mediation is the less expensive, quicker, more amicable and more flexible alternative to going to Court.
Alona M. Gottfried is a mediator and attorney in Arizona.  If you have questions about mediation or family law, she can be reached at: 480-998-1500 or alona@sglawaz.com.  This is a general interest article only and is not intended to be legal advice.  See a legal professional before making legal decisions.