Proposed New Custody Laws in Arizona

The Arizona legislature is considering significant changes to the state’s child custody laws.  First, the proposed new law essentially creates a presumption that parents will be awarded joint custody (meaning that the parties are to make important decisions for the children together).  Arizona Revised Statute (“A.R.S.”) § 25-403(C) would state:  “In a disputed family law matter involving children, if both parents are found to be fit or capable to be a parent, the court shall not award sole … [Read more...]

What is an Arizona Custody Agreement?

In Arizona, parties to a divorce, paternity or modification action are encouraged to reach agreements regarding their children. The parties must first decide if they will have joint custody or one party has sole custody.  Custody is a function of decision-making.  Joint custodians make important decisions for the children (medical, educational, religious) together. Parenting times means, not surprisingly, what days / times the children spend with both parents.  Parenting time … [Read more...]

Arizona Divorce

If you are reading this article, you are likely contemplating or facing a divorce.  As a divorce attorney of almost 15 years and a long-term mediator, I am here to tell you that there are options on how you can process the divorce in Arizona.  Your choices will impact how long, expensive and stressful the process will be, as well as how much control you will have over the outcome. In an Arizona divorce, either the parties or the Court will determine such issues as:  custody, parental … [Read more...]

Divorce Arizona – If Mediation Is So Great, Why Doesn’t Everyone In Arizona Use It?

Mediation is effective at resolving disputes quickly, inexpensively and confidentially.  Around 90 percent of all people who try mediation end their conflict in mediation. You read that correctly:  almost all mediations are successful – no risky and expensive litigation necessary. Then why isn’t everyone using mediation in AZ?  First, many people do not even know mediation is an option.  Many think the only way to deal with a conflict is to sue or suffer.  Further, businesses and … [Read more...]

Divorce in Arizona your First Step

If you are reading this article, you are probably considering a divorce in Arizona or helping a loved one who is faced with one.  My purpose in writing articles is to let people know they have a choice in how they end their marriage.  Many people assume that the only way to get divorced is to engage in an adversarial process.  That is not true.  While you can use the traditional litigation process, that is not the only option. Traditional litigation involves one party filing a Petition … [Read more...]

Minimize Negative Effects of Divorce on Your Children in Arizona

There have been a number of studies on the effects of divorce on children.   Divorce has been found to be “an intensely stressful experience for all children.”  [1] Children often are frightened, confused and feel a loss of control and security.  [2] The amount of parental conflict during and after a divorce is the single most important factor in determining children’s well-being. [3] The American Academy of Child & Adolescent Psychiatry concluded: Children will do best if they … [Read more...]

Is Arizona a No Fault Divorce State?

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 … [Read more...]

Is Collaborative Divorce the best way for me to Resolve my AZ Divorce?

Collaborative divorce in Arizona is a more peaceful method of resolving your divorce (and other family law matters).  In collaborative divorce, the parties agreed to forgo litigation and the acrimony that comes with it.  Both parties still have attorneys, but they are attorneys who are trained in the collaborative practice who work with other team members to help the parties resolve their disputes.  The team members include: •    A coach for each party.  A coach supports the party and helps … [Read more...]

Arizona Collaborative Divorce

There are options other than slugging it out in court if you are getting a divorce in Arizona.   Some other options include Mediation and Collaborative Divorce.  This article will only focus on the Collaborative option for getting divorced.  With Collaborative Divorce, the main focus is to settle all issue of a divorce (such as custody, child support, spousal maintenance and the division of property and debts) collaboratively and without going to court. The concept is to work together as a team … [Read more...]

Arizona Mediation – An Alternative To Litigating Your Divorce

Arizona Mediation - An Alternative To Litigating Your Divorce Everyone has heard about the nightmares associated with divorce litigation: huge attorney and expert fees, aggressive letters from the opposing attorney, and endless requests for documents and information about your private life that you must provide.  At the end of it all, usually one or both parties are not wholly satisfied with how the Court has ruled. Mediation is an alternative to divorce litigation.   This article … [Read more...]

Simmons & Gottfried, PLLC
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 998-1500