Family Law
Filing for a Divorce, Modification or Enforcement of Orders, Order of Protection, Prenuptial Agreement
Austin White has concentrated his practice in law handling:
- Contested and uncontested Divorces and Legal Separations;
- Custody (legal-decision making) and parenting time litigation,
including relocation cases;
- Complex and high-value asset litigation, including those
involving real estate, closely held businesses and/or
professional practices;
- Post-Decree modification of custody (legal-decision making),
parenting time and/or child support proceedings;
- Spousal maintenance and support;
- Mediation, Alternative Dispute Resolution, Collaborative law and
other forms of settlement focused processes;
- Enforcement of Court orders and Contempt proceedings;
- Orders of Protection and Injunctions Against Harassment;
- Prenuptial/Premarital and Post nuptial Agreements;
- Other areas of Family Law
Divorce & Legal
Separation
Community Property, Division of Assets and Debts, Business and Real Property
Divorce
If you’re looking for an Arizona divorce lawyer, then you’re likely going through one of the most emotional and stressful times in your life. The decision to file for divorce is a difficult one, and you may be required to make painful legal and financial decisions that will impact your financial security, your children’s lives, your income and other aspects of your lifestyle. It is extremely important to know what you can expect before you begin initiating divorce proceedings.
What is a Divorce?
Simply put, a divorce refers to the legal dissolution of a marriage by a court procedure, while factoring in child support and custody, division of community property and debt, and if applicable, determination of spousal maintenance or alimony. In Arizona, a court will accept a divorce case only if one of the residents has been a domiciled resident of Arizona for at least 90 days before filing the petition for divorce, or was stationed in Arizona while in military service, for a minimum of 90 days before filing the divorce petition.
Legal Separation
A legal separation is very similar to a dissolution of marriage or divorce, except that the partners cannot marry again. Every other aspect of a legal separation may be very similar to a divorce in terms of child support and custody, spousal maintenance, and the disposition of the property. Typically, both parties would need to agree to a legal separation as opposed to a divorce.
CUSTODY &
PATERNITY
Legal Decision-Making, Parenting Time, Child Support
Custody (Legal Decision-Making)
Legal decision-making (formerly known as custody) refers to the right of a person to make decisions about the physical, educational, health and spiritual needs of the child. There are no set rules for legal decision-making, and Arizona courts do not favor one parent over the other, based on gender, while deciding on legal decision-making.
Sole Legal Decision-Making
When sole legal decision-making is ordered, only one parent has the right to make important decisions for the child. Sole legal decision-making doesn’t mean that decisions are unilateral. Both parents may discuss these decisions, but the parent who has been given sole legal decision-making, will have final say on these matters.
Joint Legal Decision-Making
When joint legal decision-making is ordered, both parents have equal right to make decisions for their child. Neither parent will have preference over the other’s decision. In some cases, the court may order that certain issues regarding the child will be decided by only one parent.
Parenting Time
Parenting time is another term for visitation. It is important for a child to continue to have a meaningful relationship with both parents and Arizona courts will order parenting time to ensure that a child has continuing contact with both parents. However, parenting time may be limited or even denied if a court finds that a child is at risk of suffering from any kind of physical, mental or emotional harm resulting from contact with a parent.
Parenting time can vary according to a child’s age and needs. It also varies based upon the proximity of each parent’s home. Parenting time can range from having the child in a parent’s care for a day or two each week to caring for the child on an equal time basis.