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Q: How do I choose an attorney?
A: Because of the personal nature of a family law case, as well as the wide latitude for intepretation of many family law statutes, choosing an attorney who is right for you and right for your case is among the most significant initial decisions a client must make.
See How to Choose a Family Attorney
Q: How do I start a divorce?
A: The first question a wise client will focus on prior to starting a divorce is not: What will be the outcome? It is: What negotiating process will I use to reach the outcome?
See Divorce: How To Get Started.
Q: What is the difference between a divorce and a legal separation?
A: Divorce is a final settlement of all legal issues between two married people. Legal Separation is similar to a divorce in that there is a final settlement of all legal issues between two married people, except the couple remains legally married and can take advantage of certain tax and health insurance benefits not available to divorced people.
Q: What will attorney fees cost?
A: Each case is unique and clarity around the fee arrangement with your attorney is critical to a good working relationship.
See Attorney Fees
Q: Can my spouse and I use one attorney?
A: The use of one attorney by you and your spouse is a desirable option when you have already resolved the issues or are close to resolving them and only need minimal additional information to complete a final settlement.
See Using One Attorney
Q: Will I need to pay / will I receive spousal maintenance and if so how much and for how long?
A: In a divorce or legal separation case in Arizona, spousal maintenance (also called alimony) can be awarded. In order for this to occur, the spouse who may receive spousal maintenance must meet certain criteria.
See Spousal Maintenace
Q: Will I need to pay / will I receive child support and if so how much?
A: Generally, Arizona law requires one spouse to pay child support according to a formula that is part of the Arizona Child Support Guidelines.
See Child Support
Q: How are child custody and visitation decisions made?
A: As concerned parents will attest, the divorce arrangements for the children may have the greatest long-term impact on the newly-configured family. An attorney's role in guiding you through this sensitive area transcends that of legal technician. When it comes to helping you with decisions about children, your attorney should be part counselor and part child development expert, doing the utmost to understand and keep the children's best interests in mind. No area of domestic relations law requires more of an attorney than helping guide a parent in making the best possible arrangements for the children.
The issue of parenting arrangements is complex and challenging and should be fully explored with an attorney experienced in custody and visitation matters.
See Parenting Arrangements
Q: How are the marital assets and debts handled in a divorce?
A: This can be a complex area of the law with multiple considerations. The completion of three distinct tasks helps to provide a road map for an appropriate distribution of the marital assets and debts:
Copyright 2009 Peter Axelrod, J.D., M. Ed.
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