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Arizona Divorce, Legal Separation and Paternity Laws

Our Scottsdale Arizona Divorce Lawyers

Scottsdale Arizona Family Law Attorneys

Whether you are married and considering a divorce or legal separation in Arizona or are a parent of a child and need to establish paternity in Arizona, we want to provide you with the information you need to understand the laws and processes to successful navigate the legal aspects of your case.

We will empower you to learn the entire process that applies to your case through our dedicated practice area pages that provide a comprehensive explanation of all of the issues you are likely to face, as well as our frequently asked questions pages that answer more specific questions we here from our clients.

Although we endeavor to provide answers to every question you may have, there is always a chance you have a unique question not covered on our website. Please email us through our Contact Us form if you have a question not answered on our website and we will immediately add information covering that subject on our website.

Our mission is to create the most comprehensive Arizona divorce, legal separation, and paternity website to assist those in need of information regarding Arizona family law and we appreciate your input to enable us to do so.

If you are considering a divorce or your spouse has chosen to file for divorce, you need to focus on two very important goals. The first is to find the best Arizona divorce attorney to protect what is most important to you. We are going to help with that decision by informing you what questions to ask to find the Arizona divorce lawyer who is best for you by providing you with an "insider" view of what makes the best Arizona divorce attorney for you.

The second thing you need to do is to educate yourself on the laws, processes, and procedures you will face to enable you to prepare yourself to present the most persuasive arguments in support of your position, whether you choose to retain an attorney or decide to represent yourself. We are here to help you, regardless whether you choose to retain our law firm, hire another attorney, or choose to tackle your family law issue on your own.

Please click on the Arizona divorce laws link below for comprehensive information on divorce in Arizona.

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Arizona Legal Separation Laws

A legal separation in Arizona is very similar to an Arizona divorce case except the parties in a legal separation are not restored to the status of single people and, therefore, neither party may remarry unless the legal separation is subsequently converted into a divorce. There are various reasons married partners seek this family law option, as opposed to a divorce, including religious reasons and in some limited instances to ensure a spouse may continue health insurance coverage, if allowed by the insurance plan, under the other spouse's employer sponsored health insurance plan.

Please click on the Arizona legal separation laws link below for comprehensive information on legal separation in Arizona.

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Arizona Legal Separation Laws. Scottsdale Arizona legal separation attorneys.  Legal separation in Arizona.

Arizona Child Custody Laws

Child custody in Arizona, including legal decision making and parenting time, is based primarily upon Arizona Revised Statute 25-403. That statute sets forth the factors the court must consider before determining each parent's right to participate in making major decisions for their child and each parent's rights with respect to parenting time with the child.

There are several forms of child custody, including sole legal decision making, joint legal decision making and some hybrid versions of both. Different forms of legal decision making rights entitle a parent to differing rights with respect to their child.

Child custody and parenting time issues typically arise during divorce proceedings. Child custody and parenting time orders are also subject to modification by the court if it is determined by the court to be in the best interests of the child to do so.

Please click on the Arizona child custody laws link below for comprehensive information on child custody law in Arizona.

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Arizona Child Support Laws

Arizona child support laws provide for the establishment and modification of child support orders. In all cases of legal separation or divorce, the court is required to establish the amount of child support to be paid for the benefit of the child. The calculation of child support is based upon the application of the Arizona Child Support Guidelines.

Payments for child support are required to go through the Arizona Child Support Clearinghouse, unless the parties agree otherwise. In most cases, the court will issue a Wage Assignment for the child support to come directly out of the paying spouse's paycheck to be paid to the other parent.

Please click on the Arizona child support laws link below for comprehensive information on child support law in Arizona.

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Arizona Spousal Maintenance Laws

The primary purpose of spousal maintenance in Arizona is to provide relief for a potentially unfair economic consequences resulting from a divorce when one spouse is unable to financially support himself or herself or has children of such young age he or she should not be expected to work full time.

In other cases, a form of "compensatory" spousal maintenance is ordered, even if that spouse is able to financially support himself or herself, but there are other reasons for making such an award.

Even after community property is divided and child support is awarded in an Arizona divorce, there are specific guidelines established with respect to determining the amount and duration of an award of spousal maintenance. An award of alimony in Arizona by a judge is very discretionary and, thus, it is important to have a very knowledgeable Arizona divorce attorney to represent you if spousal maintenance is an issue in your case.

Furthermore, a court typically retains the authority to modify and/or terminate an award of spousal maintenance based upon various changes in circumstances including, but not limited to, significant economic changes of one of the former spouses and/or cohabitation and expense sharing by the former spouse receiving the alimony, among other reasons.

Please click on the Arizona child custody laws link below for comprehensive information on child custody law in Arizona.

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Arizona Community Property Laws

Arizona is one of the relatively few states that apply community property law principles to the assets and debts acquired by spouses during their marriage. The property involved may be defined as sole and separate property, community property, quasi-community property, jointly owned property, or common property.

Generally, sole and separate property results from a spouse receiving a gift, an inheritance, or because the asset was owned by that spouse prior to the parties' marriage. Generally, community property refers to most property obtained during the course of a marriage. However, there are many exceptions to these very general rules that may change the court's classification of sole and separate and/or community property.

The applicable statute requires the court to fairly divide community property. The manner in which community property is fairly divided, however, may become very complicated with respect to vested stock options, stock options that have not yet vested, retirement benefits, pensions, employee stock ownership plans, and community owned businesses.

Please click on the Arizona community property laws link below for comprehensive information on community property law in Arizona.

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Arizona Business Appraisal During Divorce

A marital community may have a community property interest in a business begun prior to marriage, as well as a business owned prior to marriage in some circumstances. In many cases, the parties will retain a business appraisal to determine the value of that business.

Business appraisals are extremely complicated and businesses may comprise the largest single asset in a divorce. It is critically important, therefore, to understand what a business appraisal is, how they are completed, and what you can do to protect your interests in a community owned business.

Please click on the Arizona business appraisal laws link below for comprehensive information on business appraisal law in Arizona.

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Arizona Paternity Laws

Arizona paternity laws in the state of Arizona allow the establishment of the legal relationship as a parent between a father and his child born out of wedlock. When a child is born during a marriage, the husband is presumed to be the father of the child as a matter of law and, therefore, he does not need to establish paternity.

Establishing paternity in Arizona of a child born out of wedlock is extremely important due to the fact the child's father has no legal rights to making decisions for or having parenting time with the child. In many cases, DNA testing may be used as a method for establishing a father is the biological parent of a child.

Please click on the Arizona paternity laws link below for comprehensive information on paternity law in Arizona.

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Arizona Child Abuse Laws

Child abuse in Arizona is generally defined as the physical, sexual or emotional mistreatment or neglect of a child. Hildebrand Law, PC takes child abuse cases very seriously, has been extensively involved in representing parents in child abuse cases for well over a decade, and are often referred child abuse cases by other family law attorneys and mental health workers.

Our Arizona child abuse lawyers are dedicated to investigating and ascertaining the truth in all such cases to protect children from harm and to correct any injustices to a parent's relationship with his or her child resulting from a false allegation of child abuse. Child abuse accusations are raised in only a small percentage of family law cases, so it is crucial to retain an experienced Arizona child abuse lawyer with extensive knowledge regarding how to handle such cases.

Please click on the Arizona paternity laws link below for comprehensive information on paternity law in Arizona.

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Arizona Order of Protection Laws

The Arizona family law attorneys at Hildebrand Law, PC are experienced at obtaining, defending, and contesting an order of protection. Our experienced family law attorneys will represent you in court to obtain a valid order of protection, to defend your valid order of protection if contested by the other party, or to invalidate an existing improper order of protection.

Common reasons for seeking an order of protection in Arizona include, but are not limited to, domestic violence, harassment, stalking, or child abuse or neglect. Orders of protection in Arizona are taken very seriously and may be granted the same day it is requested.

Please click on the Arizona order of protection laws link below for comprehensive information on order of protection law in Arizona.

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Arizona Divorce Mediation

Arizona divorce mediation is an amicable process by which both parties meet with a neutral attorney and cooperate to reach reasonable compromises to resolve the issues in their divorce case. Both parties are encouraged to consider the needs and wishes of the other party to help each party gain a better understanding of the other person's wishes and motivations.

The attorneys at Hildebrand Law, PC act as neutral divorce mediators to assist parties in avoiding disputes and resolving the issues in their family law case. As a neutral family law mediator, the attorney conducting the mediation does not represent either party but, instead, acts as a facilitator of amicable discussions and problem solver to assist the parties in avoiding expensive litigation costs.

Common issues involved during a divorce mediation include community property, child custody or parenting time, child support, spousal maintenance, investment and retirement accounts and tax issues.

Please click on the Arizona divorce mediation laws link below for comprehensive information on order divorce mediation law in Arizona.

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Contact Our Arizona Divorce Attorneys

Contact us today or call us at 480-305-8300 to schedule your consultation with our AZ divorce attorney regarding divorce in AZ or your need for an Arizona family law attorney or any other Arizona family law matter.

Family Practice Areas
Arizona Divorce Process
Arizona Legal Separation
Arizona Paternity
Arizona Alimony
Arizona Child Custody
Arizona Child Abuse
Arizona Child Support
Arizona Orders of Protection
Arizona Community Property
Arizona Divorce Laws
Family Law Mediation
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4900 N. Scottsdale Rd. Suite 2800 Scottsdale, AZ 85251.
Phone: (480) 305-8300
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