WHAT DO I NEED TO KNOW IN ORDER TO PROCEED WITH MY CASE
HOW DOES THE DIVORCE PROCESS START?
One spouse, called the Petitioner, files a document called a "Petition for Dissolution of Marriage" (along with several other documents) with the Clerk of the Court in his or her county of residence. The other spouse, called the Respondent, is then served with the Petition and the other documents. If the Respondent does not agree with what the Petitioner has requested in the Petition, the Respondent must file a "Response" no later than 20 days (30 days if served out of state) after he or she was served with the Petition and other documents.
If Respondent fails to file a written "Response" within the time allowed, Petitioner can apply to the Court for a default. The Petitioner must file an "Application for Entry of Default" with the Court and mail a copy to the Respondent. The Respondent then has another opportunity to file a Response. Respondent has ten days from the date of the Application for Entry of Default to file a Response. If the Respondent still does not file a Response within ten days from the date the Application for Entry of Default was filed and mailed, then Petitioner can proceed with setting a hearing to complete the dissolution.
WHAT IS THE DIFFERENCE BETWEEN A CONTESTED DIVORCE AND AN UNCONTESTED DIVORCE?
If a divorce is contested, it means that Petitioner and Respondent do not agree on some aspect of the case, and the Respondent has filed a Response to contest what Petitioner has requested in the Petition. Some examples of these issues, that must be resolved prior to the Judge granting a divorce, are child custody, child support, spousal maintenance, division of property and division of debts. If an agreement cannot be reached by both parties, the case will go to a Trial and be heard before a Judge, who will render a decision on the unresolved issues. In Arizona there are no juries in a divorce case.
An uncontested divorce is one where the parties mutually agree on all of the issues and there are no disputes. Accordingly, all that needs to be done is to memorialize the agreement in writing, and submit the agreement to the Court for the Judge's approval.
HOW LONG DO I HAVE TO WAIT BEFORE I CAN FILE FOR A DIVORCE IN ARIZONA?
Either you or your spouse must live in the state of Arizona for at least 90 days prior to filing of a Petition for Dissolution of Marriage in Arizona. However, either party can file for a Legal Separation the moment they start residing in the state of Arizona.
WHAT IS "JOINT" LEGAL CUSTODY?
There are two different kinds of "Custody." "Legal" and "Physical." Physical custody is the term used to describe the actual physical time sharing arrangements. Legal custody is the right to participate in long term decisions being made for the benefit of the minor child.
One spouse, called the Petitioner, files a document called a "Petition for Dissolution of Marriage" (along with several other documents) with the Clerk of the Court in his or her county of residence. The other spouse, called the Respondent, is then served with the Petition and the other documents. If the Respondent does not agree with what the Petitioner has requested in the Petition, the Respondent must file a "Response" no later than 20 days (30 days if served out of state) after he or she was served with the Petition and other documents.
If Respondent fails to file a written "Response" within the time allowed, Petitioner can apply to the Court for a default. The Petitioner must file an "Application for Entry of Default" with the Court and mail a copy to the Respondent. The Respondent then has another opportunity to file a Response. Respondent has ten days from the date of the Application for Entry of Default to file a Response. If the Respondent still does not file a Response within ten days from the date the Application for Entry of Default was filed and mailed, then Petitioner can proceed with setting a hearing to complete the dissolution.
WHAT IS THE DIFFERENCE BETWEEN A CONTESTED DIVORCE AND AN UNCONTESTED DIVORCE?
If a divorce is contested, it means that Petitioner and Respondent do not agree on some aspect of the case, and the Respondent has filed a Response to contest what Petitioner has requested in the Petition. Some examples of these issues, that must be resolved prior to the Judge granting a divorce, are child custody, child support, spousal maintenance, division of property and division of debts. If an agreement cannot be reached by both parties, the case will go to a Trial and be heard before a Judge, who will render a decision on the unresolved issues. In Arizona there are no juries in a divorce case.
An uncontested divorce is one where the parties mutually agree on all of the issues and there are no disputes. Accordingly, all that needs to be done is to memorialize the agreement in writing, and submit the agreement to the Court for the Judge's approval.
HOW LONG DO I HAVE TO WAIT BEFORE I CAN FILE FOR A DIVORCE IN ARIZONA?
Either you or your spouse must live in the state of Arizona for at least 90 days prior to filing of a Petition for Dissolution of Marriage in Arizona. However, either party can file for a Legal Separation the moment they start residing in the state of Arizona.
WHAT IS "JOINT" LEGAL CUSTODY?
There are two different kinds of "Custody." "Legal" and "Physical." Physical custody is the term used to describe the actual physical time sharing arrangements. Legal custody is the right to participate in long term decisions being made for the benefit of the minor child.
Joint legal custody means that both parties share decision making responsibility for the child, and that neither party's legal rights are superior to the other's. "Joint Custody" may be awarded if a Judge determines that the parties can communicate with one another well enough to make joint decisions together, regarding the child's well-being. Also, the Judge must make a finding that there have been no "significant" instances of prior domestic violence, and that the proposed arrangement is logistically possible.
If The Court feels that the parties cannot communicate with one another, then one spouse may be granted sole legal custody of the parties' minor child, giving that spouse primary authority to make all the major decisions regarding the child, and the other spouse may have little if any input.
If The Court feels that the parties cannot communicate with one another, then one spouse may be granted sole legal custody of the parties' minor child, giving that spouse primary authority to make all the major decisions regarding the child, and the other spouse may have little if any input.
Primary physical custody means that one parent has the child physically most of the time. This parent shall make all the routine daily decisions with respect to the child's health and general welfare.
WHAT FACTORS ARE CONSIDERED WHEN THE JUDGE IS DECIDING WHO WILL GET CUSTODY OF THE CHILDREN?
The most difficult issue in any divorce involves the issue of who will be awarded custody of a child. If the Petitioner and Respondent cannot agree on custody arrangements, The Court will be forced to make that decision for them. The Court will always decide the issue of custody looking to the "best interests" of the child as the standard.
The Court will consider many factors, such as the wishes of the child and the parents; the health, both mentally and physically of all individuals involved; any past or present domestic violence; drug, alcohol, or other substance abuse; criminal records; as well as the current living arrangements and living conditions of the parents and the child.
HOW MUCH CHILD SUPPORT WILL I HAVE TO PAY OR WILL I RECEIVE?
Child support is determined by a set formula adopted by the Arizona Supreme Court. The amount of support is determined by adding together the monthly gross income for each party; and then by taking that number and looking at the Guidelines to determine a basic support amount. The basic support amount is then altered by other necessities such as medical insurance for the child, child care costs, extraordinary educational expenses, the age of the child, and support of any other natural or adopted children by the parent.
WHAT IS CONCILIATION SERVICES AND HOW DOES IT WORK? Conciliation Services is a separate division of the Court made up of trained family counselors. These mediators are available to people going through a divorce, or other family disputes, to assist them in resolving those disputes without the necessity of a trial. Conciliation services is offered free to the public.
WHAT FACTORS ARE CONSIDERED WHEN THE JUDGE IS DECIDING WHO WILL GET CUSTODY OF THE CHILDREN?
The most difficult issue in any divorce involves the issue of who will be awarded custody of a child. If the Petitioner and Respondent cannot agree on custody arrangements, The Court will be forced to make that decision for them. The Court will always decide the issue of custody looking to the "best interests" of the child as the standard.
The Court will consider many factors, such as the wishes of the child and the parents; the health, both mentally and physically of all individuals involved; any past or present domestic violence; drug, alcohol, or other substance abuse; criminal records; as well as the current living arrangements and living conditions of the parents and the child.
HOW MUCH CHILD SUPPORT WILL I HAVE TO PAY OR WILL I RECEIVE?
Child support is determined by a set formula adopted by the Arizona Supreme Court. The amount of support is determined by adding together the monthly gross income for each party; and then by taking that number and looking at the Guidelines to determine a basic support amount. The basic support amount is then altered by other necessities such as medical insurance for the child, child care costs, extraordinary educational expenses, the age of the child, and support of any other natural or adopted children by the parent.
WHAT IS CONCILIATION SERVICES AND HOW DOES IT WORK? Conciliation Services is a separate division of the Court made up of trained family counselors. These mediators are available to people going through a divorce, or other family disputes, to assist them in resolving those disputes without the necessity of a trial. Conciliation services is offered free to the public.
WHEN IS A PARTY ENTITLED TO SPOUSAL MAINTENANCE OR ALIMONY?
In Arizona, the law acknowledges that marriages are financial partnerships, and even though one party may not have worked outside the home, the law presumes that this spouse still contributed equally to the marriage in other ways. The other ways a spouse may have contributed to the marriage, include but are not limited to, child rearing, managing the household, and providing physical and emotional support to the primary paycheck earner.
The party seeking spousal maintenance is not necessarily automatically entitled to it. The party seeking an award of spousal maintenance must be able to prove a need for it. The Court may award spousal maintenance to the party seeking it if they can show any of the following criteria:
In Arizona, the law acknowledges that marriages are financial partnerships, and even though one party may not have worked outside the home, the law presumes that this spouse still contributed equally to the marriage in other ways. The other ways a spouse may have contributed to the marriage, include but are not limited to, child rearing, managing the household, and providing physical and emotional support to the primary paycheck earner.
The party seeking spousal maintenance is not necessarily automatically entitled to it. The party seeking an award of spousal maintenance must be able to prove a need for it. The Court may award spousal maintenance to the party seeking it if they can show any of the following criteria:
- That they lack sufficient property to provide for themselves.
- That they are unable to support themselves through appropriate current employment or future employment.
- They are the custodial parent of a minor child whose age or condition is such that they should not be required to work outside the home.
- That party contributed to the educational opportunities of the other spouse.
The Court will also consider the number of years the parties were married and whether the party requesting spousal maintenance is of an age that there is little chance of gaining adequate employment. The other party must also have the ability to pay the spousal maintenance. If these circumstances exist, the Court will determine the amount of maintenance to be paid in addition to determining how long it is to be paid. In determining the amount and duration of the support, the Court will consider all relevant factors, including but not limited to:
The standard of living established during the marriage. The duration of the marriage.
The age, employment history, earning ability, and the physical and emotional health of the spouse seeking maintenance.
The ability of the spouse from whom maintenance is sought to meet his or her needs while also meeting the needs of the spouse seeking the maintenance award.
The comparative financial resources of the spouses, including their comparative earning abilities.
The contributions, if any, of the spouse seeking maintenance to the earning ability of the other spouse.
The extent, if any, to which the spouse seeking maintenance has reduced their own income or career opportunities for the benefit of the other spouse.
The financial resources of the party seeking maintenance, including marital property apportioned to such party, and such party's ability to meet their needs independently.
WHEN IT COMES TO DIVIDING OUR MARITAL PROPERTY HOW DOES THE COURT DECIDE?
Arizona is a community property state, and the principles of community property guide the Courts when dividing the marital assets. As an oversimplification, all property acquired during marriage is presumed to be community property. There are exceptions to this rule. But, for the most part, The courts consider all property acquired during marriage to be the property of the marital community, and subject to 50/50 division. Certain property is considered to be separate property, not subject to division, meaning it belongs solely to one spouse. Examples of separate property include property owned prior to the marriage, or property one spouse received as a gift or through an inheritance.
Property that was once separate may become community property if it is transmuted. There are a number of instances of this, such as property that has been co-mingled or deemed given as a gift to the community. Co-mingling can occur, for example, by depositing separate property funds into a joint bank account, and then paying living expenses with the account. In this instance, the funds loose their separate nature. Gifting could occur by using separate property to promote and improve the community property, such as the marital residence.
When the marriage is dissolved the Court attempts to make an equitable, though not necessarily equal, division of the community assets and also awards each spouse their own separate assets.
CAN I BE AWARDED MY LEGAL EXPENSES OR ANY OTHER INCURRED EXPENSES RELATED TO MY CASE?
The law does provide for an award of attorneys' fees and costs in Family Court matters. The award of attorneys' fees and costs is a discretionary award, left up to the Judge hearing the case.
After considering both parties' financial resources, current circumstances, and the reasonableness of each party's position throughout the litigation, the Court may order one spouse to pay a reasonable amount to the other spouse for legal fees, including court costs and attorneys' fees. In reaching a decision on whether to award fees and costs, the Court will base its decision on the ability of each party to pay for their own fees and expenses. The reason The Court will award an amount of fees and costs is to allow the party with the least financial resources an equal opportunity to present their case. The Court also uses this award as a means to provide a sanction against a party that took a very unreasonable position throughout the litigation process.
Arizona is a community property state, and the principles of community property guide the Courts when dividing the marital assets. As an oversimplification, all property acquired during marriage is presumed to be community property. There are exceptions to this rule. But, for the most part, The courts consider all property acquired during marriage to be the property of the marital community, and subject to 50/50 division. Certain property is considered to be separate property, not subject to division, meaning it belongs solely to one spouse. Examples of separate property include property owned prior to the marriage, or property one spouse received as a gift or through an inheritance.
Property that was once separate may become community property if it is transmuted. There are a number of instances of this, such as property that has been co-mingled or deemed given as a gift to the community. Co-mingling can occur, for example, by depositing separate property funds into a joint bank account, and then paying living expenses with the account. In this instance, the funds loose their separate nature. Gifting could occur by using separate property to promote and improve the community property, such as the marital residence.
When the marriage is dissolved the Court attempts to make an equitable, though not necessarily equal, division of the community assets and also awards each spouse their own separate assets.
CAN I BE AWARDED MY LEGAL EXPENSES OR ANY OTHER INCURRED EXPENSES RELATED TO MY CASE?
The law does provide for an award of attorneys' fees and costs in Family Court matters. The award of attorneys' fees and costs is a discretionary award, left up to the Judge hearing the case.
After considering both parties' financial resources, current circumstances, and the reasonableness of each party's position throughout the litigation, the Court may order one spouse to pay a reasonable amount to the other spouse for legal fees, including court costs and attorneys' fees. In reaching a decision on whether to award fees and costs, the Court will base its decision on the ability of each party to pay for their own fees and expenses. The reason The Court will award an amount of fees and costs is to allow the party with the least financial resources an equal opportunity to present their case. The Court also uses this award as a means to provide a sanction against a party that took a very unreasonable position throughout the litigation process.
PROUDLY SERVING THE GREATER METRO PHOENIX AREA AS WELL AS SURROUNDING AREAS, & OUT OF STATE CLIENTS, & INTERNATIONAL CLIENTS WITH THEIR FAMILY LAW NEEDS FOR ALMOST 20 YEARS WITH OUTSTANDING EXCELLENCE & EXPERIENCE!!! PLEASE CALL US AT (602) 621-0779 FOR YOUR FREE PERSONALIZED INITIAL CONSULTATION REGARDING YOUR SPECIFIC FAMILY LAW MATTER TODAY!!!
Make Sure To Call (602) 621-0779 Today To Arrange Your Free Initial Consultation!!!
Here you will find answers to common questions about divorce, child custody, visitation, child support, paternity, spousal maintenance, pre-nuptial agreements, grandparent's rights, modification, enforcement, debt allocation, property division and domestic violence. You will also find frequently asked questions about hiring an attorney and the litigation process.
Frequently Asked Questions:
Q. DO I NEED A LAWYER TO GET A DIVORCE?
A. Not if you don't have anything to protect. If you were married a very short time, have acquired no property during the marriage, no debts, and there are no children involved, this is a simple divorce. You can obtain the appropriate forms for a few dollars through the Court's "Self Service Center", or hire a paralegal to do the simple forms for you. HOWEVER, if you and your spouse have children, and do not agree on custody, visitation, child support, spousal maintenance or the division of property and debts, you probably should hire an attorney.
A. Not if you don't have anything to protect. If you were married a very short time, have acquired no property during the marriage, no debts, and there are no children involved, this is a simple divorce. You can obtain the appropriate forms for a few dollars through the Court's "Self Service Center", or hire a paralegal to do the simple forms for you. HOWEVER, if you and your spouse have children, and do not agree on custody, visitation, child support, spousal maintenance or the division of property and debts, you probably should hire an attorney.
Q. WHAT DOES A DIVORCE COST?
A. The Court requires a filing fee from each spouse, specifically $321.00 from the Petitioner and $256.00 from the Respondent. The remaining costs are usually attorney's fees. Attorney's charge by the hour and both rates and retainer amounts vary from attorney to attorney. Our firm is one of the firms who also will occasionally agree to flat fees, payment arrangements, etc. The cost of the process is very much so in your hands. The more reasonable your position, the more information you can provide to your attorney, the less footwork the attorney must do on things you can do yourself, and the more reasonable your expectations are, the less your fees will be. CLICK HERE FOR A LINK TO SEE THE LISTING OF COURT FILING FEES!
A. The Court requires a filing fee from each spouse, specifically $321.00 from the Petitioner and $256.00 from the Respondent. The remaining costs are usually attorney's fees. Attorney's charge by the hour and both rates and retainer amounts vary from attorney to attorney. Our firm is one of the firms who also will occasionally agree to flat fees, payment arrangements, etc. The cost of the process is very much so in your hands. The more reasonable your position, the more information you can provide to your attorney, the less footwork the attorney must do on things you can do yourself, and the more reasonable your expectations are, the less your fees will be. CLICK HERE FOR A LINK TO SEE THE LISTING OF COURT FILING FEES!
At our law firm, we will never "Churn" a case. Our firm does not believe in drumming up animosity to generate higher fees, which is the practice of some other firms. Our philosophy is to dissipate animosity, begin negotiation, and achieve the best result for our clients. If a settlement is not possible, a request for a hearing will be made. You are looking for results, not a show! High levels of animosity result in irrational behavior and unreasonable expectations on both sides. This is not in our client's best interests, and profits no one. An attorney that engages in "Churning" cases gets a bad reputation in this field.
Q. HOW LONG DOES IT TAKE TO GET DIVORCED?
A. By law, a divorce cannot be granted until at least 60 days has passed from the time Respondent is served with divorce papers. If the parties are able to resolve their issues, they may submit the appropriate documents to the Court, and no court appearance will be necessary. In those cases, the divorce is usually completed in about 90 days. Of course, it the parties are not able to resolve the issues, a divorce case can take a year if the parties are litigating one or more issues.
A. By law, a divorce cannot be granted until at least 60 days has passed from the time Respondent is served with divorce papers. If the parties are able to resolve their issues, they may submit the appropriate documents to the Court, and no court appearance will be necessary. In those cases, the divorce is usually completed in about 90 days. Of course, it the parties are not able to resolve the issues, a divorce case can take a year if the parties are litigating one or more issues.
Q. WHAT IS A COMMUNITY PROPERTY STATE?
A. Arizona is a community property state. Community property is based upon old Spanish Law. Community property is generally defined as all property and debt acquired during the marriage, regardless of who holds title at the time of the divorce. Of course, there are some exceptions to this general rule. Community property and debts will be "equitably" divided by the Court in a dissolution, which generally means that both parties are entitled to one-half of the property and liable on one-half of all debts, but again, there are exceptions.
A. Arizona is a community property state. Community property is based upon old Spanish Law. Community property is generally defined as all property and debt acquired during the marriage, regardless of who holds title at the time of the divorce. Of course, there are some exceptions to this general rule. Community property and debts will be "equitably" divided by the Court in a dissolution, which generally means that both parties are entitled to one-half of the property and liable on one-half of all debts, but again, there are exceptions.
Q. HOW DOES THE COURT DETERMINE CHILD CUSTODY?
A. The Court will determine which physical and legal custody arrangement is in the best interests of the child. This is based upon many factors, including the the ability of each parent to care for the child. The Court has two choices for the Legal designation of custody, "sole custody" and "joint custody", and the Court must also determine a reasonable physical parenting time plan.
A. The Court will determine which physical and legal custody arrangement is in the best interests of the child. This is based upon many factors, including the the ability of each parent to care for the child. The Court has two choices for the Legal designation of custody, "sole custody" and "joint custody", and the Court must also determine a reasonable physical parenting time plan.
Q. HOW IS SOLE LEGAL CUSTODY DIFFERENT THAN JOINT LEGAL CUSTODY?
A. Legal Custody is the right to participate in the major long term decisions made for the benefit of the child. Sole custody is where one parent makes all of the major decisions regarding the child. Joint Custody is where both parent make decisions together regarding major issues such as education, medical treatment, and religious upbringing.
A. Legal Custody is the right to participate in the major long term decisions made for the benefit of the child. Sole custody is where one parent makes all of the major decisions regarding the child. Joint Custody is where both parent make decisions together regarding major issues such as education, medical treatment, and religious upbringing.
Q. HOW MUCH CHILD SUPPORT DOES THE COURT ORDER?
A. The amount varies from case to case and is based upon the Arizona Child Support Guidelines, which use a formula to calculate the amount. The formula includes the gross income of each parent, child care costs, health insurance costs, the age of the child, and the amount of visitation each parent has with the child. Child support can be modified as those amounts change.
A. The amount varies from case to case and is based upon the Arizona Child Support Guidelines, which use a formula to calculate the amount. The formula includes the gross income of each parent, child care costs, health insurance costs, the age of the child, and the amount of visitation each parent has with the child. Child support can be modified as those amounts change.
Q. IF I AM DIVORCED, CAN I MODIFY THE COURT ORDERS?
A. Child custody and visitation can be changed one year after the Order was entered, and upon a showing of a substantial and continuing change of circumstances. An example would be when one parent relocates to another state or when a child is not being cared for properly by the custodial parent. Orders for child support can be modified upon a substantial and continuing change of circumstances, which is usually a 15% change (increase or decrease) in the child support amount. Spousal maintenance can be modified if the Decree does not provide that the amount is "non-modifiable." Property divisions are generally not modifiable.
A. Child custody and visitation can be changed one year after the Order was entered, and upon a showing of a substantial and continuing change of circumstances. An example would be when one parent relocates to another state or when a child is not being cared for properly by the custodial parent. Orders for child support can be modified upon a substantial and continuing change of circumstances, which is usually a 15% change (increase or decrease) in the child support amount. Spousal maintenance can be modified if the Decree does not provide that the amount is "non-modifiable." Property divisions are generally not modifiable.
Q. WHAT IS SPOUSAL MAINTENANCE AND WHO GETS IT?
A. Spousal Maintenance is money paid by one spouse to the other, for that spouse's financial support, assuming the person asking for support in genuinely non self-supporting. There are several criteria set forth in the statute for spousal maintenance, most of which are based upon financial need. Once financial need is established, other factors are considered such as length of marriage, young children to be cared for, the amount of property each spouse will receive in the divorce, the age and education of each spouse, and the income of each spouse. The age of the person asking for Spousal Maintenance is particularly relevant, and if the person is of an age that would permit pursuing a career, the question before the Court will be how much, and for how long, to give this person the opportunity to obtain the training necessary to be self-supporting in the future.
A. Spousal Maintenance is money paid by one spouse to the other, for that spouse's financial support, assuming the person asking for support in genuinely non self-supporting. There are several criteria set forth in the statute for spousal maintenance, most of which are based upon financial need. Once financial need is established, other factors are considered such as length of marriage, young children to be cared for, the amount of property each spouse will receive in the divorce, the age and education of each spouse, and the income of each spouse. The age of the person asking for Spousal Maintenance is particularly relevant, and if the person is of an age that would permit pursuing a career, the question before the Court will be how much, and for how long, to give this person the opportunity to obtain the training necessary to be self-supporting in the future.
Q. WHAT IF I HAVE A CHILD BUT AM NOT MARRIED TO THE OTHER PARENT OF MY CHILD?
A. This is called a Paternity matter, since there is no marriage to dissolve, but there are parents who have a child or children together. The parents still have custody, visitation and child support issues to resolve. Even though two parents are not married, they each still have rights and responsibilities to their children.
A. This is called a Paternity matter, since there is no marriage to dissolve, but there are parents who have a child or children together. The parents still have custody, visitation and child support issues to resolve. Even though two parents are not married, they each still have rights and responsibilities to their children.
Q. WHAT IF THERE IS DOMESTIC VIOLENCE IN THE HOME?
A. The Court can issue Orders of Protection. They can be used to remove a violent spouse from the residence and keep the violent spouse away. Of course, financial constraints, the limited number of shelters, and the amount of terror and control exerted by a domestically violent spouse often make filing for divorce and getting an Order of Protection difficult. An attorney can help reassure you of your rights to protect yourself and your children.
A. The Court can issue Orders of Protection. They can be used to remove a violent spouse from the residence and keep the violent spouse away. Of course, financial constraints, the limited number of shelters, and the amount of terror and control exerted by a domestically violent spouse often make filing for divorce and getting an Order of Protection difficult. An attorney can help reassure you of your rights to protect yourself and your children.
Q. DO I HAVE TO WAIT UNTIL THE DIVORCE IS FINAL TO GET VISITATION, CHILD SUPPORT OR OTHER RELIEF?
A. No. The Court can provide "Temporary Orders" for custody, visitation, child support, spousal maintenance, use of property and temporary division of debts. If you are in need of immediate financial help or are being denied access to your children, you can request Temporary Orders that require your spouse to pay support, or provide access to the children.
A. No. The Court can provide "Temporary Orders" for custody, visitation, child support, spousal maintenance, use of property and temporary division of debts. If you are in need of immediate financial help or are being denied access to your children, you can request Temporary Orders that require your spouse to pay support, or provide access to the children.
Q. WHAT IF I OR MY SPOUSE WANTS TO MOVE OUT OF STATE?
A. Moving out of State with the children is a difficult problem. One parent usually remains behind. The decision to remove a child from the state will affect the other parent's visitation rights, and given that, the moving parent must establish that the move is in the best interests of the child. The moving party must show some compelling reason for the requested move. If the parties cannot agree on the issue, the Court will decide based upon the best interests of the child.
A. Moving out of State with the children is a difficult problem. One parent usually remains behind. The decision to remove a child from the state will affect the other parent's visitation rights, and given that, the moving parent must establish that the move is in the best interests of the child. The moving party must show some compelling reason for the requested move. If the parties cannot agree on the issue, the Court will decide based upon the best interests of the child.
For more frequently asked questions click here!
