Divorce Process In Arizona – An infographic by the team at Divorce process
**Categories:** Divorce --- ### [Before Heading Into the Courtroom](https://www.bestlawaz.com/before-heading-into-the-courtroom/) **Published:** December 27, 2013 **Author:** Cindy Best **Content:** Most importantly, be on time! There is nothing that will annoy a judge more than tardiness. If an emergency arises and you know you will be late, we recommend that you call the court to let them know exactly what is going on. First, know which courthouse you are assigned to. Please refer to Appendix D for a list of the four courthouses in Maricopa County and other county courthouses. There are judges with the same last names at different courthouses. Also, make sure that you know which court personnel or judge you are going to see. If you are unsure which judge or courthouse location you are assigned, you may check your paperwork or case status [here](http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp) to find out. When you get to the courthouse, see the directory of judges? names posted outside of their courtrooms. Once you reach the courtroom, read the signs outside the door of the court. Some judges ask that you buzz in on an intercom to let the clerk know that you have arrived. The location of the intercom is on the sign that tells you to call into the court. If you head into the courtroom prior to your scheduled time, be quiet, because there is likely another case ahead of yours. The courts are very busy these days and they try to fit many hearings into one day. This is why it is helpful if you are not distracting to the judge, the court staff or the other litigants when you enter the courtroom. **Categories:** Divorce **Tags:** court --- ### [Dress the Part](https://www.bestlawaz.com/dress-the-part/) **Published:** December 21, 2013 **Author:** Cindy Best **Content:** You want to be taken seriously when you are in the courtroom, right? First, dress the part. When you see a judge in court, you want to present yourself so that the judge knows this is a very important matter to you. We always request that our clients show up to court looking professional. Women should dress nicely, with either a suit or other dressy clothes. We often tell our clients to dress like they are going to church. Do not wear jeans, low-cut blouses or shorts. As for shoes, do not wear flip-flops or tennis shoes; nice sandals or heels are fine. Men should wear a suit with a tie. While we know you may not even own a suit, your court hearings are important and you want to start out with a good impression. If you absolutely cannot get or borrow a suit, we recommend nice pants with a blazer or sport coat and tie. Again, men should not wear jeans, sweatpants, jogging suits or shorts. As for men?s shoes, do not wear flip-flops, sandals or tennis shoes. **Categories:** Divorce **Tags:** court --- ### [Frequently Asked Questions Around Mediation](https://www.bestlawaz.com/frequently-asked-questions-around-mediation/) **Published:** December 16, 2013 **Author:** Cindy Best **Content:** **What is mediation?** Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms, with the assistance of an impartial mediator. **How much does mediation cost?** On average, mediation can cost approximately 20-30 percent of the total costs in a typical litigation. The parties can share those costs. At Best Law Firm, parties can pay by the hour, in a step-by-step process. **Does mediation cost less than two attorneys?** Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. How will the costs be determined or divided between the parties? The parties can decide how to divide the cost of the mediation. **What paperwork must be filed with the court to complete the mediation process?** No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the state of Arizona Support Payment Clearinghouse. **Where does this paperwork get filed?** Best Law Firm also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court. **Can I be divorced after mediation?** You will be divorced after the required documents are filed with the court and a judge signs the consent decree. **Can the mediator also act as my attorney?** No, a mediator cannot act as both your mediator and your individual attorney, because that would create a conflict of interest. If you would like Ms. Best to represent you individually to handle your case, you may visit our website at www.bestlawaz.com. Once an attorney becomes your mediator, he or she cannot represent either party. **What legal effects does mediation present?** Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process. Binding: Mediation is binding only if an agreement is reached by both parties, it is in writing and it is signed by both parties. **How long does the average divorce take in the litigation process?** In the Phoenix area, the average divorce proceedings take 6-12 months. **Can I still have an attorney if I mediate?** Yes, retaining individual counsel is an option; however, it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation. **If I?ve already filed for divorce, can we still mediate?** Yes, mediation is an option for parties even if they have already filed for divorce. Parties may decide litigation is not cost-effective, or that with the help of a third party, they can resolve their issues without the long, expensive litigation process. **When is mediation successful?** Mediation is successful when both parties are active, willing and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to each other. **Who will prepare the mediation agreement documents?** Best Law Firm provides document preparation services, including Rule 69 agreements (Memorandum of Understanding) that memorialize the parties’ agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans and property settlement agreements to finalize your case. **What if we cannot make an agreement?** If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules. **Are there areas of family law that cannot be mediated?** Substance abuse and domestic violence are issues that are not generally suitable for mediation. **What are some helpful personal documents to bring into mediation?** All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49. **What is special about Best Law Firm?** We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves. **Categories:** Divorce **Tags:** mediation --- ### [Hypothetical Cases](https://www.bestlawaz.com/hypothetical-cases/) **Published:** December 14, 2013 **Author:** Cindy Best **Content:** In Arizona, family law cases generally fall into two categories: parties who are taking their family law case to court for the first time (also known as “pre-decree” matters, such as the initial divorce) and parties who are returning to court, usually to enforce or modify prior court orders (also known as “post-decree” or “post-judgment” matters, such as changing parenting time or for enforcement of support). **Divorce or Dissolution Hypothetical: David and Christina** Hypothetically, let?s discuss the situation with David and Christina, who have been married for 12 years and have two children, DJ, age 10, and Eliza, age 6. David has been employed as a computer technician for most of the marriage and Christina is a teacher who has her summers off. They bought a house eight years ago and the mortgage is $1,200 per month. David moved into a small apartment three months ago. Christina also inherited $18,000 from her uncle Huck three years ago that she used to buy her car, a Volvo SUV. David has a vehicle with a loan, Christina has a retirement plan with the state of Arizona and David has almost no retirement, because they had a medical emergency three years ago for DJ?s fractured leg, suffered in a ski accident. They also incurred an additional $8,000 in MasterCard debt when Christina took time off to care for DJ. Both David and Christina have their differences and they have both decided that they need to get divorced. They are able to talk together, but they just do not agree on what they should do about custody, child support, the house and their debt. They are not even sure what custody is all about. What happens with the pension? How do they get it divided? Who pays child support and how do they pay it? Who pays for Eliza?s piano lessons and summer soccer camp for both kids? Who has to pay back the MasterCard debt? Can David expect Christina to help pay rent for his apartment? Because David and Christina have decided that they cannot each afford to pay for an attorney and they cannot afford to litigate and argue about the decisions that they have to make, they have set up a meeting at Best Law Firm. The attorney meets with David and Christina together, and they sign the mediation agreement and pay the mediation fee. After that, the real work begins. They all work together, outlining parenting and financial issues. The mediator will provide the parties with pertinent legal statutes that may apply to their issues. Remember that anything the parties say in mediation cannot be used against them in court; it is a confidential process. It is decided at the first meeting that both David and Christina need to get copies of various documents: the retirement plan, pay stubs, tax returns, credit card statements and so on. All financial documents must be disclosed, so that each party is aware of the assets and liabilities of the party under Family Law Rule 49. At the second meeting, the parties and the attorney are able to resolve all the issues. The mediator drafts a Rule 69 agreement and the parties sign it and leave the office. The mediator then uses that agreement to draft the pertinent legal documents; for David and Christina, that includes a Joint Parenting Agreement, a Property Settlement Agreement and a decree. David and Christina had decided to make all of these decisions before actually filing for divorce. Once the court receives the initial filings, it will be a minimum of 60 days before a judge will sign any final decree or other documents. The parties must also attend a mandatory parenting class and file the certificate with the court before their decree will be approved. **Post-Decree Hypothetical: Jackson and Jenna** Jackson and Jenna have three children, ages 8, 10 and 15. They have been divorced for four years and share joint legal custody, which allows both parents to be involved in major decisions of their children?s lives. Jack has a new job in Nebraska and is going to relocate. What happens to the parenting schedule of week on and week off? What about 15-year-old Annie, who does not want to ever visit Nebraska and has a summer job at the local Dairy Queen? Does Jack have to pay more child support, and how do they figure it out? Jack and Jenna meet with a mediation attorney at Best Law Firm, who outlines and discusses various choices and options that the parents can choose from. The mediator has experience with this particular scenario and is able to offer some creative and flexible solutions that are positive for everyone. This mediation lasts the better part of the afternoon, and the parents leave with a Rule 69 agreement that they are going to keep, but not file with the court. You might recall that a Rule 69 agreement is a written signed agreement. It was drafted for them while they were in the office, and they took it with them when they left the mediation. They decided they did not want or need to file it with the court. **Categories:** Divorce **Tags:** decree --- ### [Simple Steps to ?Serving? the Other Party](https://www.bestlawaz.com/simple-steps-to-serving-the-other-party/) **Published:** December 9, 2013 **Author:** Cindy Best **Content:** ?Service? is the technical name for the other party receiving from you the documents that you have filed. Arizona courts require one party to show proof that the other person was served. In today?s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to the other party, if applicable (as outlined below). The Other Party Lives In or Out of the State of Arizona and You Know Where He or She Lives or Works Most likely, your spouse also lives in Arizona. If this is the case, you can serve the other party as outlined below. The service methods are listed here from least to most expensive. Option 1: Hand-delivery and an Acceptance of Service form If you and your spouse are amicable, hand-delivery is a good option. This means that you can give the other party all six (6) or eight (8) documents (all of the documents you filed except for the Summons). If you use this method, you do not send the original Summons that you received from the court clerk when you initially filed your documents. At the same time you give the other party the papers, you should also give them an Acceptance of Service form to fill out. This form must be signed by the receiving party either in front of a notary or the court clerk. If the receiving party signs the documents in front of a notary, you should file their acceptance of service with the court after making a copy for your records. Do not use hand-delivery and an acceptance of service form if you are a victim of domestic violence or you believe that you or your children are in danger. If this is the case, use another method of service. It is best to err on the side of being safe. Option 2: Mail or Other Delivery Service Requiring Signature Confirmation This option requires that you send all of your documents using certified mail, restricted delivery. The ?restricted delivery? entails a minor fee, but ensures that the deliverer confirm that he or she is delivering personally to your spouse. When you receive this green card back in the mail, you will file this with your mailing receipt after making a copy of it for your records. This form is located online at: [http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc\_gn2.asp](http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc-gn2.asp). Option 3: Service by a Registered Process Server When people think of service, they generally think of a process server doing the job. With this method, you hire a process server to physically deliver those documents to your spouse. You will need to give the process server specific information as to where he or she can find your spouse. Process servers generally charge for the number of attempts it take to find your spouse. It is best to be as specific as possible and provide the process server a picture, so that he or she can identify your spouse. After the process server serves the documents on your spouse, the process server will file an affidavit of service with the court. Option 4: Service by the Sheriff This is usually not the most efficient way to serve the other party. First, a deposit of $200.00 is required for this method. You may ask the Sheriff?s Office for a deferral or waiver of these fees. To ask the Sheriff?s Office to serve your documents, you will need to fill out two (2) forms. (Both forms are on the Maricopa Superior Court website.) If you live in Maricopa County and want to serve the papers in Maricopa County, you can bring the documents to the Maricopa County Sheriff’s Office, Civil Unit, 201 West Jefferson Street, First Floor, Central Court Building, Phoenix, Arizona 85003. Their telephone number is (602) 876-1840. What if I have No Idea Where the Other Party Lives? You qualify under this section of service if the following has been completed: 1\. You have filed a petition with the accompanying documents, AND 2\. You do not know where the other party is, AND 3\. You have tried all reasonable ways to find your spouse, including: a. Mailed by certified mail to the spouse?s last known address b. You have attempted to contact your spouse?s family, friends and neighbors to retrieve an address c. You have contacted your spouse?s place of employment d. You have done additional research, such as reviewing the phone book, online directories, voter registration information; and e. Considered hiring a professional detective or paid an online service attempt location for your spouse. 4\. You are ready to testify under oath that you have tried all of these methods. **Categories:** Divorce **Tags:** service --- ### [Steps to Filing Your Dissolution or Legal Separation Documents](https://www.bestlawaz.com/steps-to-filing-your-dissolution-or-legal-separation-documents/) **Published:** December 5, 2013 **Author:** Cindy Best **Content:** 1\. Review your documents one last time to ensure their accuracy. 2\. Sign the petition in blue ink. There are TWO places. The verification page needs a notary, as well. (Do not sign it until you are in front of a notary. Notaries are found at various locations, including law offices, banks and photocopy stores. There is sometimes a charge for this service. Usually, the bank that you bank with will do this service for free). 3\. If there are minor children, sign the Affidavit of Minor Children in blue ink. This page needs a notary. (Do not sign it until you are in front of a notary). 4\. Copy each document three (3) times. Staple each individual section (such as pleadings) together. 5\. Keep each document in an individual pile. The original document should be on top, with the three copies underneath. Paperclip these four documents together. 6\. If you are getting divorced with minor children, you will have nine separate piles paper clipped together. Otherwise, you should have six or seven stacks. Your stacks should look like this: Stack #1: Original family court coversheet plus three copies Stack #2: Original Sensitive Data Sheet plus three copies Stack #3: Original Summons plus three copies Stack #4: Original Preliminary Injunction plus three copies Stack #5: Original petition (signed with blue ink) plus three copies Stack #6: Original Notice of Your Rights about Health Insurance plus three copies Stack #7: Original Notice Regarding Creditors plus three copies Stack #8: Original Affidavit Regarding Minor Children plus three copies Stack #9: Original parenting information class plus three copies 7\. Take these documents to your nearest courthouse. Maricopa County has four different courthouses, the locations of which are in Chapter 1 of this book. Courthouses outside Maricopa County are listed in the Appendix under ?courthouses.? The court clerk will date stamp all of these documents. The court clerk will also assign you a case number. You must use this number when you file subsequent documents with the court. This filing date may become important, because the court uses this date as a starting date for the dissolution or legal separation. 8\. Make sure you have your filing fee ready?$321.00 for initial petitions, $256.00 for responses. You can pay by cash, cashier?s check or credit card. (There is a possibility for a deferral or waiver of this fee if you are unable to pay it. Such forms are located online.) 9\. The Court Clerk will keep the original copies and will date stamp your remaining copies. 10\. Now, to ?start the clock,? you need to serve (officially give a copy) the documents on the other party. The instructions for service are below. **Categories:** Divorce **Tags:** dissolution --- ### [Mediation](https://www.bestlawaz.com/mediation-2/) **Published:** November 27, 2013 **Author:** Cindy Best **Content:** Best Law Firm provides mediation and alternative dispute resolution services to parties involved in a family law matter, such as a divorce, parenting time disputes or changes to child support. Family law mediation is a method of resolving issues and disputes during the difficult time of divorce by talking with a mediator to resolve your disagreements. Mediation is conducted in a relaxed, comfortable office atmosphere with the mediator and the parties. Family law mediation can also be used to help persons with other legal family issues, such as separation, child custody, child support, post-decree modifications, disputes about parenting issues after a divorce, domestic partnership issues with children and property, and unmarried persons issues with children and property. There are myriad issues and problems that may confront people when they are attempting to navigate the emotional terrain of family law. Mediation with Best Law Firm is designed to be a win-win solution for the parties involved. Parties do not require a retained attorney to represent their interests, but outside counsel is not discouraged. It is recommended that an attorney review any final legal documents before they are signed or filed with the court. In addition to conducting the mediation, Best Law Firm can complete your family law matter by drafting all the necessary documents to be submitted to the court. We can draft a memorandum of understanding to memorialize the parties’ agreements, draft the petition and supporting documents to initiate your case in the court and draft and file the consent decree, parenting plan and property settlement agreement to finalize your case. **Categories:** Divorce **Tags:** family law, mediation --- ### [What Happens After A Petition Is Served](https://www.bestlawaz.com/what-happens-after-a-petition-is-served/) **Published:** November 23, 2013 **Author:** Cindy Best **Content:** **Other Issues** After the petition is served, each spouse is entitled to his or her own income. This income may be subject to child support and/or spousal maintenance that can be retroactive to the service or the separation date. Also, each party is responsible for his or her own debt incurred after that service date. Until the petition is served, all debt is presumed community. One of the ways to avoid the community debt is to prove community waste, which is beyond the scope of this book. **What Happens After the Papers are Served?** After the service of the petition other ?clocks? beginning ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires? Depending upon what you request in your petition or response to dissolution or legal separation, you may be required to prove certain requests. For example, you may need to establish: 5. The birth and parentage of children 6. The acquisition of marital property 7. The existence of community debt 8. The requirement of child support 9. The need for spousal maintenance 10. The ability of the other spouse to pay support and/or maintenance 11. The fact and fairness of any settlement agreement 12. Excessive and abnormal expenditures 13. Destruction, concealment or fraudulent disposition of marital property 14. One spouse?s need and the other spouse?s ability to pay attorney?s fees The proof required may be in the form of witnesses, documentation, demonstrative evidence, presumptions and judicial opinions. **Categories:** Divorce **Tags:** marriage --- ### [Documents & Their Meanings](https://www.bestlawaz.com/documents-their-meanings/) **Published:** November 18, 2013 **Author:** Cindy Best **Content:** **The Individual Documents** Each of these documents has a significant meaning for the courts and for you. Below is a list of the forms and their purpose. **Family Court Cover Sheet** This form helps the courts set up your file in their computer system. It should be the top form you present to the clerk when you file these forms. The clerk will want to see that all of this information is filled out, so that their court records are complete. Throughout the divorce process, the court will periodically send out minute entries or court orders to you. It is important that your personal information (especially your address) is updated with the court, so that you will receive all of these necessary documents. **Sensitive Data Sheet** The purpose of this sensitive data sheet is to provide the court other relevant information. Please be cautioned that this information may become public record and be available for everyone to see. Do not provide complete account numbers or Social Security numbers, due to the risk of identify fraud. **Summons** The summons officially notifies the respondent that a lawsuit (divorce) has been filed against him/her and he/she is a party to the action. The summons also informs the respondent how long he/she has to answer the divorce. This document is signed by the clerk of court who, at the time of filing, will emboss the document with his official seal. **Petition for Dissolution With Minor Children** This document is the most important of the nine documents initially filed. This document sets out the necessary facts of your divorce and lets the court know exactly what you are seeking in the divorce. In this petition, you are able to tell the court what kind of custody arrangement you want for the children, how you want your property divided and whether you or your spouse is entitled to child support or spousal maintenance. This document should help you provide a good picture of what you want at the end of the divorce process. You should ask the court for everything that you want, even if it is not what you would settle for at the end of your dissolution. You want to request that you be awarded certain things, because if the other party does not answer the petition and you get a default (see glossary) against your spouse, your requests in that initial petition are what will be awarded to you. The following petition is a generic, sample petition for a divorce with children. In drafting your own petition, you should be more specific than the example. Maricopa County also provides a form on their website that allows a party to be more specific. It is helpful at this stage to have consultation with an attorney or allow an attorney to draft your documents for you to ensure that you ?plead? all that you need to in this petition. It is common for judges and opposing sides to refer back to your initial petition. Again, please take your time in filling out this document. **Notice of Your Rights About Health Insurance Coverage** This legal notice outlines how your health insurance coverage could be affected after your dissolution is final. It includes information as to whether you are included on your spouse?s insurance policy, what insurance coverage applies to you and how to get it, what coverage applies to your children, preexisting conditions or exclusions from insurance coverage, and limits on rights to insurance coverage for you and your children. This document must be served on the party in a dissolution. It is not usually applicable to legal separations, but you may want to check with your insurance company. **Notice Regarding Creditors** This notice is required for all actions of divorce and legal separation. This document explains that you and your spouse are responsible for community debts. It also suggests that you may want to contact your creditors to discuss the debts and the effects of your divorce or legal separation. **Preliminary Injunction** The preliminary injunction is a new set of rules that must be followed by you and your spouse after a spouse is served with dissolution or legal separation paperwork. These rules are explained in the Preliminary Injunction document you filed and served upon the other party. These rules are mandated for every couple going through the process of dissolution or legal separation. It is important not to violate any of these rules. See Chapter 9 for a more complete explanation of the preliminary injunction. **Parent Information Class** This form gives your spouse notice that he or she must attend a parent information class. This is a mandatory class for both parents to attend. Parents do not attend this class together and each parent is able to choose a convenient location and time to attend. Try to take this class early in your dissolution process. When you have taken the class, the instructor will give you a form to file with the court. It is important that you file it with the court; the court is then on notice that you filed it. Prior to filing, make additional copies of the form for yourself and for your spouse. You cannot get any custody without having filed this certificate. If you are unable to take this parent information class because you are on military duty, it is possible to ask your judge if you can be exempt from taking it. There is a form, Motion to Request Exemption from Parent Information Class that you can fill out and file with the court. It is within the court?s discretion whether or not to grant your request to be exempted from this requirement. **Affidavit Regarding Minor Children** In this affidavit, you are confirming who the minor children are and where they have lived during the past five (5) years. This document also asks whether there are any court cases that you have been a party to or witness to that involved the custody or parenting time of the children. The document requires you to answer whether there are any pending court cases related to the custody of the children and whether you know of any person, other than the petitioner or respondent, who has physical custody or who claims custody or parenting time rights of any of the children named in the affidavit. **Categories:** Divorce **Tags:** documents --- ### [Documents Required For Legal Dissolution Of Marriage](https://www.bestlawaz.com/documents-required-for-legal-dissolution-of-marriage/) **Published:** November 12, 2013 **Author:** Cindy Best **Content:** **Documents for Dissolution Without Minor Children** To file for dissolution of marriage without minor children the following documents need to be completed: 2. Family court cover sheet 3. Sensitive data sheet 4. Summons 5. Preliminary Injunction 6. Petition for Dissolution without Minor Children 7. Notice of Your Rights about Health Insurance Coverage 8. Notice Regarding Creditors **Documents for Dissolution With Minor Children** To file for dissolution of marriage with minor children the following documents need to be completed: 10. Family court cover sheet 11. Sensitive data sheet 12. Summons 13. Preliminary Injunction 14. Petition for Dissolution with Minor Children 15. Notice of Your Rights about Health Insurance Coverage 16. Notice Regarding Creditors 17. Parent Information Class 18. Affidavit Regarding Minor Children. **Documents for Legal Separation Without Minor Children** To file for a legal separation without minor children the following documents need to be completed: 20. Family court cover sheet 21. Sensitive data sheet 22. Summons 23. Preliminary Injunction 24. Petition for Legal Separation without Minor Children 25. Notice Regarding Creditors **Documents for Legal Separation With Minor Children** To file for a legal separation with minor children the following documents need to be completed: 27. Family court cover sheet 28. Sensitive data sheet 29. Summons 30. Preliminary Injunction 31. Petition for Dissolution with Minor Children 32. Notice Regarding Creditors 33. Parent Information Class 34. Affidavit Regarding Minor Children **Categories:** Divorce **Tags:** documents --- ### [Parenting Time Schedule Part 2](https://www.bestlawaz.com/parenting-time-schedule-part-2/) **Published:** November 9, 2013 **Author:** Cindy Best **Content:** **12 to 24- Months** One- to two-year-olds are becoming more aware of the world around them and the people who are frequently in contact with them. A baby at this age can be attached to many caregivers including grandparents, other extended family members, daycare providers, babysitters and family friends who are frequently in contact with the child. One- to two-year-olds are also becoming independent and are developing the ability to comfort themselves by thumb sucking or holding onto favorite blankets or toys. Their sleeping and eating schedules are also becoming regular. They continue to respond to the different (but equally valuable) types of parenting mothers and fathers provide. Two-year-olds commonly test parental limits (?terrible twos?) and appropriate parental responses can build the child?s self-esteem for years to come. Transitions between homes may become difficult for some one- to two-year-olds and they may become upset at these times. Some resistance to exchanges is normal for some children. This behavior does not necessarily mean that the other parent is not a good parent or that the child does not want to be with the other parent. Parents can make exchanges easier for the child by following predictable schedules and by supporting the child?s relationship with the other parent. **Plan A(1)**: Three periods of three to six hours spaced throughout the week. Comment: frequent contact helps the parent and child bond. **Plan A(2)**: Two six-hour periods spaced throughout each week. Comment: This plan is helpful when the parents? work schedules or their levels of conflict make more frequent exchanges difficult. Because there are only two visits each week in this plan, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: Two four-hour periods and one eight-hour period spaced throughout each week. (See Plan A above for Vacation and Holidays). **Plan C**: One daytime period of three to six hours and two non-consecutive overnights each week. **Vacation**: Presuming that Plan C overnights have been ongoing, parents may have one period of three consecutive overnights, midweek or weekend, with children 12 to 18 months olds. After the age of 18 months, parents may have two one-week periods separated by at least four weeks. Each parent shall give the other parent thirty days? written notice of his/her vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **24 to 36 Months** Ages two to three are an important time for children to develop independent skills. Although children this age are learning to be independent, they may still cling to their caregiver and resist separation. They may be negative and say ?NO!? to parents? requests and demands just to express their independence. They may also be fearful about unfamiliar activities and objects. Predictable, regularly scheduled routines help children manage their fears and help them learn that the world is a safe place. Moving between parent?s homes may become difficult for children at this age and they may become upset. This behavior does not necessarily mean that the other parent is not a good parent or that the child does not want to be with the other parent. Parents must ensure that the transitions between the two parents? homes are free of parental arguing and tension. **Plan A(1)**: Two three- to four-hour periods and one eight-hour period spaced throughout each week. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan A(2)**: Two periods of three to six hours and one overnight each week. **Vacation**: Presuming Plan A(2) overnights have been ongoing, parents may have two one-week periods separated by at least four weeks. Each parent shall give the other parent thirty days? written notice of his/her vacation plans and an itinerary of travel dates, destinations and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: One period of three to six hours and two non-consecutive overnights each week. Comment: Ideally a child this age should not be separated on a regular schedule from either parent for longer than three days. **Vacation**: Presuming that Plan B overnights have been ongoing, Use Plan A(2) vacation plan above for this age group. **Holidays**: See Plan A(2) Holidays above for this age group. **Plan C**: One period of three to six hours and two consecutive overnights each week. **Vacation**: Presuming that Plan C overnights have been ongoing, use Plan A(2) Vacation plan above for this age group. **Categories:** Divorce **Tags:** parenting time --- ### [Parenting Time Schedules Part 1](https://www.bestlawaz.com/parenting-time-schedules-part-1/) **Published:** November 5, 2013 **Author:** Cindy Best **Content:** Parenting time is the scheduled time a non-custodial parent can spend with a child. There are a variety of parenting time schedules that can be set up by a family, and the schedules can be as different as the families who use them. **Important Factors to Consider When Choosing a Plan** 3. the child?s age, maturity, temperament and strength of attachment to each parent 4. any special needs of the child and parents 5. the child?s relationship with siblings and friends 6. the distance between the two households 7. the flexibility of both parents? work schedules and the child?s schedule to accommodate extended access 8. childcare arrangements 9. transportation needs 10. the ability of the parents to communicate and cooperate 11. the child?s and parents? cultural and religious practices 12. a parent?s willingness to provide adequate supervision, even if the parent has not done so in the past 13. a parent?s ability and willingness to learn basic care-giving skills such as feeding, changing and bathing a young child, preparing a child for daycare or school or taking responsibility for helping a child with homework 14. a parent?s ability to care for the child?s needs **Model Parenting Plans for Birth to Age Three from the 2001 Maricopa County Parenting Guidelines** The following is from the Maricopa County Parenting Guidelines from 2001. These are no longer online, but can be requested by e-mail to www.Bestlawaz.com. **Birth to 12 Months** Infants learn at a rapid rate. They are learning to love and trust familiar caregivers. Infants learn to attach to parents and others through consistent, loving responses such as holding, playing, feeding, soothing, talking gently and lovingly and meeting their needs promptly. They begin to respond to the different (but equally valuable) types of parenting mothers and fathers provide. Infants cannot retain experiences over time, so it is important that they have frequent contact with both parents and a predictable schedule and routine. But infants can retain ?emotional memories? of conflict that can have long-term negative effects, so parents should not argue when children, even infants, can overhear. By six months, infants can recognize their parents and other caregivers and may become uneasy around strangers. Regular caregivers are able to recognize their signals for food, comfort, and sleep. When away from them, infants may become anxious and may experience eating and sleeping problems. At this young age, it is important to maintain the infant?s basic sleep, feeding and waking cycles. Schedules should be adjusted so that disruption does not occur. For example, in creating access plans for this age group, parents should consider the special needs of breast-feeding infants. **Plan A(1)**: Three periods of 3-6 hours, spaced throughout each week. Comment: Frequent contact helps the parent and child bond. **Plan A(2)**: Two six-hour periods spaced throughout each week. Comment: This plan is helpful when the parents? work schedules or their levels of conflict make more frequent exchanges difficult. Because there are only two visits each week in this plan, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: Two three-hour periods and one eight-hour period spaced throughout each week. (See Plan A above for Vacation and Holidays) **Plan C**: Two periods of three to six hours and one overnight each week. **Vacation**: Presuming that Plan C overnights have been ongoing, parents may have three consecutive overnights, weekend or midweek, twice each year. Each parent shall give the other parent thirty days written notice of vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father?s Day, Mother?s Day and birthdays do not fall on a parent?s access day, parents should consider dividing them consistent with the time blocks noted above. **Categories:** Divorce **Tags:** parenting time --- ### [Frequently Asked Questions About Spousal Maintenance](https://www.bestlawaz.com/frequently-asked-questions-about-spousal-maintenance/) **Published:** October 27, 2013 **Author:** Cindy Best **Content:** **How is spousal maintenance paid?** It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the clearinghouse, administered by the state of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the state. **When does spousal maintenance end? (A.R.S. ?25-327)** Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable, but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it. **Can spousal maintenance be modified?** Yes, under certain circumstances and depending upon how your decree or Property Settlement Agreement was drafted. **What if my spouse quits working in order to stop having to pay spousal maintenance?** A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings, if there was some kind of mischief. **What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. ?25-513)** You may send a written request by certified mail to your former spouse?s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or Request For Expedited Hearing, requiring your spouse to provide you with the relevant information and to keep you apprised of his or her current employer?s address. You should consult with an attorney. **Is spousal maintenance taxable?** Check with your accountant, but in general, spousal maintenance is taxable to receiver and tax-deductible to the payor. **Is spousal maintenance considered my salary for child support calculations?** Yes. **Can either a husband or a wife receive spousal maintenance?** Yes. **Can I waive my spousal maintenance?** Yes. **Does it matter how many children we have?** No. **Am I entitled to live the same as I did when we were married?** No. The style to which you have been accustomed is not the standard. **What if my husband had a really good job and now is unemployed?** It depends. If he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment. **What if my husband has quit his job on purpose to avoid paying me?** If you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off. **Categories:** Divorce **Tags:** spousal maintenance, spousal support --- ### [Frequently Asked Questions About Property Division](https://www.bestlawaz.com/frequently-asked-questions-about-property-division/) **Published:** October 23, 2013 **Author:** Cindy Best **Content:** **How will our property be divided?** (A.R.S. ?28-211 and A.R.S. ?25-318) You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute ?25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50 percent of the assets acquired during marriage. Also, the courts generally seek to divide debt equitably in a divorce case. This does not automatically mean that each spouse will have 50 percent of the debt assigned to them. The court will take into consideration each spouse?s income, ability to pay debts and issues of waste of community property assets. Usually, the community property is divided equally. It does not matter that one spouse contributed more than the other. The court may, in rare cases, give one spouse more than one-half because the other has destroyed, sold or given away community property or for other compelling reasons. The court may divide property by ordering it to be sold, or by splitting it between the parties. If one spouse had property prior to the marriage, but that property has increased in value during the course of the marriage, then the increase in value could be deemed community property and divided between the parties, if the increase came from labor by either spouse during the marriage or expenditure of community funds. **Is everything we own considered community property?** According to Arizona Revised Statute, section 25-211, generally anything that a married couple accumulates during the marriage is considered community property. That is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. **What property is not divided?** According to Arizona Revised Statute ?25-213 ?separate property? cannot be divided by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage.? It is possible for a person to gift his or her separate property to the community?for example, by re-titling the property as community property. **What about the debts?** Arizona Revised Statute ?25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. Within thirty (30) days after receipt of a written request for information from a litigant which includes the court name and case number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. **What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?** Yes, Arizona Revised Statute ?25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the court may enter orders transferring the property of that spouse to compensate the other party. **What happens when the spouses own a business together?** During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual?s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter. **What if neither of us can afford the house?** This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says. Decide who pays for repairs during the dissolution, who should sell and how long they have to sell. If one party agrees to buy out the other party, you need to agree when you appraise the house. **What if one party made the down payment with money earned prior to marriage, but after marriage, put the house deed in both names as joint tenants?** The house is community property and the spouse who made a down payment may have ?gifted? the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity. **What if I paid the down payment, my spouse has lived here during our entire marriage, but her name is not on the deed?** The house most likely remains your sole and separate property, but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney. **My spouse and I purchased the house together, but I made her sign a disclaimer deed two years later when I refinanced the house. The house is all mine, right?** Quite possibly, but while disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about what she was doing. And again, there is the equitable lien issue as outlined above. **My husband will not get out of the house, and I just filed for divorce.** You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the ?leaving spouse? as moved out of the house until further court order. **Who pays for repairs while our house is for sale?** You can agree that the party living in it pays for everything under a certain amount, such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses. **Who gets the kids? furniture?** This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared custody arrangement. **What is considered my sole and separate personal property?** Anything you owned prior to marriage, property that you inherited, and usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing. **Who gets our digital camera?** If you both use it and bought it with community funds, it needs to be divided, along with other property. **Who gets the vehicles if both vehicles have debt and no equity?** Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off. **I inherited money when my mom died six years ago and put my husband?s name on the account. Is this money community or my sole and separate money?** This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let?s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you. **What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?** Yes, Arizona Revised Statute ?25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the court may enter orders transferring the property of that spouse to compensate the other party. **I am getting ready to file for divorce. Can I take all the money out of our joint savings account?** No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money, and this should not cause any problems in case you have to explain this to a judge. **I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce?** No, a personal injury settlement for pain and suffering is your sole and separate property. **I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it?** If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it. **I had stocks before marriage, but bought more stock after marriage. Who gets the stocks?** The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property. **Categories:** Divorce **Tags:** property --- ### [Property Issues](https://www.bestlawaz.com/property-issues/) **Published:** October 19, 2013 **Author:** Cindy Best **Content:** #### Characterization of Property The first thing to decide is the character of the property. If it is community, it can be split 50-50. If it is sole and separate, it is yours and does not need to be divided. At the end of the divorce, you will want to divide the community property approximately equally. This includes the house, furniture, cars, boat, bank accounts, savings, stocks, investments, pensions and debts. You also need to be aware that each spouse has an obligation to disclose all property under the Rule of Family Law Procedure 49. Hiding assets will not be treated kindly by the court. Even sole and separate property must be disclosed, so the other spouse has an opportunity to determine if it really is sole and separate. #### Property Worksheet First, list all your property. You can find a complete worksheet that can be purchased on our website, www.bestlawaz.com. It will be very helpful for you to fill this out as you get started. You need to first identify all property, regardless of whether you think it is community or sole and separate. Then, after you identify all your property, you can review the statutes and the Question and Answer section to determine how you and your spouse would like it to be divided. You can return to the worksheet and fill in how you think it should be fairly distributed. You and your spouse can each fill out a worksheet, or you can fill it out together. #### Resolving Your Property Issues **The House** Is it community or sole and separate? If it is sole and separate, does the other spouse have an interest in it? Here are some questions to answer: Whose name is on the deed? Did you and your spouse purchase it during the marriage? Where did the money come from for the down payment? If the house was purchased during the marriage with money from the marriage, such as money from your jobs, it most likely will be considered community property and will be divided equally. Who, if anyone, wants to live in the home during the divorce? Do you want to sell the house, either because neither party can afford it or because neither party wants to live there? **If the House is Community Property** There are several options that you can consider: Option 1: One spouse stays in the house and makes all the payments; the parties get the house appraised and decide the value of the house. Then the party who wants to live in the house pays the other spouse half the value of the house. This can be paid with cash in a refinance or can be ?horse-traded? with other assets. Option 2: The parties can sell the house and split the proceeds equally. The parties can split the costs of upkeep until the sale, or they can decide that one party lives there and makes all payments until the sale. Or, one spouse could move out and then combine all living expenses, with each paying half of those total expenses or each paying their prorated share, according to each party?s income. Option 3: One party stays in the house for a predetermined amount of time, such as one to two years, until a refinance must be undertaken. There are a number of creative ways to determine the division; it is limited only by imagination and the ability to cooperate. The end goal is to split the proceeds 50-50 and not make the process more difficult than it needs to be for either party. **If the House is the Sole and Separate Property of One Spouse** If only one spouse?s name is on the deed, or if one party owned the house prior to marriage, it might be considered that spouse?s sole and separate property.? This can become a complicated legal issue and you should seek the advice of an attorney if you have any questions. #### Personal Property Vehicles: Usually spouses have driven one vehicle and that is the one they want to keep. There may be an adjustment if one vehicle has a greater value than the other. For instance, if the truck has an equity of $10,000 and the SUV has an equity of $20,000, one person has $10,000 more value than the other. The truck spouse is due an additional $5,000 on his/her side of the ledger (the vehicles together equal $30,000 so each spouse should get a value of $15,000; the truck spouse only has $10,000 in value, so is due an additional $5,000). **The Furniture** HERE ARE SOME WAYS TO DIVIDE YOUR PROPERTY: Idea #1: Using your list, have a ?draft,? where one party chooses, then the other, until the list has been divided. Idea #2: Each party discusses what they want and then split the rest as above. Idea #3: One party writes down all the community property two separate lists. Then the other party picks which list they want. Idea #4: The property is appraised (garage sale value) and then one party pays the other. Idea #5: Just talk and work it out. This too, can be horse-traded with other assets if one party really wants certain property. Remember that used furniture is not that valuable; it is not worth the amount you purchased it for. One of you might want or need more furniture than the other and you could exchange it for the extra value of the vehicles. In other words, you get half the pie, but you can negotiate what pieces make up your half. #### Bank Accounts, Savings Accounts and Investment Accounts If these accounts were opened and contributed to during the marriage, they will be considered community. If one spouse had an account before marriage and did not commingle community funds, it will be sole and separate property of one spouse. If there are complications, this may be a question for an experienced family law attorney. **Categories:** Divorce **Tags:** community property --- ### [Frequently Asked Questions About Child Support](https://www.bestlawaz.com/frequently-asked-questions-about-child-support/) **Published:** October 16, 2013 **Author:** Cindy Best **Content:** **Agreements on child support: Can my spouse and I agree on a child support amount that is different from the statutory calculation?** The Court can permit the parties to settle on an amount of child support that is different from the statutory calculation. In order to do so, however, both parties must sign a statement indicating that they are aware of what the child support would have been had they not entered into the agreement. You must attach a Child Support Worksheet to your decree. **Income tax exemptions: Who gets the income tax exemptions for the children?** The federal and state income taxes exemptions for the children are also generally divided in proportion to the parties’ incomes. In order for the paying parent to claim the children during his/her year, the parent must be current in his/her child support obligation for that year. This is determined by statute, but may be modified by agreement of both parties. **Parenting time: What if my spouse does not allow me to see my children. Do I still need to pay child support?** Yes, you still have an obligation to pay child support. You have an obligation to continue to pay child support until a court orders that you may stop. It is common for parents to want to withhold child support if the other spouse is not abiding by the court-ordered parenting time, but courts frown upon either party not following the court?s orders. **When does my child support obligation end?** Child support orders apply to any child under the age of 18, or a child who is still attending high school or an equivalency program. Also, if a child is mentally or physically handicapped, the judge may order that support payments continue indefinitely, past the age of majority (18). **Out-of-state child support order: Can I enforce an out-of-state child support order in Arizona?** Yes, you can enforce the out-of-state child support order. It will be necessary for you to register the out-of-state child support order with the Arizona courts, so that Arizona has jurisdiction and you have an Arizona case number. To ?register? your case means that you will need a certified copy of your domestic relations file from the other state and file it with the Arizona courts. **Do I have to pay child support if I do not have a job or lose my job?** Yes, you are under a court order to continue to pay child support. If the unfortunate circumstance occurs and a parent does not have employment, it may be necessary for that parent to request that the court modify the child support obligation to reflect the current situation. **What can I do if the obligated parent does not pay child support?** If an obligated parent does not pay child support, you may file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. Often, all three of those issues go together. It makes sense to include those three issues in one petition, because if the obligated parent is not paying child support, you will want to ask the court to enforce the child support order in effect. You will also want the obligated parent to pay for the months he/she did not pay, along with any medical expenses he/she did not pay. Also be advised that it is appropriate in that petition to ask for the obligated parent to pay your attorney?s fees if you hire an attorney for this issue. **Can child support be modified?** Child support is modifiable if there is a change in circumstances that would result in a 15 percent change in the support amount; moreover, the support terminates upon the emancipation of the child. In Arizona, emancipation occurs at age 18 or high school graduation, whichever occurs later, but not later than age 19. **What about other child expenses that are not included in the child support worksheet?** One parent will be required to maintain health insurance for the children, and if there are any medical/dental/vision/orthodontia expenses not covered by insurance, the parties will often divide those expenses in proportion to their incomes. **Categories:** Divorce **Tags:** child support --- ### [Paying Child Support](https://www.bestlawaz.com/paying-child-support/) **Published:** October 10, 2013 **Author:** Cindy Best **Content:** #### Who Pays Child Support? Using the above-described factors, the Child Support Worksheet and the court will be able to determine which parent (if either) should pay child support. The law provides that when the court grants a custody order, it also must decide what amount of child support should be paid by each parent under the Arizona Child Support Guidelines. Joint custody does NOT mean that either parent is no longer responsible to provide for the support of the child. #### How Is Child Support Paid? Child support must be paid in money ? not in clothing or gifts. It must be paid through the clearinghouse in the state of Arizona if there is a court order for support. In Arizona, most child support payments are made through the ?clearinghouse,? and, if possible, through wage assignment. If a parent is ordered to make child support payments through the clearinghouse, that parent shall send the payment to the clearinghouse directly, not to the other parent. The clearinghouse keeps track of all payments. If you have been ordered to make payments through the clearinghouse and you make payments directly to the other parent, those direct payments may be considered as gifts to the other parent. If that is the case, you will not be given credit that you paid child support that month and may be required to pay again to the clearinghouse. A **?**wage assignment? is now required for the payment of child support, and in some cases, for the payment of spousal maintenance (alimony). An assignment requires an employer or other payor (either a person or company) of a parent who is obligated by court order to pay a certain amount of child support each month to withhold that amount from the wages or money owed to the parent (employee) and to send that amount directly to the clearinghouse. This type of assignment applies to salary, wages, commissions and any type of payments received by the parent ordered to pay support. Either the person required to pay support or the person entitled to receive it can request an assignment order (A.R.S. ?25-323 and 12-2454). **Categories:** Divorce **Tags:** child support --- ### [How is Child Support Calculated?](https://www.bestlawaz.com/how-is-child-support-calculated/) **Published:** October 4, 2013 **Author:** Cindy Best **Content:** Child support can be easily calculated under the Arizona Child Support Guidelines after several other variables have been determined. Specifically, the following information is required to calculate child support: 1\. Each parent’s monthly gross income Gross income includes: receipt of spousal maintenance, Social Security, workman?s compensation, severance pay, commissions, disability benefits, unemployment benefits, retirement plans, interest, self-employment, bonuses, gifts, prizes (lottery winnings), rental income, trust income, pensions, annuities, dividends and capital gains. 2\. The amount of spousal maintenance paid or received by either parent 3\. The amount of court-ordered child support paid by one parent for support of children not common to the other parent 4\. The cost to one parent of supporting children not common to the other parent 5\. The amount of the medical insurance premium for the children 6\. The child care expenses 7\. The physical custody schedule Calculation of child support never includes a new marriage partner, only the two parents of the child. **Categories:** Children **Tags:** child support --- ### [Child Support Factors to Establish Child Support](https://www.bestlawaz.com/child-support-factors-to-establish-child-support/) **Published:** September 26, 2013 **Author:** Cindy Best **Content:** **CHILD SUPPORT IS DECIDED UPON THESE BASIC FACTORS, PLUS WHATEVER ELSE EACH PARENT PAYS FOR:** ? Monthly salary of each parent ? Age of children ? Parenting time ? Day care costs ? Medical insurance ? Extracurricular expenses ? Number of other children not common to the marriage **Affidavit of Financial Information** Every case with children must have a document filed called an Affidavit of Financial Information, to be filled out by both parents and notarized. Read all the fine print on this document. It requires you to attach the last three (3) years of taxes and at least six (6) months of pay stubs. (Please remember to edit your Social Security and bank account numbers from these documents. If you file these documents without those numbers being covered, they will become public record and you could be subjecting yourself to possible identify theft). In the Affidavit of Financial Information, you will outline your current monthly expenses, debts and income. It is understood that these numbers will change upon dissolution (divorce), but the court?s request is for the amount you are spending right now. The courts will analyze your financial position to determine how much child support you (or your spouse) should pay. We recommend that parents omit the taxes and supply the last three pay stubs; these can be produced without becoming part of your court file. The next page is a draft of an Affidavit of Financial Information that needs to be filled out if there are minor children in the marriage. This is a state-required form. You can find it online. (See Appendix D.) **Categories:** Divorce **Tags:** documents --- ### [Child Custody FAQs Part 3](https://www.bestlawaz.com/child-custody-faqs-part-3/) **Published:** September 23, 2013 **Author:** Cindy Best **Content:** **How does custody affect child support?** The physical custody arrangement is one factor considered in the worksheet (see Chapter 5.) The more time you have your child, the more expensive it is. **We have not been to court yet and there are no orders. Who gets the kids right now?** It is basically a free-for-all, unless the two of you can decide. Just remember that what you do now can be reported to the court later. If you unreasonably keep the children away from one parent out of vindictiveness, that will be detrimental to your obtaining legal custody. **Can I get temporary custody?** Yes. You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule. **We have a parenting schedule that we both agree with. Can we put it in writing?** Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69, that will be valid in court. You can attach it to your joint parenting agreement or rewrite into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce, just so you have some certainty. **My husband never really helped parent the kids, but now he wants 50/50 time with them. Is he likely to get 50/50 parenting time?** History of care giving is only one factor in determining the best interests of the children. Perhaps he never had the chance to co-parent in the past. But if he is doing a good job, the kids are happy and he is learning to be a good, involved father, congratulations to your family! Fathers often shift their work focus after a divorce so they can stay involved in their children?s lives, and that is a good thing. **My husband is doing whatever I do. If I take the children for ice cream on my weekend, he does it on his next visit. When I started reading books to them at night, he started doing it on his parenting time. I bet he is just doing it to look good. What gives?** Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids. **Will the court tell me when I can see my kids?** Only if you and your spouse cannot agree. You really do not want to turn this life-changing decision over to a stranger who will only get to know your family in an hour or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue, and you must have the help of the court to protect your children. **Will my kids have to go to court?** No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the conciliation services may choose to interview your children as part of a parenting conference. Children over the age of 6 or 7 can usually be interviewed. **I think my spouse?s behavior reflects instability and potential likelihood for harm to my children if my spouse does not undergo the proper treatment. Is there anything that I can ask the court for?** This is beyond the scope of this book, but you could ask for a Rule 63 psychological examination or a custody evaluation. **What is a parenting conference?** It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party. (See ?Parenting Conference Through the Courts,? earlier in this chapter.) **Categories:** Children **Tags:** divorce --- ### [Child Custody FAQs Part 2](https://www.bestlawaz.com/child-custody-faqs-part-2/) **Published:** September 19, 2013 **Author:** Cindy Best **Content:** **My husband smokes pot almost daily. Should he have parenting time with the children?** Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: www.tascaz.org. You might want to consult with an attorney, as this issue can become complicated. **My spouse has physically abused me. Can he still have custody of the kids?** Significant domestic violence is contrary to joint legal custody. This is also beyond the scope of this book. Please consult with an experienced family law attorney. (See Chapter 13.) **My 14-year-old does not like her father. Should I make her go visit him?** Do you know why she does not like to visit him? If he is safe and his house is safe, you should do everything you can to encourage the relationship. She may be taking on your negativity or he may just not be a very attentive parent. Help him be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent. **My ex-mother-in-law is coming for vacation. She wants to see our kids for a concert on my Saturday. I am afraid if I give in, I will always be giving in. Should I let my kids see her?** Yes, you should very seriously consider it. Do your kids want to go? Remember, while this is ?your? time, it is also their childhood. Try to negotiate and get make-up time or be gracious and let it go, knowing that your former spouse will return the favor when your parents come to town. Keep your kids first. **My former spouse wants to go on a cruise to Mexico. I will not let the kids get passports. Can he get my children passports without my approval?** This can get sticky, because there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Generally the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your former spouse has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern. **We decided our kids would be Catholic. My spouse will not take them to mass on her Sundays. Can I ask the court to make my spouse take our children to mass?** The court will generally not mandate where each parent takes the children to worship on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court will enforce it. **My son wants to go to his band banquet on Friday night, but it is my parenting time and I do not want him to go. Should I let my son go?** Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet then take a step back and think about your son?s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is ?your? time. You should carefully consider whose needs you are thinking about. We have heard on more than one occasion that it is ?not in the child?s best interest? to be involved in school activities during one parent?s time, but that is simply not the case. It is important that, as a parent, you stay involved in your children?s lives. Your life should revolve around their activities, not the other way around. **Categories:** Children **Tags:** physical custody --- ### [Child Custody FAQs Part 1](https://www.bestlawaz.com/child-custody-faqs-part-1/) **Published:** September 16, 2013 **Author:** Cindy Best **Content:** **Do the courts favor mothers?** There is no such preference. There are many factors that the court considers, but courts do not favor mothers over fathers. **How does the court decide custody? (A.R.S. ?25-403)** The court looks at the following factors: 1\. The wishes of the child?s parent or parents as to custody. 2\. The wishes of the child as to the custodian. 3\. The interaction and interrelationships of the child with the child?s parent or parents, the child?s siblings and any other person who may significantly affect the child?s best interest. 4\. The child?s adjustment to home, school and community. 5\. The mental and physical health of all individuals involved. 6\. Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent. 7\. Whether one parent, both parents or neither parent has provided primary care of the child. 8\. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding custody. 9\. Whether a parent has complied with Chapter 3, Article 5 of this title. 10\. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. **We are not yet divorced and my wife took the kids to New York.** Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court. **Can I stop my spouse from dating when she has the kids?** No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests, but keep your children safe. You might want to know the person?s birth date and Social Security number so you can run a background check on him/her. You have a right to know your children are safe. **How much do I have to pay for the kids?** It all depends; this is discussed in Chapter 5 regarding child support. **Can she schedule soccer when they are with me?** It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not ?your time;? it is your child?s childhood. **My wife has the kids every other weekend, but she works and leaves them with her mother. What can I do?** You could have an agreement called a ?right of first refusal.? This is a common provision, which reads that if one parent who has the kids is gone for more than four hours, s/he will call the other parent and offer them the ?right? to parent the kids before anyone else. If the other parent is busy, then parent number 1 can leave the kids with a responsible person of their choice. **My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children, instead of her boyfriend?** The right of first refusal would apply. Also, you have every right to know exactly who is taking care of your children when your spouse is not home; this includes name, address, phone number and ID information, so you can do a background check if you desire. This is not to say that you use such requests as harassment; in fact you have a similar obligation to your spouse to let her know with whom you are leaving the kids, if anyone. You both have the continuing job to make sure your children are safe. **Categories:** Children **Tags:** custody --- ### [What Happens To The Children In A Divorce?](https://www.bestlawaz.com/what-happens-to-the-children-in-a-divorce/) **Published:** September 11, 2013 **Author:** Cindy Best **Content:** Our guess is that you are very concerned about how your divorce will affect your children, which is why you are reading this book, to figure out how to be part of an uncontested divorce. Perhaps all you need to know can be clarified with this story: I was a mediator in a case not long ago where the divorced parents were fighting over an issue that, along with many others, had been an ongoing battle for more than 10 years. I thought for days about how to settle this case, but I had no idea really how to help these parents. On the day of the mediation, as I drove to the office, two questions came to mind that I needed to ask these parents: 1\. What is the worst thing that ever happened to your children? 2\. What is the second-worst thing that ever happened to your children? I spoke with the father in a separate conference room and I asked him these two questions. He replied: ?The worst thing that ever happened to our children is our divorce. The second-worst thing that ever happened is the constant conflict after the divorce.? Then he added: ?I have those two things reversed.? When I spoke with the mother, she answered: ?The worst thing that ever happened to our children has been the conflict since the divorce. The second worst thing was the divorce.? These two wise parents knew what they had been doing to their children for more than 10 years! But they could not stop. However, on this day, they did. Once they both recognized and admitted what they had been doing to their children, they settled their ongoing issue. They knew that nothing was more important than their children, but I fear that it was too late for their kids, the damage had been done. Children who grow up in constant conflict may turn to drugs, drop out of school, become abusers or victims of abuse. Their lives may be adversely affected forever; they have been robbed of their childhood. Maybe this story will help you and your children. For the sake of your children and their future happiness, please avoid the conflict. Your interests are not the most important issue in your divorce, your children?s interests are. It really is all about them. **Categories:** Children **Tags:** child support worksheet --- ### [FAQs For Document Preparation, Mediation, & Litigation](https://www.bestlawaz.com/faqs-for-document-preparation-mediation-litigation/) **Published:** September 5, 2013 **Author:** Cindy Best **Content:** **Can traditional document preparation services help me?** Document preparation services cannot provide you with legal advice. So, unless you know the law and the procedures, you could make some devastating mistakes by filling out forms without understanding your rights. Best Law Firm?s document preparation is conducted by an experienced attorney. **How much does document preparation cost?** You may call our law firm to find out our current specials and prices. If you purchased this book, you are entitled to a 20% discount on a package deal. You are also entitled to a free, 15-minute consultation with an attorney. **How long does it take for document preparation?** We can finalize documents within 24 hours. **How do I get started for a document preparation?** Just call our office at (480) 219-2433 or go to our website and fill out the Divorce Coach questionnaire, pay online and we will finish your documents, usually within 24 hours, and provide them to you online. Or, you can pick them up here at our office or we can simply mail them to you. **How do I get a one-hour attorney consultation?** Just call our office at (480) 219-2433. We will meet with you as soon as possible, usually within 48 hours if you are available. We make ourselves available: we know how much stress and anxiety you are feeling. We can also conduct legal consultations over the phone or by SKYPE, as long as a limited scope fee agreement is signed and an hourly fee is paid. **Can I call for a telephone consultation?** We provide free telephone consultations to go over our services and the general legal issues and processes involved in a divorce in Arizona. These phone calls do not give legal advice to you. You can receive legal advice by requesting a ?meeting? (this can be in person, or by SKYPE or telephone) with an attorney, who will provide you with a limited-scope fee agreement for specific legal advice billed at an hourly fee. If you have any questions to begin with, please call our office at (480) 219-2433. **What is a mediator?** A mediator is a neutral third party who can help you negotiate and resolve your divorce. **Can a non-lawyer be a mediator?** Yes, but they do not always have the legal experience to know what really happens in a courtroom. Sometimes, parties are more eager to cooperate and negotiate when they recognize how nasty and unpredictable it is to litigate. **Should my mediator be an attorney and practice law?** We think it helps a great deal when we mediate. We know what can and will happen in court with certain issues and with certain judges, but we also know that sometimes there is no predicting what the court will do with particular facts and issues. Because it can be a crapshoot, an attorney understands the risk/reward of going to trial. **Can an attorney help me if I get stuck after trying to fill out the online forms?** Yes, you can make an appointment and meet with an attorney on an hourly basis. **Are there pitfalls that I need to be aware of?** Yes, they are numerous. If you have any questions, you should consult an attorney. **Will the judge help me?** Judges are very good, but they are not allowed to give you legal advice. They do the best they can within their own limitations imposed by the court. **Can I have an attorney and a mediator?** Yes, you can mediate with or without an attorney. You can mediate all your issues and then have the agreement reviewed by an attorney before signing it. **Can a paralegal draft my documents?** Yes, but this can be dangerous. There are paralegals who offer this service, but they cannot give you legal advice, nor are they experienced in litigation to prevent certain mistakes and problems. **How much does a mediator cost?** Most mediators charge by the hour, anywhere from $200 to $400. Most mediators do not ask for retainers. **How much does it cost to have someone draft my documents?** This is a flat fee and you will know and agree to the price before the work is started. At Best Law Firm, our prices vary, depending on the documents. You can find this information on our website, along with a price list and questionnaire. **Categories:** Divorce **Tags:** documents, mediation --- ### [Frequently Asked Questions Regarding Divorce & Legal Separation](https://www.bestlawaz.com/frequently-asked-questions-regarding-divorce-legal-separation/) **Published:** August 26, 2013 **Author:** Cindy Best **Content:** #### What is the difference between a legal separation and a divorce in Arizona? An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences. In both cases, the court will issue final orders dividing the spouses? debts and assets, enter custody and parenting time orders regarding the parties? children and enter child support and spousal maintenance orders. Additionally, the community property rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry. #### Why would someone choose a legal separation over a divorce in Arizona? Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, some of those reasons may be: religion, health insurance and debts, such as gambling. Also, circumstances may exist in which a spouse has a significant physical ailment that would not be covered by his or her health insurance plan or by some other plan if the parties were divorced. In some circumstances, a legal separation may provide a more suitable alternative to a divorce. #### How do I obtain a legal separation in Arizona? A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court. The petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case, or the issues are presented to the court at a trial, after which, the judge issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce. #### May I stop an Arizona legal separation proceeding? You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition, but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the court enters a final Decree of Legal Separation. #### May I later convert an Arizona legal separation to a divorce? You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. #### What does the court do if one spouse seeks a legal separation and the other spouse seeks a divorce? The court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The court must allow the divorce to proceed if either spouse requests a divorce. #### How do I start a legal separation? To start a legal separation, one party needs to file a petition for legal separation. There are two different petitions; one for families with children and one for families without children. The petition must be served on the other party, just as in a dissolution. #### Who gets to live in the home and how are bills paid during the period the legal separation is being prosecuted? These issues can be addressed by agreement between the parties, but if you do not have agreements, the court can grant temporary orders to address specifically those and other issues. These temporary orders will govern until the case is finished. This is the same process in a dissolution. #### What happens if I get served with separation papers? Many people simply ignore the papers they receive, or simply take the word of the other spouse that they do not have to do anything. Ignoring the paperwork and failing to file a response can lead to disaster. Despite how much you may want to cooperate with your spouse, or be unable to react due to the emotional stress, you cannot ignore the paperwork. A divorce or separation is like any other civil lawsuit. If you do not respond, you will be in default and can lose many rights that could have protected you. #### Does it matter who files first? In Maricopa County, the party who files first will have his or her case set in the courthouse nearest their address. There are four courthouses in the Valley and you may prefer being in one location rather than another. #### Do all separations have to go to trial? No, in fact the majority of separations in Arizona eventually settle without the need to go to a final trial. However, if you are unhappy with the settlement proposals being made by your spouse or they are refusing to accept your proposals, then you may need to mediate, obtain counsel, or go to trial. #### How are property and debts divided in a legal separation? Arizona is a community property state. This means that any property that was obtained, income acquired or debt incurred during the marriage will most likely be divided evenly. Property that was gifted to or inherited by one spouse or was owned by a spouse prior to the marriage is considered separate property and may be protected from the claims of the other spouse. This is the same law that applies to property in a dissolution. (Please see Chapter 6.) **Categories:** Divorce **Tags:** divorce --- ### [Should I Get A Divorce Or Legal Separation?](https://www.bestlawaz.com/should-i-get-a-divorce-or-legal-separation/) **Published:** August 19, 2013 **Author:** Cindy Best **Content:** A common question spouses have is whether they should get a legal separation instead of a divorce. The answer depends on what you are trying to achieve. If you want some financial protection or you want to continue your health insurance, a legal separation will likely accomplish both. If you want to get remarried, you need to get divorced. It is also common for a spouse to file for a legal separation to stop the debts incurred by the other spouse from becoming a community debt. When a petition for a legal separation is filed and served, each party is then responsible for any debt incurred after that service date. A legal separation is almost identical to a divorce, except at the end, you are separated and not divorced. The procedures are identical in terms of filing, costs, and the final agreements regarding finances. Financial agreements in a legal separation will become the same financial agreements in a divorce. In other words, you cannot make a decision regarding finances in a legal separation and then change your mind about the same issues in a divorce, unless both parties agree. The financial agreements in a legal separation (or court decisions) cannot be changed in a subsequent divorce action. #### Children and Legal Separation If, regarding children, you want to have different decisions in a divorce than were made in a legal separation, you can do so. Children are an exception to the general rule that decisions in a legal separation are final in a divorce. You and your spouse can make certain decisions and agreements for a legal separation concerning children, and you are then free to renegotiate or litigate those decisions in a subsequent divorce. Please recognize that there is some duplication of documents, times and litigation expense if a legal separation turns into subsequent divorce. If the person who filed for a legal separation decides that he or she prefers a divorce, then that spouse will have to re-file the paperwork and pay a new filing fee for the dissolution. On the other hand, if one spouse files for a legal separation and the other party wants a divorce, that responsive party can convert the legal separation into a divorce without the consent of the party who filed first, and without paying additional filing fees. Do not be lulled into thinking you are just getting separated, when your initiating separation may, in fact, cause your partner to respond with a divorce. You may find yourself trying to stop a runaway train if you file for a legal separation, falsely believing that a divorce cannot result from your initial filing. Use caution in filing any papers, and never use it as an attention-getting device, because it may go further than you wanted. Remember, if either party wants a divorce, there is nothing you can legally do to stop it. **Categories:** Divorce, Children **Tags:** legal custody --- ### [Document Preparation](https://www.bestlawaz.com/document-preparation/) **Published:** August 11, 2013 **Author:** Cindy Best **Content:** #### Forms and Filing for Doing It Yourself There are self-help forms at the courthouses and you can find them online at superiorcourt.maricopa.gov/. There are also explanations about these forms; what is missing is the information in this book, such as how the process works and what laws tell you that you might be entitled to. Be warned that information at that website may be out-of-date and confusing. While a do-it-yourself divorce may work for some, it can be dangerous and disastrous for others. At a minimum, you should review the forms and the instructions and review this book. If you have some questions after reading this book, you might want to call Best Law Firm for an attorney consultation or to have someone fill out the forms for you for a flat fee. #### Document Preparation by an Attorney Another option in preparing for divorce is to have our firm draft your documents for a flat fee. If you are interested in this type of service, we provide potential clients with a Divorce Coach questionnaire and we can complete the necessary documents for filing pertinent to your specific situation, often within 24 hours. Our document preparation is handled by attorneys who understand the legal requirements of your case. Also, if you have any questions, you can call our office and speak with an attorney specifically about your case and your needs. A free, 15-minute consultation comes with the flat fee package for your document preparation. Another option is to pay for a one-hour attorney consultation. Note: once you consult with an attorney, that same attorney cannot act as a mediator in your case, because that would be a conflict of interest. Any case can be mediated, even though one or both parties has an attorney. #### Why Come to Us? Individuals often come to us after trying to do it alone or after experiencing a court disaster. But some mistakes cannot be undone. It is easy to fall into the trap of thinking that you can handle your situation on your own. Do-It-Yourself forms make legal matters seem very simple. Unfortunately, there are many dangers to using these template legal forms. Because of the potential dangers, there are several reasons why people should come to an attorney to have their legal documents prepared: 10. You are held to the standard of an attorney when you deal with the legal system. 11. You simply do not know what you do not know, and not knowing can lead to costly mistakes that can haunt you for years. 12. You may think that you understand the forms, but you may not understand the legal significance of what you are doing and the long-term effects it can have. A form cannot anticipate future problems and provide protection. A form cannot counsel you about additional legal documents you may need. 13. Non-lawyers who prepare documents cannot give you legal advice, suggest strategies, or advise you about your rights. As experienced attorneys, we are able to provide the guidance you need to avoid problems. Our clients benefit from peace of mind, knowing an experienced attorney is preparing their legal documents and answering their questions, without the high costs associated with a lawyer who does everything. **Categories:** Divorce **Tags:** documents --- ### [Why Would you Want to do Your Own Divorce?](https://www.bestlawaz.com/why-would-you-want-to-do-your-own-divorce/) **Published:** August 6, 2013 **Author:** Cindy Best **Content:** The simplest answer may be money: divorce attorneys are not cheap. Using your attorney as a sword to duel with your partner is very expensive. Actually, it is ridiculously expensive. So, if you and your partner have any inclination to work things out, and you most likely will be able to, you should try to do part, if not all, of your divorce yourselves. You may need help along the way, but that does not preclude you from doing much of it yourself. If you run into bumps, you can always use an attorney for a consultation in a limited scope representation or as a mediator. For instance, you can pay an attorney at our law firm for one hour of time to give you legal advice and to advocate for you. Or, at our firm, you can hire an experienced mediator to avoid court. A mediator does not give legal advice or take sides, but is a paid neutral party who consults with you and your partner together. Having practiced family law in Arizona courts, we know you are better off if you can avoid a messy courtroom confrontation. You can do your divorce yourself or with as much help as you want. You can do it spending as little or as much money as you decide. You can handle it with as much or as little conflict as you allow yourself to participate in. Let?s go through all the various options of handling a divorce, which include doing it yourself, using document preparation services, hourly legal consultations, mediation and of course, with lawyers. **Categories:** Divorce **Tags:** best law firm --- ### [Who Gets the Dog in a Divorce in Arizona?](https://www.bestlawaz.com/divorce-pets/) **Published:** January 27, 2012 **Author:** Cindy Best **Content:** This is a question that many people ask when getting a divorce in Arizona. Pets are a part of many people’s families.? And society as a whole has become more accepting of the pet’s position in the family?over the past several years.? More and more public places have become “pet friendly” to accomodate America’s love of pets. In the eyes of the law?pets are considered property.? But for many people, pets are considered part of the family, and are more like children than property.? During a divorce, it can be difficult to determine who ultimately ends up with the family pet.? Fluffy and Fido mean more to most people than to simply list them with the couch and the TV. A good attorney will listen to the client’s concerns about their family pet, and can help to draft the exact language which can be similar to ?a child custody agreement which can be incorporated into the final divorce documents.? Do not be afraid to speak up and ask questions on behalf of your pets. The court will want to know if the dog or other pet was a gift, who takes care of it, who pays to take care of it, who takes it for walks, takes it to the vet, who brushes it, and who the pet is bonded with the most. **Categories:** Divorce --- ### [Dangers of Facebook and Divorce - Don't Air Your Dirty Laundry Online!](https://www.bestlawaz.com/dangers-facebook-divorce-air-dirty-laundry-online/) **Published:** January 16, 2012 **Author:** Cindy Best **Content:** For most, Facebook is an innocent fun way to connect with friends and family, or a way to try to connect with old childhood friends.? But for an individual going through a divorce, social media such as Facebook can be a dangerous, and costly tool.? For divorce attorneys, sites such as Facebook have provided a way of disparaging the opposing party and providing evidence that was not available in years past.? A Father claiming to have no money can be proven wrong by his soon to be ex-wife’s attorney showing pictures of the brand new BMW he posted pictures of on his Facebook page.? The Mother who swears she does not drink can be shown to be a liar by the opposing counsel when there are photos of her with drinks in hand all over her Facebook page from just days prior to her making such a statement. The days of privacy and anonymity are long gone.? Savvy lawyers are now able to find anything online, including photos and evidence from job networking sites, and Facebook posts.? It is important to consider this when going through a divorce, and in the process of any litigation.? Recall that even with the most private and secure settings it is possible to gain access to these sites, or for someone else to gain access to these sites.? Therefore, it is very important to use common sense and discretion when using social networking sites during the dissolution process.? A good rule of thumb would be not to post anything you wouldn’t want the entire world to see, or that you wouldn’t want the Judge to see.? After all, do you really want to air your dirty laundry on Facebook? **Categories:** Divorce **Tags:** divorce, Facebook --- ### [Do You Have To Move Out Of Your House During Divorce?](https://www.bestlawaz.com/move-house-divorce/) **Published:** January 11, 2012 **Author:** Cindy Best **Content:** Your husband wants a divorce and tells you to get out of the house. You wife is angry and tells you to move out, she is getting a divorce. What do you do? This is often the way divorces begin and it is unfortunate. In Arizona, a house that was purchased during the marriage is presumed to be community property, in other words owned by each party. Once one party leaves a home, the court may later determine that the remaining party can change the locks, subject to the leaving party getting their personal property. Every case is different and there is no one answer to this question. If you find yourself in this position, it would be wise to seek the advice of an experienced family law attorney at the Best Law Firm. We can help! We offer free telephone consultations. We also offer in person consultations at our office for $200 per hour, with no requirement to retain us. We are there just to help you and answer your questions specific to your situation. **Categories:** Divorce, Children **Tags:** divorce, child support, community property, marital property, child custody --- ### [Hollywood Marriages vs. Long Term Marriage and the Effect on Spousal Maintenance](https://www.bestlawaz.com/hollywood-marriages-vs-long-term-marriage-effect-spousal-maintenance/) **Published:** January 4, 2012 **Author:** Cindy Best **Content:** In a time when most Hollywood couples are getting married and divorced within the same year, and most everyday couples find it difficult to stay together as well, the term “long-term” marriage is becoming more and more obsolete.? The length or term of a couple’s marriage is one of several factors a Judge will look at when making a decision on whether to award spousal maintenance (also referred to as alimony or spousal support), in what amount and for what length of time. The length of a couple’s marriage is very important in the determination of a potential spousal maintenance award.? It is taken into consideration twice: first when a Judge is determining whether a party is entitled to an award of spousal maintenance; and?second to determine the amount and duration of the award.? Several other factors are taken into account along with the length of the marriage including a party’s ability to become self-supporting, or their ability to be self-sufficient; the party’s age; the standard of living established during the marriage; and the comparative financial resources of the parties (see [A.R.S. ?25-319 ](http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/25/00319.htm&Title=25&DocType=ARS)for a complete list of factors a Court may consider in granting or denying a request for spousal maintenance). **Categories:** Divorce --- ### [Child Support](https://www.bestlawaz.com/child-support/) **Published:** November 30, 2011 **Author:** Cindy Best **Content:** Are you getting the child support that you are legally entitled to receive for your children? The Maricopa County website provides information for you to help determine the correct child support amount. The courts are very strict about making sure that parents pay child support and they provide remedies for parents who are owed child support. If you are not sure you are getting what should be getting, call the Best Law Firm for an in office legal consultation for $200 and we can review your specific situation and give you specific legal advice. It is well worth your time to make sure your children are getting what they deserve. We offer flat fee document preparation also to help you keep your costs lower while still enforcing your rights. And if you and your partner need help to resolve some issues, the Best Law Firm offers mediation to help make agreements and keep you out of court. **Categories:** Children --- ### [Holidays and Parenting Time](https://www.bestlawaz.com/holidays-parenting-time/) **Published:** November 30, 2011 **Author:** Cindy Best **Content:** If you are co-parenting with someone you do not live with, you may have to take extra time to make sure everyone is happy over the holidays. Oftentimes, there is a great deal of stress for children as they are taken from one parents’ home to another. Please think of your children and the holiday memories you are creating for them. Do you want them to recall all the good times such as baking cookie and the anticipation of Santa Claus? Or are you setting them up to remember arguments, tension, fighting and putting them in the middle of adult disputes? You and your co-parent should make sure you work together on resolutions, making sure your agreements are in writing and above all: put your childrens’ needs above your own! **Categories:** Children **Tags:** divorce, parenting time, child custody, co-parents --- ### [Do-It-Yourself vs. Seeking advice of an Attorney](https://www.bestlawaz.com/do-it-yourself-vs-seeking-advice-attorney/) **Published:** November 4, 2011 **Author:** Cindy Best **Content:** There is a justifiable argument on both sides of this debate. After all, there are? Self-Service Centers? being developed and opened up more and more in courts throughout the land. They are also surely a very assistive and helpful department and [Do-It-Yourself Divorce](http://bestlawaz.com/start-your-divorce-now/ "Start your divorce now") forms are usually also downloadable via the Internet as well. All this may seem to make legal matters very simple. It is just as easy to fall into the trap of thinking you can handle your own divorce proceedings through the courts and that is where the very dangers lie. Using these template legal forms (and the instructions that are also available) provide many reasons that the best approach to any legal matter makes seeking the advice of an attorney the practical and usually less costly approach. Here are merely a few: 1\. When you represent yourself in Court, you are held to the very same standard of an attorney when you deal with our legal system; 2\. Simply, you do not know what you do not know and not knowing can, and usually does, lead to those costly mistakes I have described above that have the potential of haunting you for years to come; 3\. Experience shows that although you may think you know and understand those forms, chances are that you probably do not understand the legal significance they have. Forms do NOT anticipate future problems or provide protection from them and forms do not counsel you on the possible additional legal documents that may be required. 4\. Non-lawyers are, by law, barred from giving you legal advice, suggest legal strategies, or advise you of your legal rights. As attorneys, we are here to guide you through the legal process of divorce with you and WITHOUT the emotional stress that is inherent in matters of this type. Our clients benefit from peace of mind, answers to their questions, and done in the strict confidence of attorney-client privilege. Best of all our attorneys and staff are available when necessary in dealing with the sensitive nature sometimes unfortunately common to a divorce proceeding. The BEST LAW FIRM prides itself in being here to help you help yourself. We are committed to resolving problems and issues not add to them. **Categories:** Divorce --- ### [Holiday Time and Child Custody](https://www.bestlawaz.com/holiday-time-child-custody/) **Published:** November 1, 2011 **Author:** Cindy Best **Content:** If you and your former partner are not sure what to do during the upcoming holiday season, you might want to consider reading our book: The Divorce Coach. There are chapters devoted to parenting plans and ideas to make this difficult time easier. And, if you need more help, you can always use an experienced mediator at The Best Law Firm. Contact us today for a free telephone consultation. **Categories:** Children --- ### [Halloween and child custody](https://www.bestlawaz.com/halloween-child-custody/) **Published:** October 31, 2011 **Author:** Cindy Best **Content:** Your child does not want to be in the middle of an adult tug of war. If you have child custody issues with your former partner, make certain it does not spill over into your relationship with your children. Cooperate with your former partner so you can each share these happy holiday times with you kids. You are helping create childhood memories for your children?make them happy memories! Be the better person and practice peace and forgiveness of your former partner; for the sake of the children. **Categories:** Children --- ### [Questions about getting divorced in Arizona](https://www.bestlawaz.com/questions-getting-divorced-arizona/) **Published:** October 7, 2011 **Author:** Cindy Best **Content:** Our new book, The Divorce Book, will answer your questions about Arizona Divorce. We can help you with property, custody, parenting plans, spousal maintenance, child support and property. Call us for a free telephone consultation. Best Law Firm at 480-219-2433. **Categories:** Divorce --- ### [Ask the Divorce Coach: Husband Threatens to Take Spouse to ?Cleaners?](https://www.bestlawaz.com/divorce-coach-husband-threatens-spouse-cleaners/) **Published:** October 5, 2011 **Author:** Cindy Best **Content:** **By Cindy Best, Best Law Firm** Did you know there is usually a spike in divorce filings in late August and September, after school starts? Filing for divorce or separation in Arizona can be an intimidating and often complicated process. Having a knowledgeable professional on your side to help answer your questions can make the experience less stressful and easier to understand. Here are some recently asked questions submitted to us at Best Law Firm. **My husband says that if I ever leave him, he will take me to the cleaners and get spousal maintenance from me. Is this true in Arizona? ? Stacey in Mesa** When people are angry and feel threatened, they often say mean and hurtful things. First, no one takes anyone to the cleaners?whatever that means. Arizona is a community property state, and everything acquired during the marriage is presumed ?community? and split 50-50, including debts and pensions and 401Ks. Divorce cases are tried in front of a single judge in a court of equity, meaning the court will do what is ?fair,? but the judge must also follow the statutes. One of the specific statutes is about spousal maintenance, and parties are not entitled to it without showing they can?t support themselves. **My wife wants a divorce, and she says I won?t be allowed to have the children live with me. They are 4, 6 and 10. I love my kids. Now what? ? Sam in Scottsdale** I have good news for you. There is no presumption of the mother over the father in Arizona. Child custody in Arizona refers to legal custody (which parent makes decisions about school, health and religion) and physical custody (where the kids live). You and the mother should both decide what is in the children?s ?best interests? because if you cannot decide, a judge will do it for you. Since they are your kids, why would you want a stranger to your family to dictate your life? I understand that your wife needs to be a willing participant, but keeping children away from one parent with no reason may be grounds to lose custody. If both parents are loving, kind, capable and live near each other, most judges award joint legal and physical custody?provided there is no drugs, criminal behavior, alcoholism, mental illness or domestic violence involvement by a parent. **My 25-year-old son and his girlfriend have a baby. Does my son have any rights to my grandchild? What about me? ? Nancy in Phoenix** No, unfortunately, your son doesn?t have any legal rights unless and until he goes to court and asks for the establishment of paternity (which can simply be admitted by the parties), custody and parenting time. A single mother has sole legal custody until a declaration by the court or agreement by the parties. The parents can enter into their own written, binding agreement, called a Rule 69 agreement, which can either be filed away by the parents or converted into a court order by filing it with the court. And in certain circumstances, grandparents do have rights in Arizona. *Cindy Best, co-author of The Divorce Coach, owns Best Law Firm (www.bestlawaz.com) in the Scottsdale Airpark, 14300 N. Northsight Blvd. During her 20 years of legal experience, she has conducted more than 90 trials and handled over a thousand mediations and settlements. Do you have a question for The Divorce Coach? Call 480-219-2433 or email thedivorcecoachaz@gmail.com.* From the [Airpark News](http://www.scottsdaleairpark.com/Divorce-Coach.asp "Airpark News") **Categories:** Children --- ### [Suze Orman divorce advice in Oprah Magazine](https://www.bestlawaz.com/suze-orman-divorce-advise-oprah-magazine/) **Published:** February 15, 2011 **Author:** Cindy Best **Content:** The high cost of divorce is unnecessary. Suze Orman had to answer a father?s question about how to pay for his son?s college after spending over $100,000 for the father?s divorce. It is sad to read that a family spend over $200,000 (most likely since each side had to pay lawyers) instead of spending it on their children?s education or a retirement plan. Do not be scared into hiring high priced litigious lawyers..instead, read our book and learn how to become empowered so you understand the system and your options for divorce in Arizona. Check out our new book called THE DIVORCE COACH from our website or by calling 480-219-2433. **Categories:** Divorce --- ## Pages ### [Scottsdale Family Law & Divorce Home Page](https://www.bestlawaz.com/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [The Alec and Lydia Act: What Every Arizona Family Needs to Know](https://www.bestlawaz.com/alec-and-lydia-act/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** Arizona's domestic violence law changed June 22, 2026. The Alec and Lydia Act creates new protections for victims and children. **Content:** Arizona Domestic Violence Law 2026# The Alec and Lydia Act: What Every Arizona Family Needs to Know Arizona’s domestic violence law changed on June 22, 2026. This resource hub explains what the Alec and Lydia Act changed, how it affects family court cases, and what victims and parents should know now. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) **HB 2995**Arizona's Alec and Lydia Act **June 22, 2026**Signed and effective **33 Resources**Articles, blogs, definitions, and statutes **Family Court**Domestic violence and child safety ## Alec and Lydia Act resources [HubThe Alec and Lydia Act: What Every Arizona Family Needs to Know](https://www.bestlawaz.com/alec-and-lydia-act/)[Application GuideDoes the Alec and Lydia Act Apply to Your Case?](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/)[HB 2995 TextThe Alec and Lydia Act: HB 2995 Statute Text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Definition GuideWhat Is Domestic Violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/)[Criminal StatuteA.R.S. § 13-3601: Arizona Domestic Violence Statute](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/)[Article 1Alec and Lydia: The Tragedy That Changed Arizona Law](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/)[Article 2What the Alec and Lydia Act Means for Your Arizona Divorce](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/)[Article 3What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/)[Article 4Coercive Control Is Domestic Violence in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Article 5If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/)[Article 6The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/)[Article 7The Arizona Judiciary Was Trained to Apply the Alec and Lydia Act Immediately. That Tells Us Something.](https://www.bestlawaz.com/alec-and-lydia-act/arizona-judiciary-trained-alec-lydia-act/)[Article 8The Pipeline: Your Case Was Filed Before June 22, 2026: What the Alec and Lydia Act Means for You Now](https://www.bestlawaz.com/alec-and-lydia-act/cases-filed-before-june-22/)[Article 9What the Alec and Lydia Act Requires of the Abusive Parent And How Does the Court Analyze The Rebuttal?](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/)[Article 10The Alec and Lydia Act: Before and After June 22, 2026](https://www.bestlawaz.com/alec-and-lydia-act/before-and-after-june-22-2026/)[Article 11Children Are Protected as Domestic Violence Victims Under the Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/child-abuse-is-domestic-violence/)[Article 12How To Prepare for My Temporary Orders Hearing When There is Domestic Violence](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: June 2026 On June 22, 2026, Governor Katie Hobbs signed House Bill 2995 into law. It is called the Alec and Lydia Act, named after two children who were shot and killed by their father while he was exercising unsupervised parenting time during a divorce. Their mother, Hope Hooton, fought for this law. It is now in effect. The Alec and Lydia Act is the most significant overhaul of Arizona’s family court domestic violence law in recent memory. It changes what courts must find, what they must put in writing, what they must presume, and what they can no longer ignore when domestic violence is present in a case involving children. If you are going through a divorce or a parenting dispute in Arizona and domestic violence is part of your story, the legal framework that governs your case changed on June 22, 2026. This series of articles explains what changed, what it means for you, and what to do now. We have practiced family law exclusively in Arizona for nearly twenty years. We are trauma informed attorneys. We have been fighting these cases before this law existed. Now the law has caught up to what we have always believed. ## Read the full series [Start Here**The Alec and Lydia Act: Does It Apply to Your Case?**What we know, what we believe, and why the Act should apply to cases heard after June 22, 2026.](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/)[Article 1**Alec and Lydia: The Tragedy That Changed Arizona Law**The story of Alec, Lydia, Hope Hooton, and the tragedy that changed Arizona family law.](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/)[Article 2**What the Alec and Lydia Act Means for Your Arizona Divorce**A plain-language explanation of what the Alec and Lydia Act means in an Arizona divorce or parenting case.](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/)[Article 3**What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children**The mandatory obligations Arizona judges now have when domestic violence is alleged in a case involving children.](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/)[Article 4**Coercive Control Is Domestic Violence in Arizona**A walkthrough of coercive control and why Arizona now recognizes it as domestic violence in family court.](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Article 5**If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now**A practical guide for victims in an Arizona divorce or parenting case involving domestic violence.](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/)[Article 6**The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.**You do not have to have been married for the Alec and Lydia Act to protect you and your children.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/)[Article 7**The Arizona Judiciary Was Trained to Apply the Alec and Lydia Act Immediately. That Tells Us Something.**Why judicial training before the law took effect supports applying the Alec and Lydia Act to Arizona family court cases already in the pipeline.](https://www.bestlawaz.com/alec-and-lydia-act/arizona-judiciary-trained-alec-lydia-act/)[Article 8**The Pipeline: Your Case Was Filed Before June 22, 2026: What the Alec and Lydia Act Means for You Now**Practical paths for cases filed before June 22, 2026, including final orders, temporary orders, contempt, modification, and pending trials.](https://www.bestlawaz.com/alec-and-lydia-act/cases-filed-before-june-22/)[Article 9**What the Alec and Lydia Act Requires of the Abusive Parent And How Does the Court Analyze The Rebuttal?**Learn what Arizona courts may order after a domestic violence finding, how the rebuttal is analyzed, and what evidence matters.](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/)[Article 10**The Alec and Lydia Act: Before and After June 22, 2026**A side-by-side guide to Arizona family court before the Act and the domestic violence protections that took effect June 22, 2026.](https://www.bestlawaz.com/alec-and-lydia-act/before-and-after-june-22-2026/)[Article 11**Children Are Protected as Domestic Violence Victims Under the Alec and Lydia Act**How Arizona’s Alec and Lydia Act treats most abuse of a child by a parent as domestic violence, and what that means for evidence and court-ordered protections.](https://www.bestlawaz.com/alec-and-lydia-act/child-abuse-is-domestic-violence/)[Article 12**How To Prepare for My Temporary Orders Hearing When There is Domestic Violence**What an Arizona family court must do at a temporary orders hearing when domestic violence is alleged under the Alec and Lydia Act.](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/) ## Blogs These blog posts answer specific questions about the Alec and Lydia Act, domestic violence evidence, parenting-time restrictions, and what Arizona courts must consider now. [Court Restrictions**What Limitations Can the Court Place on an Abusive Parent’s Parenting Time Under the Alec and Lydia Act?**What Arizona courts can order after a domestic violence finding under the Alec and Lydia Act, including protected exchanges, supervised parenting time, and suspended access.](https://www.bestlawaz.com/alec-and-lydia-act-court-restrictions/)[Q&A**The Alec and Lydia Act: Your Questions Answered**Plain-language answers to common questions parents are asking about Arizona's Alec and Lydia Act and domestic violence in family court.](https://www.bestlawaz.com/alec-and-lydia-act-questions-and-answers/)[Evidence Standard**What is the Standard of Evidence in the Alec and Lydia Act?**How preponderance of the evidence and clear and convincing evidence work under the Alec and Lydia Act in Arizona family court.](https://www.bestlawaz.com/alec-and-lydia-act-standard-of-evidence/)[Proving DV**How Do I Prove Domestic Violence With No Police Report and No Photos?**How to start proving domestic violence in family court when there is no police report, no photos, and years of private abuse.](https://www.bestlawaz.com/how-to-prove-domestic-violence-no-police-report/)[Court Orders**What Can the Court Order the Abusive Parent to Do?**The court can order intervention programs, counseling, drug and alcohol testing, bonds, and other safeguards under Arizona's Alec and Lydia Act.](https://www.bestlawaz.com/what-can-the-court-order-the-abusive-parent-to-do/)[Finished a Class**The Abuser Finished a Class. Do They Get the Children Unsupervised?**Why a class completion certificate alone does not restore unsupervised parenting time, and what Arizona courts must analyze before lifting restrictions.](https://www.bestlawaz.com/the-abuser-finished-a-class/)[No Police Report**I Never Called the Police. Do I Still Have a Case for Domestic Violence?**How domestic violence can be established without a police report, and what records, timelines, and testimony can help build the court record.](https://www.bestlawaz.com/i-never-called-the-police/)[Child Safety**My Children Want to See Their Dad. Does That Matter If There Is Domestic Violence?**Why a child's desire to see an abusive parent does not override safety under the Alec and Lydia Act, and why written findings matter.](https://www.bestlawaz.com/my-children-want-to-see-their-dad/)[Filed Before June 22**Does the Alec and Lydia Act Apply to My Case If I Filed Before June 22, 2026?**Why Best Law Firm believes the Alec and Lydia Act applies to Arizona custody cases filed before June 22, 2026, plus courtroom arguments, written findings, and offers of proof.](https://www.bestlawaz.com/does-the-alec-and-lydia-act-apply-if-filed-before-june-22-2026/)[Child Abuse & DV**Is Child Abuse Considered Domestic Violence in Arizona?**Yes. Most abuse directed at a child by a parent is domestic violence under Arizona’s Alec and Lydia Act, and that changes what the court can order.](https://www.bestlawaz.com/alec-and-lydia-act/is-child-abuse-domestic-violence-arizona/)[Step Parent Abuse**What Can You Do About Step Parent Abuse?**If someone in your ex’s household is abusing your child, that is domestic violence against that ex. Here is what to file, and how the Alec and Lydia Act reaches your ex.](https://www.bestlawaz.com/what-can-you-do-about-stepparent-abuse/)[Modification & Past DV**My Ex Is Filing For a Modification. Can I Bring Up The Domestic Violence From Our Marriage In My Response?**Your ex filed to modify custody. You can raise the domestic violence from your marriage, even if it is old and even if it was already decided.](https://www.bestlawaz.com/ex-filed-modification-can-i-bring-up-domestic-violence/)[5 Questions**5 Questions to Ask an Attorney Before You Hire Them For Your Domestic Violence Case**Before hiring an Arizona attorney for a domestic violence case, ask five questions about the new law, evidence, experience, and trauma-informed practice.](https://www.bestlawaz.com/alec-and-lydia-act/questions-to-ask-an-attorney-about-domestic-violence/)[Choosing an Attorney**How Do I Choose the Right Attorney for Domestic Violence?**Learn what an Arizona family law attorney should understand about coercive control, older abuse, victim testimony, and the Alec and Lydia Act.](https://www.bestlawaz.com/alec-and-lydia-act/how-do-i-choose-the-right-attorney-for-domestic-violence/)[Before the Hearing**I Am Scared of My Upcoming Temporary Orders Hearing. I Am a Victim of Domestic Violence. What Should I Do?**What to do if you are afraid of an upcoming Arizona temporary orders hearing where domestic violence is part of your case.](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/)[After the Hearing**I Just Had My Temporary Orders Hearing. Yuck. Now What Do I Do?**What to do after an Arizona temporary orders hearing in a domestic violence case, what your order should contain, and how to get a second look at it.](https://www.bestlawaz.com/alec-and-lydia-act/after-my-temporary-orders-hearing/)[Corroborating Evidence**Corroborating Evidence and a Hearing in French**Arizona's Alec and Lydia Act does not require exhibits or another witness to corroborate domestic violence testimony. Learn what judges may consider.](https://www.bestlawaz.com/corroborating-evidence-hearing-in-french/) ## Reference pages These reference pages provide the broader domestic violence definition, the criminal domestic violence statute, and the HB 2995 statutory text behind the Alec and Lydia Act. [HB 2995 Text**The Alec and Lydia Act: HB 2995 Statute Text**Read the HB 2995 statute text behind Arizona's Alec and Lydia Act and the family-court domestic violence changes it made.](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Definition Guide**What Is Domestic Violence in Arizona?**Domestic violence in Arizona is broader than physical assault. Learn what conduct and relationships can matter.](https://www.bestlawaz.com/what-is-domestic-violence-arizona/)[Criminal Statute**A.R.S. § 13-3601: Arizona Domestic Violence Statute**Read Arizona's criminal domestic violence statute and the qualifying offenses and relationships.](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/) ## Questions and Answers ### What is the Alec and Lydia Act? The Alec and Lydia Act is Arizona House Bill 2995, signed into law on June 22, 2026. It is named after Alec and Lydia Mater, two children who were killed by their father during unsupervised parenting time. The law significantly expands protections for domestic violence victims and their children in Arizona family court. It creates a mandatory presumption against awarding parenting time or legal decision making to a parent who has committed domestic violence, requires courts to make specific written findings when domestic violence is alleged, expands the definition of domestic violence to include coercive control, and raises the standard an abusive parent must meet to regain access to their children. ### When did the Alec and Lydia Act take effect? June 22, 2026. The law is effective immediately from the date of signing. Any family court proceeding going forward is governed by the new framework. ### Does the Alec and Lydia Act apply to my case? If you are in an Arizona divorce or parenting dispute where domestic violence is an issue, the new law may apply to proceedings going forward from June 22, 2026. A consultation with Tali can help you understand what the new law means for your specific situation. ### What is coercive control under the new law? Coercive control is a pattern of threatening, coercive, or emotionally abusive conduct that Arizona now recognizes as domestic violence for family court purposes. It includes financial control, isolation, surveillance, stalking, demeaning conduct, threats involving immigration status, and using family court itself as a weapon by filing false or frivolous claims against the other parent. ### What does the mandatory presumption mean? When a court finds that a parent has committed domestic violence, the law now creates a mandatory presumption that awarding parenting time or legal decision making to that parent is contrary to the child's best interests. The abusive parent starts from a restricted position and must overcome that presumption before parenting time or legal decision-making rights may be awarded. ### I was told before that what happened to me was not domestic violence. Has that changed? It may have. The Alec and Lydia Act expanded Arizona's family-court definition of domestic violence to include coercive control, which can include financial abuse, isolation, surveillance, threats, demeaning conduct, and using family court as a weapon. If you were previously told your experience did not meet the legal threshold, a consultation under the new law is worth having. ## On this page [Read the full series](#read-the-full-series)[Reference pages](#reference-pages)[Questions and Answers](#questions-and-answers) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with Tali before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Ready to talk? Book your consultation with Tali to understand what the Alec and Lydia Act may mean for your Arizona divorce, parenting, or domestic violence case. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [High Net Worth Divorce in Arizona: A Resource Hub for Complex Estates](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/) **Published:** August 13, 2026 **Author:** Tali Collins **Excerpt:** Explore Arizona high net worth divorce guides on preparation, business operations, property, valuation, mediation, costs, and settlement decisions. **Content:** High Net Worth Divorce Resource Hub# High Net Worth Divorce in Arizona: A Resource Hub for Complex Estates Practical Arizona guidance for business owners, executives, investors, and spouses navigating complex property, income, valuation, and settlement decisions. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) **4 Articles**Start with the first four guides **Arizona**State-specific family law guidance **Business**Ownership, operations, and valuation **Big Picture**Cost, time, conflict, and goals ## High net worth divorce resources [Resource Hub**High Net Worth Divorce in Arizona: A Resource Hub for Complex Estates**](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/)[Article 1**How to Survive Your Divorce: The Seven Roads**Learn more](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-to-survive-my-divorce/)[Article 2**What Should I Know Before I File for Divorce?**Learn more](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/what-should-i-know-before-i-file-for-divorce/)[Article 3**How Do I Keep Running My Business During a Divorce?**Learn more](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-do-i-keep-running-my-business-during-a-divorce/)[Article 4**How Does the Other Spouse Get Paid When One Spouse Keeps the Business After Divorce?**Learn more](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-does-a-spouse-get-paid-in-a-business-buyout/) A high net worth divorce can involve far more than a large balance sheet. A privately held business, professional practice, real estate, investments, retirement accounts, stock compensation, trusts, separate-property claims, debt, or changing income can make the financial picture difficult to identify, value, and divide. Early decisions matter. Before positions harden, it helps to understand what exists, what must keep operating, which records will be needed, when a financial expert may be useful, and whether issues can be resolved through negotiation or mediation rather than trial. This resource hub brings Best Law Firm’s Arizona guidance together in one place. Start with the guide that matches where you are now, then use the related resources to explore business valuation, property division, mediation, and legal-fee planning. ## Start with the first four articles Begin with the process choices that control cost and conflict, the information worth gathering before filing, the practical issues that arise when a business must continue operating, and the options for paying a spouse when the other keeps that business. [Article 1**How to Survive Your Divorce: The Seven Roads**Compare seven common divorce paths and learn how cooperation, conflict, disclosure, and process choices can shape cost, time, and stress. Read Article](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-to-survive-my-divorce/)[Article 2**What Should I Know Before I File for Divorce?**Before filing for divorce, clarify your goals, learn the family finances, gather key records, and understand Arizona's preliminary injunction. Read Article](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/what-should-i-know-before-i-file-for-divorce/)[Article 3**How Do I Keep Running My Business During a Divorce?**You can keep running a business during divorce, but ordinary operations, major transactions, valuation, income, and records may be examined. Read Article](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-do-i-keep-running-my-business-during-a-divorce/)[Article 4**How Does the Other Spouse Get Paid When One Spouse Keeps the Business After Divorce?**Learn how cash, asset trades, secured promissory notes, or a sale can pay the spouse who does not keep the business—and which terms can protect both sides. Read Article](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-does-a-spouse-get-paid-in-a-business-buyout/) ## What makes these cases complex? Every estate is different, but these six areas commonly require the most planning, documentation, and coordination. ### Businesses and professional practices Ownership, community or separate-property claims, continued operations, valuation, cash flow, and a possible buyout can all affect the final structure of a settlement. ### Complex income and compensation Bonuses, equity awards, deferred compensation, investment income, and benefits may require more analysis than a regular paycheck. ### Real estate and investments Multiple homes, rentals, closely held investments, and accounts with changing values raise timing, tax, and liquidity questions. ### Community and separate property Records showing when and how property was acquired can become central when separate and community funds have been mixed. ### Support and future cash flow A workable resolution looks beyond the balance sheet to housing, insurance, taxes, support, debt, and the money each household will need after divorce. ### Privacy and process The right process can reduce unnecessary conflict, focus expert work, and help keep sensitive financial and business information from becoming the center of public litigation. ## Where to begin **Define the end game.**Identify the home, business, support, liquidity, and lifestyle outcomes that matter most before spending time on details that may not change the result. **Understand the financial picture.**Locate tax returns, account statements, compensation records, property documents, business agreements, insurance, debt, and any premarital or postnuptial agreement. **Choose the right process.**Negotiation, mediation, expert-assisted settlement, arbitration, and litigation carry different costs, time demands, privacy considerations, and levels of control. **Use experts with a purpose.**Valuation, tax, tracing, and financial experts are most useful when their work answers a question that will materially affect the outcome. ## Explore related high net worth divorce resources These established Best Law Firm pages address business ownership and valuation, property division, mediation, and legal-fee planning. [High Net Worth Divorce**Complex & High Net Worth Divorce**](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/)[Business Owners**Divorce for Business Owners in Arizona**](https://www.bestlawaz.com/divorce-for-business-owners-in-arizona/)[Business Valuation**How a Business Is Valued in an Arizona Divorce**](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/)[Property Division**Arizona Property Division**](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/)[Mediation**High Net Worth Divorce Mediation**](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/)[Costs & Fees**Family Law Legal Fees Programs**](https://www.bestlawaz.com/family-law-legal-fees-programs/) ## High net worth divorce questions ### What makes a high net worth divorce complex? Multiple asset types, ownership interests, changing income, valuation, tracing, taxes, and liquidity can overlap. Complexity is often about the structure of the estate, not one dollar threshold. ### What should I do before filing for divorce? Clarify your goals, learn the financial picture, preserve lawfully accessible records, and get advice before making major financial changes. ### Can I keep running my business during divorce? Normal operations often continue, while major transactions, compensation, cash flow, ownership, and records may receive closer review. ### Will I need a business valuator or forensic accountant? It depends. Valuators estimate value, while forensic accountants may trace funds or test income. Expert work should be scoped to the actual dispute. ### Can a high net worth divorce be resolved through mediation? Often, yes, after reliable disclosure and any needed valuation work. Suitability depends on the facts and both spouses' ability to negotiate with complete information. ### How can I control cost and conflict? Set priorities, organize records, distinguish high-impact disputes, use experts deliberately, keep positions reasonable, and consider negotiation or mediation where appropriate. ## On this page [Start with the first four articles](#start-with-the-four-articles)[What makes these cases complex?](#what-makes-these-cases-complex)[Where to begin](#where-to-begin)[Related resources](#related-high-net-worth-divorce-resources)[Questions and answers](#high-net-worth-divorce-questions) ## Need help? Talk with Tali about the property, business, support, process, and settlement decisions that may shape your Arizona divorce. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case You do not need to have every document or decision figured out before you call. Start with your story, your priorities, and the questions that matter most. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, property, support, business, and mediation matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. Always consult a tax professional or CPA for tax advice. --- ### [How Does the Other Spouse Get Paid When One Spouse Keeps the Business After Divorce?](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-does-a-spouse-get-paid-in-a-business-buyout/) **Published:** August 13, 2026 **Author:** Tali Collins **Excerpt:** Learn how a spouse may be paid when the other keeps a business after an Arizona divorce, including cash, asset trades, secured notes, and sales. **Content:** High Net Worth Divorce | Article 4# How Does the Other Spouse Get Paid When One Spouse Keeps the Business After Divorce? Valuing the business is only half the problem. This guide explains the cash, asset-trade, installment, sale, and security options that can pay the spouse who is not keeping it. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) **4 Articles**Start with the first four guides **Arizona**State-specific family law guidance **Business**Ownership, operations, and valuation **Big Picture**Cost, time, conflict, and goals By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Almost every conversation about a business in a divorce starts in the same place. What is it worth? People hire experts, argue about multiples, fight over add-backs and discounts, and spend a great deal of money getting to a final number that is owed to the spouse who is not keeping the business. And then, having spent all of that, you are standing at another starting line. You are nowhere near finished. The number obviously matters a great deal. But it is only half the problem, and it is not the half that determines what your life looks like afterward. It is really not the answer that gives you the security you want. Once you know the value, someone still has to actually pay you. How is that done? Do you get the money up front in cash? Generally not, but if so, that is just fine. Usually how the payment is structured, in cash, in trade, or over time, is the part of the case that follows you for years. I have seen agreements where the payments run for two decades. That is not a footnote to the divorce. For the spouse receiving the money, this is the divorce. ## What Has to Be Decided About the Business? Before anyone hires a valuation expert, four questions need answers: 1. Who is keeping the business? 2. Who is going to run it going forward? 3. What is the community value of the business? 4. How does the other spouse get paid for their share? Valuation is only one step. Start with [how a business is valued in an Arizona divorce](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/), then plan how the buyout will actually be funded and secured. ## Why Mediation Can Matter in a Business Buyout As you read these options, you will soon understand that these are not decisions you want to hand to a judge. You will absolutely want to negotiate all of these details in mediation with your attorney. The parties go to a neutral third-party mediator with business experience to help everyone come to the right negotiated terms. Litigation can leave both spouses with less control over the details. Mediation lets the parties negotiate contingencies and draft terms around the needs of the business and both households. For example, a negotiated agreement can address life-insurance ownership, beneficiaries, premiums, proof of coverage, and lapse remedies in detail. Arizona courts may also use life insurance in appropriate cases to help secure an equitable property division, as discussed in [Hoobler v. Hoobler](https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2022/CV%2021-0331%20FC%20HOOBLER.pdf). ## What Are the Ways a Business Buyout Gets Paid in an Arizona Divorce? There are four basic structures that we see most often. Many agreements are a combination of them. There are certainly other ways and people can be creative. The end game is to get paid and to secure those payments so the spouse has security. **Can My Spouse Pay Me Cash for My Share of the Business?**Yes, if the money is there. The spouse keeping the business writes a check for the other spouse’s share and the matter is finished. Clean, final, and rare, because it requires the paying spouse to have that much liquid money sitting somewhere outside the business or to be able to borrow it. **Can I Trade the Business for Other Assets Instead?**Yes. If it is decided that one spouse takes the business, there might be other community assets that they will trade to make the total asset division equitable across the overall community estate. The business-owning spouse might trade for their community portion of the house, a rental property, a larger share of the retirement accounts, or the second home. The business owner keeps the business by giving up other community assets they were entitled to. This is often the best outcome available when the estate is large enough to support it, because it ends the financial relationship between the parties on the day the decree is signed. **Can I Be Paid Over Time With a Promissory Note?**Yes, and this is a common choice for many people because it makes the most sense when cash and trades are not really options. The business-owning spouse signs a promissory note and pays the balance out on a schedule, with interest, over a term of years. There are several issues to negotiate. What is the interest rate? How long will the payments stretch out? How does the receiving spouse get security for the payments, in other words collateral? There are other terms to consider, such as life insurance as security, what happens on a default, and what happens if the business owner files for bankruptcy. All of these issues need to be spelled out in great detail to protect the parties. This is also the structure that requires the most careful drafting, because the receiving spouse is now a creditor of their former spouse for the length of the term. **Can We Sell the Business and Divide the Proceeds?**Yes. If neither spouse can afford to buy the other out, or neither wants to run it alone, the business may be sold to a third party and the net proceeds divided equitably. This solves the funding problem, but it also means neither spouse keeps the company. An arm’s-length sale can provide strong evidence of market value, although taxes, transaction costs, debt, sale terms, valuation dates, and separate-property claims may still affect the amount each spouse receives. **Can I Stay in Business With My Spouse After the Divorce?**Sometimes. Divorcing spouses can agree to continue co-owning a company when licensing rules, governing documents, transfer restrictions, lender covenants, and their ability to work together permit it. The arrangement is most realistic when both spouses have a clear business reason to remain partners and can adopt workable governance, compensation, information, and exit terms. ## How Payment Terms Protect the Receiving Spouse This is where the outcome is actually determined. The structure you pick matters less than how carefully it is papered. There have to be details that protect you in contingencies. ## When Is a Cash Buyout Actually Paid? The agreement should say whether payment happens at signing, at entry of the decree, or on a date after that. Every day of delay is a day of risk, so if there is a gap between signing and payment, something needs to secure the obligation during that gap. Money can be held in escrow or in trust until the decree is entered. This is key. It is a detail that can go unnoticed because sometimes spouses just assume everybody cooperates after the decree is signed. We know better. We like to frame the settlement so that everything that can be done is done before the decree is signed. The agreement should also say where the money is coming from. If payment depends on financing that has not closed, it should address what happens if the loan falls through. Divorce counsel should coordinate with the business attorney and any needed tax or financial professionals so the client understands the final documents and protections. ## What Should I Know About Trading Assets Instead of Cash? The central problem with trading assets is that a dollar is not always a dollar. Pre-tax and post-tax assets are not necessarily equivalent. A traditional retirement account may carry future income tax, and appreciated stock may carry embedded gain. A.R.S. § 25-318 allows courts dividing property to consider debts and tax consequences related to property. Latent tax, carryover basis, and liquidity should be analyzed; whether a court adjusts value for future tax depends on the evidence and circumstances rather than an automatic face-value discount. Liquidity is not the same either. A rental property worth $800,000 and $800,000 in a brokerage account are not equivalent trades if you need to live on the money next year. Valuation dates drift. If the business was valued in March and you are trading the house against it in November, both numbers have moved. The agreement should say which date governs and whether either number gets adjusted. This is a negotiated point. ## What Terms Belong in the Promissory Note? Everything below is a term to negotiate and consider. These are the points to settle in your divorce agreement before the note is ever drafted, so that the business attorney writing it knows exactly what the deal is. This can all be negotiated and agreed to in your mediation. Principal and term. The amount owed and how long the payments run. Longer terms lower the monthly payment and raise the risk that something goes wrong before the end. Interest. A note with no interest can reduce the economic value of a deferred payout because money received years from now is worth less than money received today. The agreement should state the contractual rate in writing and address any applicable stated- or imputed-interest rules with tax counsel. A.R.S. § 44-1201 also supplies a default rate for certain written obligations that do not contract for a rate, but the parties should not rely on that fallback when they can write the rate into the note. The amortization schedule. Attach it as an exhibit to the agreement. Every payment, every date, principal and interest broken out, running balance. Not a formula, the actual schedule. This single document prevents more disputes than anything else in the file. Balloon payments. Some notes amortize on a long schedule but come due in full much earlier. If there is a balloon, the receiving spouse should understand that the paying spouse will have to refinance to make it, and refinancing is not guaranteed. Prepayment. Is the paying spouse allowed to pay it off early? Most receiving spouses want that. Say so explicitly, including that there is no penalty for paying early. ## What Secures the Payments If My Spouse Stops Paying? An unsecured promise to pay for twenty years is a promise, not an asset. If the paying spouse stops, the receiving spouse has a judgment and a collection problem. A.R.S. § 25-318 addresses this directly. Under subsection (E)(1), the court may impress a lien on the separate property of either party, or on marital property awarded to either party, to secure payment of any interest or equity the other party has in or to the property. Subsection (F) requires that the decree specifically describe by legal description any real property affected, and specifically describe any other property affected. That description requirement is not a formality. A lien on property that is not properly described is a problem you will not discover until the day you try to enforce it. This is much easier done in a mediation than a litigation. Possible protections include a properly recorded deed of trust, a pledge of ownership interests, a security interest in business assets, and a personal guaranty. A pledge may provide enforcement rights after default, subject to Arizona law, required notices, commercially reasonable remedies, lien priority, lender restrictions, and the company’s governing documents. Business and secured-transactions counsel should draft and perfect the chosen collateral. ## What Happens If the Paying Spouse Dies or Becomes Disabled? This is the term people can forget and it is critical. A twenty-year payout is a bet that the paying spouse survives and keeps earning for twenty years. One option is life insurance on the paying spouse in an amount tied to the declining balance, with the receiving spouse protected as beneficiary. Ownership of the policy can matter. The agreement can address who owns the policy, who pays premiums, how proof of coverage is provided, what happens if coverage lapses, and how beneficiary protections are maintained. Because A.R.S. § 14-2804 can revoke certain former-spouse beneficiary designations after divorce unless an exception applies, the decree, policy documents, and any marital-estate contract should be coordinated carefully. ## What Counts as a Default and What Can I Do About It? The agreement should define default. A missed payment, a late payment, a failure to maintain the required insurance, and a failure to provide financial information can all be defaults if you say so. It should also provide notice and a cure period, so that one missed payment does not detonate the whole agreement. It should say whether default accelerates the note, meaning the entire remaining balance becomes due at once. It should include an attorneys’ fees provision, so that enforcing the note does not cost more than the note is worth. And it should say where and how enforcement happens. ## How Am I Protected While the Note Is Being Paid? For as long as the payments run, the receiving spouse’s money depends on a business they no longer control. That deserves protection. Consider requiring notice of, or consent to, a sale of the business, with payoff from sale proceeds. Other possible protections include limits on new debt that would sit ahead of the note, extraordinary distributions, compensation changes, or asset transfers, plus a defined right to receive financial statements or tax returns. Divorce counsel should coordinate with any needed business, tax, or financial professionals so the receiving spouse understands the protections and their limits. ## Is a Buyout Payment Property Division or Spousal Maintenance? A business equalization payment is generally structured as property division, but characterization depends on the decree and payment terms. The agreement should be clear. A.R.S. § 25-318 requires specific findings when any part of a property division is in the nature of child support or spousal maintenance. ## What If We Decide to Sell the Business? A sale needs its own set of terms. Who selects the broker or investment banker, and who pays for it. Whether there is a minimum acceptable price, and what happens if no offer reaches it. Who runs the company during the sale process, and under what constraints. How transaction costs, taxes, and existing debt come off the top before the split. And a deadline, with a consequence if the sale does not happen by then. ## Which Payment Structure Is Right for My Divorce? The right structure depends on facts that have nothing to do with the valuation report. Can the business actually service the debt? A payout schedule the company cannot fund is not a settlement. It is a default with a date on it. How much risk can the receiving spouse carry? A person with other income and other assets can afford to wait. A person who needs this money to live cannot. Do you want to be finished instead of getting a payout? There is real value in a clean break and it is often worth accepting a smaller number to get one. Twenty years of payments is twenty years of a relationship with your former spouse. Is there enough estate to trade with? If the business represents most of the community estate, an asset-only offset may be impractical. A promissory note, outside financing, a hybrid structure, or a sale may need to be considered. ## What Should I Ask Before I Sign a Business Buyout Agreement? If your agreement includes payments over time, you should be able to answer every one of these: - What secures this obligation, and is it properly described and recorded? - What happens if the paying spouse dies in year six? - Is there life insurance, who owns it, and how do I confirm it is still in force? - What is a default and what can I do about it? - Can the business be sold out from under this note? - What documents am I entitled to see, if any, and how often? - Is the interest rate stated, and what is the real present value of what I am accepting? - Has my tax advisor reviewed this? ## Business buyout questions ### How can a spouse be paid for a business buyout in an Arizona divorce? Common structures include a cash payment, an offset using other community assets, a secured promissory note, a third-party sale, or a carefully drafted combination of these options. ### Can a business buyout be paid over time with a promissory note? Yes. The note should state the principal, interest rate, payment schedule, maturity date, prepayment rights, default terms, and the collateral or insurance that secures the obligation. ### Can other marital assets be traded for the business interest? Yes, when the estate has enough suitable assets. Taxes, basis, liquidity, valuation dates, and future cash needs should be compared instead of assuming every dollar has the same economic value. ### What can secure the payments if the paying spouse defaults? Depending on the facts, negotiated protections may include a lien, deed of trust, pledged ownership interest, security interest, guaranty, insurance, reporting rights, and payoff terms for a later sale. ### What happens if the paying spouse dies or becomes disabled? The agreement can address insurance, policy ownership, beneficiary protections, proof of coverage, disability, acceleration, and other remedies so the remaining balance is not left unsecured. ### Is a business buyout payment property division or spousal maintenance? A business equalization payment is generally structured as property division, but the decree and payment terms control. Arizona law requires specific findings when a property division is in the nature of support. ## Related high net worth divorce resources Return to the [High Net Worth Divorce Resource Hub](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/), read [how to keep a business running during divorce](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-do-i-keep-running-my-business-during-a-divorce/), or explore the resources below. [High Net Worth Divorce**Complex & High Net Worth Divorce**](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/)[Business Owners**Divorce for Business Owners in Arizona**](https://www.bestlawaz.com/divorce-for-business-owners-in-arizona/)[Business Valuation**How a Business Is Valued in an Arizona Divorce**](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/)[Property Division**Arizona Property Division**](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/)[Mediation**High Net Worth Divorce Mediation**](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/)[Costs & Fees**Family Law Legal Fees Programs**](https://www.bestlawaz.com/family-law-legal-fees-programs/) ## On this page [What Has to Be Decided About the Business?](#what-has-to-be-decided-about-the-business)[Why mediation can matter](#why-mediation-can-matter)[Ways a business buyout can be paid](#what-are-the-ways-a-business-buyout-gets-paid-in-an-arizona-divorce)[Payment terms and safeguards](#how-payment-terms-protect-the-receiving-spouse)[Which Payment Structure Is Right for My Divorce?](#which-payment-structure-is-right-for-my-divorce)[Before you sign](#what-should-i-ask-before-i-sign-a-business-buyout-agreement)[Questions and answers](#business-buyout-questions)[Related resources](#related-resources) ## Need help? Talk with Tali about the property, business, support, process, and settlement decisions that may shape your Arizona divorce. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case You do not need to have every document or decision figured out before you call. Start with your story, your priorities, and the questions that matter most. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, property, support, business, and mediation matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal, tax, financial, insurance, business, or secured-transactions advice. Reading it does not create an attorney-client relationship. Payment and security terms should be reviewed by the professionals appropriate to the transaction. --- ### [Talk To Tali](https://www.bestlawaz.com/talk-to-tali/) **Published:** May 22, 2026 **Author:** Cindy Best **Content:** # Talk To Tali By the hour. No retainer. From someone who has actually been through it. You don’t need a full retainer to get real legal guidance. A $100 consultation gets you up to one hour with me. I’ll listen to your story, answer your questions, and build a Game Plan for what comes next. Once you have help, I know you’ll feel calmer and more in control of what’s ahead. Schedule Your Consultation ## Hi. I’m Tali. I’m the Managing Partner of Best Law Firm and the person every new client talks to first. I’ve been practicing family law in Arizona for nearly twenty years. I’ve tried cases, served as a mediator, represented clients in mediation, argued in front of judges, and coached people through some of the hardest moments of their lives. I also created the firm’s divorce coaching model because I believe everyone going through a divorce deserves real legal guidance, not just the people who can afford a full retainer on day one. Before rejoining Best Law Firm, I spent nearly seven years as a litigator and national attorney trainer at a father’s rights firm. I’ve testified in a Canadian court, helped reunite an Italian mother with her son after he was wrongfully taken from her, and served as a Judge Pro Tem in Maricopa County Superior Court. I co-wrote The Divorce Coach Handbook with my mother and founding partner Cynthia L. Best. It’s in its 2026 edition. You can download chapters free at bestlawaz.com/resources. A little about how I got here: I went to Loyola University Chicago for undergrad, where I played Division I golf. From there I went to law school in North Dakota, because apparently I needed at least one winter that made me question every life decision I’d ever made. I moved to Scottsdale in 1991 and never looked back. These days, when I’m not at the office, I’m a busy working mom with two young sons who are with me almost all the time. If you’re a working parent trying to figure out how to manage a divorce on top of everything else you’re already managing, trust me: I get it. Deeply. Personally. I am you. Schedule Your Consultation  ## I know what you’re going through. My own divorce looked a lot like what many of my clients are living through right now. An uncooperative spouse. Opposing counsel who treated the process like a weapon. A high-conflict dynamic that didn’t respond to reason or reasonableness, no matter how many times I tried. I appeared before judges who had wildly varying levels of understanding about what was happening in my case. One of them told me directly that things had been child-focused. I know what it feels like to sit across from someone who holds enormous power over your children’s future and to walk out wondering whether the system you trusted is actually going to protect them. At the end, I was awarded sole legal decision-making and primary physical custody of my sons. I came out with my career, my sense of purpose, and a very clear understanding of what this process actually costs the people who go through it. ## Two different ways I can help When I’m your divorce coach, I’m on your side. I’m advocating for you, working with you toward a strategy and a settlement that reflects what you actually want. ### The $100 Legal Consultation Up to one hour. A complete Game Plan. Flat fee. This is where everyone starts. In up to one hour, I listen to your situation, figure out what you’re actually dealing with, explain what Arizona law says about your specific circumstances, and give you a Game Plan: a clear road map of what comes next, what your realistic options are, and what decisions need to be made. **Flat fee:** $100 for up to one hour. → ### Personal Divorce Coaching $450 per hour. One hour minimum. No retainer. Coaching gives you access to my experience by the hour, on your schedule, around your specific questions. You bring your documents, your upcoming court date, your settlement offer, your questions. I help you understand it, prepare for it, and make decisions you actually feel confident about. **Rate:** $450 per hour. One hour minimum. → ### Mediation $350 to $450 per hour. Three hour minimum. Most people who file for divorce in Maricopa County do not have attorneys. If you and your spouse want to resolve things without litigation, mediation is where that happens. Every mediation session that resolves issues ends with written, signed documents. **Flat fee:** $350 to $450 per hour. Three-hour minimum. Typically split equally. ## Ask Tali a Question! 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Preparation before filing can clarify goals, protect access to information, and help you understand the legal changes that begin when an Arizona divorce is filed. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) **3 Articles**Start with the first three guides **Arizona**State-specific family law guidance **Business**Ownership, operations, and valuation **Big Picture**Cost, time, conflict, and goals By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Before you file for divorce, you have time, privacy, and no deadlines. Most people spend it deciding whether to go forward with the divorce and wondering what the world will look like for them when it is over. It is also the point when preparation is worth more than it will ever be worth again. Why? Because after a petition is filed the rules change, the pace changes, and information that was sitting in a drawer becomes something that has to be requested formally or produced formally. This article is about what to understand and what to gather while you still have that time. ## Know what you actually want Before any of the practical questions, there is a harder one. What do you want your life to look like when this is over? If there is a house, does one of you want to keep it, and can that person afford it alone? If there is a business, who is going to run it, and where does the money come from to pay the other spouse for their share? If one of you has been out of the workforce, what does that person need in order to be able to live comfortably? Is someone entitled to spousal maintenance? If there are children, do you know each other’s income to determine child support? These are the questions that determine how the whole matter is handled and the answers differ enormously from one family to the next. There is no cookie-cutter version of this. Two couples with nearly identical balance sheets can desire different outcomes. We believe this is why the first conversation matters more than any form or checklist. It is the conversation in which someone listens to what you are actually trying to accomplish. What is your end game and what is the big picture? Sometimes the details get everyone lost looking for the finish line. It is also worth knowing that the answer to “what do I want” could affect what the process costs. A matter where both people know what they want and largely agree can be resolved without extensive discovery or litigation. A matter where the goals genuinely conflict, or where one person will not deal straightforwardly, requires more. Neither is a failure. They are different situations, and they should not be handled the same way. You will know very early on if your spouse wants to cooperate or wants to obfuscate. That is where the money difference comes, and that decision tells you whether this is going to be an amicable process or an adversarial one. You can have differences of opinion and still be amicable. But adversarial spouses hide assets, refuse to disclose the required assets, and just make everything difficult. ## Know your family finances In most marriages one person handles the money. That arrangement works right up until it does not. We tell clients that they often know more about their finances during the divorce than they did in twenty years of marriage. We do not say that as a criticism. It is simply the common situation, and the person who was not handling the money has some catching up to do. The remedy is straightforward, and none of it requires anyone’s permission. - Know the family passwords, and know your own bank passwords. - Know what your investments are, who manages them, and how to reach that person. - Know who your accountant is, and know what is going on with your returns. - Read your taxes before signing. Do not sign if you do not understand. - Meet with the CPA and ask questions. - Collect the mail, and pay attention to what arrives. Account statements, tax notices, and correspondence from institutions you did not know existed all tell you something. - Know what insurance the family carries. Health, dental, automobile, disability, life, umbrella. Know the carrier for each, who the policy is through, and which account the premiums come out of. This matters more than people expect, for reasons the next section explains. - Know who the named beneficiaries are on the life insurance and on the retirement accounts. - Know what the employed spouse has beyond salary. Retirement accounts, stock, restricted stock, options, deferred compensation, bonus plans. In a high net worth marriage this is frequently the largest category and the one nobody looked at. - Do you have a prenuptial agreement? Where is it? - Do you have a postnuptial agreement or a separation agreement? - Where is the house deed? - Who holds the mortgage? - Titles to vehicles? Are they financed? - Do you have a family trust? - Is there a safe deposit box, and who has access to it? Consider learning about your finances before you file for divorce. Every item on that list is information about your own household, and gathering it now is ordinary prudence rather than anything adversarial. If a company is part of the marital estate, review [how a business is valued in an Arizona divorce](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/) before deciding whether an expert report is necessary. ## What changes after I file for divorce? Filing is not only a legal step. It starts a court order that binds the filer immediately and the other spouse upon service or actual notice, and that order changes what each of you may do with your money and with your insurance. ## The preliminary injunction When a dissolution is filed in Arizona, the clerk of the court issues a preliminary injunction directed at both spouses. It is not something either of you has to request and it is not discretionary. It has the same force and effect as any other order signed by a judge. It takes effect against the person who files at the moment of filing. It takes effect against the other spouse when they are served or when they have actual notice of it, whichever comes first. It remains in effect until the decree is entered or the case is dismissed. It contains four restrictions, and both spouses are bound by all four. **Property.**Neither spouse may transfer, encumber, conceal, sell or otherwise dispose of joint, common or community property. There are three exceptions written into the order: transactions related to the usual course of business, the necessities of life, and court fees and reasonable attorney fees associated with the case. Anything outside those exceptions requires the written consent of the other spouse or permission of the court. **Insurance.**Neither spouse may remove the other spouse or the minor children from any existing insurance coverage. The order names the categories: medical, hospital, dental, automobile and disability insurance. It also states affirmatively that both parties shall maintain all insurance coverage in full force and effect. **Conduct.**Neither spouse may molest, harass, disturb the peace of, or commit an assault or battery on the other spouse or any natural or adopted child of the parties. **Children.**Neither spouse may remove a natural or adopted minor child of the parties who is then living in Arizona from the state without the written consent of the other spouse or permission of the court. That second sentence is the one people trip over, because it is not only a prohibition on canceling something. It is an obligation to keep it in place. If your spouse is on your employer health plan, they stay on it. If the car insurance has always been paid out of the account you control, it still has to be paid. A policy that lapses because nobody attended to the premium is a problem in the same way a policy that was deliberately canceled is a problem. This is also why the insurance items on the list above are worth knowing before you file rather than after. You cannot maintain coverage you did not know existed, and you cannot pay a premium out of an account you have never seen. Because it is a court order, it can be enforced like one. A violation can be treated as contempt of court. The order itself warns that a person who disobeys it may also be arrested and prosecuted for interfering with judicial proceedings. Either spouse may file a certified copy of the order with local law enforcement. Understanding this before you file matters for a practical reason. People often assume there is a window between deciding to divorce and being subject to any restrictions, and that they should use that window to move money. For the person who files, that window does not exist. The order lands on the person who files first, at the moment of filing, before the other spouse knows anything about it. ## The date of service Something else changes at filing as well. Under Arizona law, property acquired by either spouse after a petition is served is that spouse’s separate property, provided the petition results in a decree. But service does not change the character of property that was already community, and it does not change the status of new property acquired with community funds. The date of service is a meaningful line, and we often call it the Kodak moment for those who know what that means. It is a photograph of your finances, frozen in time, and many decisions, discussions, and orders are made from whatever that photograph looks like on that given day. ## What you do not need to have figured out Everything above describes preparation. None of it is a prerequisite to picking up the phone. People sometimes delay talking to an attorney because they feel they should arrive organized, with the documents assembled and the questions formed. That is backwards. The conversation is how you find out which documents matter and which questions are the real ones, and a client who has not yet read the tax returns is in the ordinary position, not a disadvantaged one. Tali Best Collins handles every new client consultation personally. Clients do not need to have it all figured out before they call. We just need their story. That is where we start. ## Before filing questions ### What should I do before filing for divorce? Clarify the outcome you want, learn the family finances, gather key records, and understand the court order that begins when a petition is filed. ### What financial information should I gather before filing? Identify bank and investment accounts, tax returns, insurance, compensation, property documents, trusts, agreements, debts, and business records that describe the household finances. ### What is Arizona's preliminary injunction in a divorce? It is a court order issued when the case is filed that restricts property transfers, requires insurance to remain in place, regulates conduct, and limits taking children out of Arizona. ### When does the preliminary injunction take effect? It binds the filing spouse immediately and the other spouse upon service or actual notice, whichever occurs first. ## Related high net worth divorce resources [High Net Worth Divorce**Complex & High Net Worth Divorce**](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/)[Business Owners**Divorce for Business Owners in Arizona**](https://www.bestlawaz.com/divorce-for-business-owners-in-arizona/)[Business Valuation**How a Business Is Valued in an Arizona Divorce**](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/)[Property Division**Arizona Property Division**](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/)[Mediation**High Net Worth Divorce Mediation**](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/)[Costs & Fees**Family Law Legal Fees Programs**](https://www.bestlawaz.com/family-law-legal-fees-programs/) ## On this page [Know what you actually want](#know-what-you-actually-want)[Know your family finances](#know-your-family-finances)[What changes after I file for divorce?](#what-changes-after-i-file-for-divorce)[The preliminary injunction](#the-preliminary-injunction)[The date of service](#the-date-of-service)[What you do not need to have figured out](#what-you-do-not-need-to-have-figured-out)[Questions and answers](#before-filing-questions)[Related resources](#related-resources) ## Need help? Talk with Tali about the property, business, support, process, and settlement decisions that may shape your Arizona divorce. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case You do not need to have every document or decision figured out before you call. Start with your story, your priorities, and the questions that matter most. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, property, support, business, and mediation matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. --- ### [How Do I Keep Running My Business During a Divorce?](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-do-i-keep-running-my-business-during-a-divorce/) **Published:** August 13, 2026 **Author:** Tali Collins **Excerpt:** You can keep running a business during divorce, but ordinary operations, major transactions, valuation, income, and records may be examined. **Content:** High Net Worth Divorce | Article 3# How Do I Keep Running My Business During a Divorce? A business can usually keep operating during divorce, but ownership, ordinary-course transactions, valuation, income, records, and major decisions may all be examined. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) **3 Articles**Start with the first three guides **Arizona**State-specific family law guidance **Business**Ownership, operations, and valuation **Big Picture**Cost, time, conflict, and goals By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 In general, the same way you have been. The business does not stop because a petition was filed and payroll still runs on Friday. The vendor expects payment and the customer expects delivery and nobody at the company is waiting for a court to decide anything. What changes is that some of the decisions you make while running the business will be reviewed during the divorce litigation and a few transactions may require your spouse’s signature when it was not required before filing. ## First, Who Owns the Business? Before anything else, the business has to be characterized as either community property or sole and separate property. That answer affects everything that follows. Arizona law reads: A.R.S. § 25-211(A). “All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 1. Acquired by gift, devise or descent. 2. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment.” A.R.S. § 25-213(A). “A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse.” Four situations come up most often for businesses. **1. You started the business during the marriage.**It is community property. It does not matter whose name is on the formation documents, who signed the operating agreement, or who did the work. Property acquired during the marriage is presumed community property. **2. You owned the business before the marriage and worked in it during the marriage.**This is the situation that surprises people. The business itself remains sole and separate property and so do its increase, rents, issues and profits under the statute. But your labor during the marriage belonged to the community and Arizona law does not allow one spouse to convert community effort into sole and separate value without accounting for it. In the Arizona case of Cockrill v. Cockrill, the Supreme Court held that profits resulting from a combination of sole and separate property and community labor must be apportioned between the two. The increase during the marriage is presumed to be community, and that amount is what the other spouse is owed in the settlement. If one spouse claims the business is sole and separate property, that spouse carries the burden of proving the increase resulted from the inherent nature of the property rather than from community effort. The community’s share becomes a dollar figure during the divorce. Cockrill sets out more than one accounting approach for arriving at it and the court selects among them based on the facts of the particular business. The first approach is to determine the reasonable value of the community’s services during the marriage and allocate that amount to the community which is then divided in half to pay the “lien” to the other spouse. The balance of the increase is then treated as sole and separate property attributable to the inherent nature of the business itself. This method fits a company whose growth came mostly from capital, from market forces, or from the nature of the asset rather than from the spouse’s daily work. The second approach is to allocate to the sole and separate property a reasonable rate of return on the original capital investment. Any increase above that amount is community property. This method fits a company whose growth came mostly from the owner’s own effort during the marriage. Cockrill is explicit that different circumstances require different methods and that the trial court is not bound by any one of them. The governing question is which approach achieves substantial justice between these two people. That is why apportionment is argued rather than simply calculated and why the expert’s choice of method often matters more than the arithmetic that follows it. Spouses generally retain an expert to help with this argument and calculation. The practical consequence is that a business can remain sole and separate property while the other spouse is still entitled to be paid for the community’s share of the increase. What is usually in dispute is not whether the community has a claim but how it is calculated and what it comes to. **3. You inherited the business or received it as a gift.**Property acquired by gift, devise or descent is sole and separate property whether it was received before the marriage or during it. The same apportionment question then follows. If you operated the inherited or gifted company for fifteen years during the marriage, the community contributed labor to it, and Cockrill applies to that increase just as it does to a business owned before the wedding. **4. You have a premarital agreement that governs the business.**Then the agreement governs as long as it is enforceable. Arizona law permits parties to contract about the rights and obligations in any property. A premarital agreement must be in writing and signed by both parties and it is enforceable without consideration. An agreement is not enforceable if the person opposing it proves either of two things. The statute enumerates them separately, and the second has three parts that must all be present. That the person did not execute the agreement voluntarily; or That the agreement was unconscionable when it was executed and, before execution, that person: was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; did not voluntarily and expressly waive, in writing, any right to that disclosure beyond what was provided; and did not have, and could not reasonably have had, adequate knowledge of the property or financial obligations of the other party. Unconscionability is decided by the court as a matter of law. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. ## How Does the Preliminary Injunction Affect the Business? When a dissolution is filed in Arizona, the court issues a preliminary injunction directed at both spouses. It prohibits transferring, encumbering, concealing, selling or otherwise disposing of community property. It also contains an exception for transactions in the “usual course of business.” That exception allows a company to keep operating. Ordinary operations continue, including paying vendors, meeting payroll, buying inventory, renewing a service contract, collecting receivables and replacing equipment that broke. None of that is what the injunction is aimed at. The difficulty is that usual course of business is not defined by a list. It is measured against how the company actually operated before the filing, so a distribution you have taken every quarter for nine years looks different from the same distribution taken for the first time three weeks after service. Business owners should consider keeping the status quo unless there are business reasons to operate otherwise. ## What Actions Might Now Require the Signature of My Spouse? Arizona law generally gives each spouse equal management and control of community property and equal power to bind the community. Either of you could sign for the community. That changes when the petition is served. A.R.S. § 25-214(C). Joinder of both spouses is required to bind the community, irrespective of any person’s intent with respect to that binder, after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. In plain terms, once your spouse has been served you can no longer obligate the community on your own. If the company borrows money, signs a personal guaranty, takes a long-term lease or enters a contract that puts community assets behind it, your spouse may need to sign as well. Without that signature the transaction may not bind the community, which is a problem for the lender as much as for you. That is why lenders often want both signatures once they learn a divorce is pending. If the company is expanding, borrowing or signing anything long term while the matter is pending, you may need legal advice. ## When Can I Conduct a Business Valuation? The first question is whether a valuation is needed at all. Not every business requires a formal valuation, and a report is expensive. A valuation earns its cost when the number will actually change something. It is worth having when the business is the largest asset and one spouse is buying the other out, when the parties disagree about value and the gap is wide enough to matter, when income from the business drives a support analysis, or when a sole and separate property claim needs apportionment. It is often not the right spend when both spouses already agree on a number they can live with, when the business produces just enough income for the one person doing all the work and has little value apart from that person, when the company is being sold and the market will set the price, or when the cost of the report is out of proportion to the amount in dispute. There is a middle option that people forget. A calculation of value or a limited-scope engagement costs less than a full opinion and is often enough to inform a settlement, although it carries less weight if the matter is tried. The timing follows the decisions rather than the other way around, so there is no single right moment. Before a valuation is commissioned, the three questions below should already have answers: who wants to keep the business, who is going to run it, and where the money comes from to pay the other spouse for a share. A valuation ordered before those are answered is often money spent on a question that turns out not to matter. The documents should also be gathered first. An expert working from incomplete records produces a report that is easy to attack, and the rebuttal is frequently factual rather than theoretical. It can be as simple as the wrong number of employees or the wrong tax years, which are inexpensive errors to prevent and expensive ones to correct. For a focused explanation of methods, experts, and buyout issues, read [how a business is valued in an Arizona divorce](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/). ## What Is the Valuation Date? There is no fixed valuation date in Arizona, and this is one of the most commonly misunderstood points in a business divorce. The date of service ends the marital community and it is a natural starting point. But in Meister v. Meister the Arizona Court of Appeals held that no Arizona authority mandates or even suggests that a community asset must be valued at or near the date of service. The superior court has wide discretion to choose a business’s valuation date so long as the ultimate valuation is equitable. The court may use the date of service or a date near it as a starting point, but it must select a different date when necessary to ensure an equitable result. Meister itself shows why this matters. The company lost its largest customer, the source of roughly ninety percent of its revenue, within a month of the valuation date the trial court adopted, along with a receivable approaching one million dollars. One expert valued the company at more than two and a half million dollars using a date near service. The other valued it at slightly over one million using a date nine months later, after the consequences of losing that client were apparent. The Court of Appeals vacated the valuation because the trial court had not explained how its chosen date produced an equitable result. The court also addressed foreseeability, which is the argument valuation experts most often have with each other about dates. Whether an event was known or knowable on a given date may be a relevant factor, but it cannot control the choice of valuation date, because the governing question is whether the date produces an equitable result. The practical lesson is that the valuation date is an argument rather than a date certain. ## Will My Business Decisions Be Examined After the Divorce Is Filed? The value of the business is being determined while you continue to operate it, which means the operating decisions and the valuation are not separate things. The following draw attention. - Changing your own compensation. Raising it or lowering it both draw suspicion and questions. - Starting, stopping or resizing distributions to owners. - Delaying a contract, a closing or a collection until after the decree. - Accelerating expenses or prepaying obligations. - Putting family members on payroll. - Large purchases that are defensible in isolation and unusual in timing. Arizona law allows a court to consider excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community property when it divides property. The same conduct is one of the factors the court weighs in a spousal maintenance analysis, and the same records that reveal that conduct also produce the income figure used for support. One decision can be looked at more than once. This is not a theoretical concern. In Meister the trial court found that the husband had unilaterally taken large cash distributions, increased his salary, closed bank accounts, canceled his wife’s company credit card, blocked her access to financial accounts, and sold more than a million dollars in company equipment without her consent and in violation of court orders. The spouse alleging waste carries the burden of a prima facie showing. Once that showing is made the burden shifts to the spending spouse to rebut it, because the evidence about the spending is generally in that spouse’s own hands. When waste reduces the value of a community business a court may take it into account in selecting the valuation date and the actual value. ## What About My Business Partners? A business has partners, co-owners, lenders, key employees and customers. None of them are parties to the divorce and all of them can be affected by it. - Does the operating agreement or buy-sell agreement say anything about divorce? Many do. Some require notice. Some restrict transfers of an interest. - Do the loan documents have covenants triggered by a change in ownership? - Does a co-owner need to know, and when? These documents should be located and read early. They frequently constrain what any settlement can look like, which means finding them late can undo work already done. ## Will the Business Books Be Examined? Yes, and not only where child support is involved. In any divorce involving a closely held business the books are examined, through the disclosure each spouse owes the other, through discovery, and through whatever expert is engaged to value the company. That examination is how the community share of a business gets determined in the first place. Personal expenses run through a business are common and entirely visible to anyone who looks. The car, the phone, the travel and the family member on the payroll all surface. These are not necessarily improper, but they are going to be found, and they affect both the value of the business and the income figure used for support. There is also a specific statutory tool that exists in cases involving children. Where child support is at issue and at least one parent is self-employed, Arizona law allows the court, on the request of either parent or on its own motion, to order both parents to meet with a federally authorized tax practitioner before it enters a child support order. That person reviews the accuracy of the self-employed parent’s records and submits a written report to the court. Each parent may propose names. If the parents cannot agree, the court chooses from the names submitted, and the court decides who pays the cost. In a case with no children that particular tool is not available, but the books are examined anyway for the reasons above. ## Decide the End Game Early. In Other Words, Who Wants What? The most expensive mistake is doing the work in the wrong order. Before anyone retains an expert, three questions should be answered. 1. Who wants to keep the business? 2. Who is going to run it? 3. Where does the money come from to pay the other spouse for their equitable share? The answers set the scope of every other decision. Some businesses produce just enough income for the one person doing all the work, and a full valuation may not be the right spend, while others are large enough that the cost is proportionate and the answer changes the outcome. The questions are worth asking before retaining experts. ## Can the Division of Property or the Value of a Business Be Modified in the Future? Generally, no. Spousal maintenance and child support can be modified after a decree on a showing of changed circumstances that are substantial and continuing, but the division of property cannot. Arizona law provides that the provisions of a decree as to property disposition may not be revoked or modified unless the court finds the existence of conditions that justify reopening a judgment. Once the decree is entered, or a written settlement agreement is signed and approved, the property division is final. The exception is dishonesty, and it takes two different forms that people tend to confuse. The first is setting aside the decree. The family law rules allow a court to relieve a party from a final judgment for reasons that include newly discovered evidence that could not have been found earlier with reasonable diligence, and fraud, misrepresentation or other misconduct by the opposing party. The deadlines are short and they differ depending on which ground applies, so if you believe something was hidden, ask about it promptly rather than after you have gathered every last document. The second involves community property for which no provision is made in the decree. That property is held by the former spouses as tenants in common from the date of the decree, each owning an undivided one-half interest. An asset that was concealed and therefore never divided was never decided at all, so there may be nothing to reopen, because the property may still belong to both of you and can be divided in a later action. That is the practical reason disclosure matters so much in a business case. The spouse who discloses fully gets finality. The spouse who does not may find that the account or the deferred compensation or the entity nobody put in the decree is still half someone else’s years later. ## Where to Start Locate the business operating agreement, the buy-sell, the loan documents and the last three years of business tax returns. Consider doing that before filing while nobody is waiting on you. Find the agreements between the two of you as well, including a premarital agreement, anything signed during the marriage, and a separation agreement. These matter more than people expect because a valid agreement can answer the ownership question before anyone spends money on a valuation and because the answer it gives may not be the one either spouse remembers. Bring these documents to the first meeting with your attorney. Whether an agreement is enforceable is its own question and it is one of the first things worth knowing. If you cannot find your copy the lawyer who drafted it may still have one. Tali Best Collins handles every new client consultation personally. Clients do not need to have it all figured out before they call. You just need your story. That is where we start. ## Business and divorce questions ### Can I keep running my business during a divorce? Generally, yes. Normal operations can continue, but unusual transactions, compensation changes, distributions, borrowing, and major contracts may receive added scrutiny. ### How does Arizona's preliminary injunction affect a business? The injunction restricts transfers and dispositions of community property but includes an exception for transactions in the usual course of business. ### When is a formal business valuation worth the cost? It is most useful when value will change the outcome, such as a buyout, a significant valuation disagreement, support analysis, or apportionment of a separate-property business. ### What valuation date applies to an Arizona business? Arizona does not impose one fixed date. A court has discretion to select a date that produces an equitable result based on the facts. ### Can business property division be modified later? Generally no. Property disposition is final unless grounds exist to reopen the judgment, while undisposed community property may remain jointly owned after the decree. ## Related high net worth divorce resources [High Net Worth Divorce**Complex & High Net Worth Divorce**](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/)[Business Owners**Divorce for Business Owners in Arizona**](https://www.bestlawaz.com/divorce-for-business-owners-in-arizona/)[Business Valuation**How a Business Is Valued in an Arizona Divorce**](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/)[Property Division**Arizona Property Division**](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/)[Mediation**High Net Worth Divorce Mediation**](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/)[Costs & Fees**Family Law Legal Fees Programs**](https://www.bestlawaz.com/family-law-legal-fees-programs/) ## On this page [First, Who Owns the Business?](#first-who-owns-the-business)[How Does the Preliminary Injunction Affect the Business?](#how-does-the-preliminary-injunction-affect-the-business)[What Actions Might Now Require the Signature of My Spouse?](#what-actions-might-now-require-the-signature-of-my-spouse)[When Can I Conduct a Business Valuation?](#when-can-i-conduct-a-business-valuation)[What Is the Valuation Date?](#what-is-the-valuation-date)[Will My Business Decisions Be Examined After the Divorce Is Filed?](#will-my-business-decisions-be-examined-after-the-divorce-is-filed)[What About My Business Partners?](#what-about-my-business-partners)[Will the Business Books Be Examined?](#will-the-business-books-be-examined)[Decide the End Game Early. In Other Words, Who Wants What?](#decide-the-end-game-early-in-other-words-who-wants-what)[Can the Division of Property or the Value of a Business Be Modified in the Future?](#can-the-division-of-property-or-the-value-of-a-business-be-modified-in-the-future)[Where to Start](#where-to-start)[Questions and answers](#business-divorce-questions)[Related resources](#related-resources) ## Need help? Talk with Tali about the property, business, support, process, and settlement decisions that may shape your Arizona divorce. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case You do not need to have every document or decision figured out before you call. Start with your story, your priorities, and the questions that matter most. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, property, support, business, and mediation matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. Nothing in this article creates an attorney-client relationship. Always consult a tax professional or CPA for appropriate advice. --- ### [How to Survive Your Divorce: The Seven Roads](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/how-to-survive-my-divorce/) **Published:** August 13, 2026 **Author:** Tali Collins **Excerpt:** Compare seven common divorce paths and learn how cooperation, conflict, disclosure, and process choices can shape cost, time, and stress. **Content:** High Net Worth Divorce | Article 1# How to Survive Your Divorce: The Seven Roads The road you choose can determine the cost, time, conflict, and anxiety of a high net worth divorce. These are seven paths Arizona families commonly travel. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) **3 Articles**Start with the first three guides **Arizona**State-specific family law guidance **Business**Ownership, operations, and valuation **Big Picture**Cost, time, conflict, and goals By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 If you have significant assets you can afford to fight about them for as long as you want. That is worth saying out loud at the beginning, because it is the single most expensive fact about a high net worth divorce. Nobody stops you and the case does not run out of money and end on its own. It ends when both spouses decide it should end. So how to survive your divorce depends on the road you are going to take because the road determines the cost, the time and the anxiety. The road is set almost entirely by the decisions of the two people in the marriage and the road you take determines how much you spend and how stressful it becomes. Do not let your attorney make this decision for you. And it is not made by the disagreements or by the size of the estate. It is made by whether each spouse shows up willing to get it done and whether they have hired the right attorneys to help them get there. Below are seven roads you might travel. These are the roads we see most often. You will probably find yourself in one of them and now you will know what to expect. Keep some things clear as you travel. What is the end game? What is the big picture? ## First, Arizona Divorce Law Facts Arizona is a no fault state. Before granting a divorce, the court has to find that the marriage is irretrievably broken, meaning there is no reasonable prospect of reconciliation. If both spouses say so under oath, or one says so and the other does not deny it, the court makes the finding that it is broken. Your spouse does not have to agree that the marriage is over for it to be over. That surprises people who want the court to hear why the marriage failed. The reason for the divorce is not the court’s concern. Some financial misconduct can still matter to money, though, and this is an important distinction. In dividing property, the court is not prevented from considering excessive or abnormal expenditures, gambling, marital waste, or the destruction, concealment, or fraudulent disposition of community property. Both spouses also have disclosure obligations regardless of which road they take. Disclosure is not something you agree to as a courtesy in a cooperative divorce and skip in a hostile one. It is required in every family law case, the initial exchange is due within forty days after the response to the petition is filed, and it is an ongoing duty during the litigation as new information surfaces. And the choices available to you are real ones. Arizona’s family law rules contemplate several ways to resolve a case short of trial: family law arbitration, private mediation, and a settlement conference, along with the court’s conciliation services. In arbitration, the parties can retain one arbitrator who acts like a judge, outside the courtroom and that one person decides all issues that the parties cannot agree on. The arbitrator hears all the evidence and makes the decisions in writing. This is not as common as mediation, where a neutral third person is retained by the parties, usually through their attorneys. The mediator then goes back and forth helping the parties resolve issues until all matters are decided. It could take a day or two to decide all issues and is done once all disclosures are made. This is done in a comfortable office where you can bring your coffee, roll up your sleeves and work on the issues. Most divorce cases should never see a courtroom. Here are the roads that people travel when they argue about the assets. Many families also have children but this article deals just with the financial part of the divorce. Children add a whole other layer to the process. Some roads you are on willingly and some you are on because of the actions of your spouse, where you have no choice at all. The best road is the one where you both agree to work this out usually with the help of attorneys and a mediator. ## Road 1. One spouse is helpful. The other is angry and vindictive. Road 1 This is expensive and it is agonizingly slow. One spouse produces documents, answers questions and tries to move the case, while the other treats every request as an attack and every concession as a loss. Cooperation on one side gets read as weakness by the other which means the helpful spouse’s good behavior does not speed anything up. It just makes the record cleaner. What you control here is narrow but it matters. Do not match the anger but document instead of arguing. The anger will produce its own record. That record does not help. Arizona courts can consider the reasonableness of the positions each party has taken throughout the proceedings when it decides whether to award attorney fees. ## Road 2. One spouse is helpful. The other cheats with the money. Road 2 This road is about a spouse who is not honest about what exists. Income that does not appear, accounts you were never told about, a bonus deferred until after the decree, personal expenses running through a business, money parked with a sibling or a parent or a friend until the case is over. The cost looks a lot like Road 1, but for a different reason. Nobody is fighting about feelings here. You are paying for the work it takes to go find things, which means subpoenas, records, sometimes a forensic accountant, and the hours it takes to reconcile what the statements say against what the lifestyle showed. That work is worth doing when the pattern is real, because concealment and the fraudulent disposition of community property are things the court can consider when it divides the estate. The hard conversation on this road is to know whether what you find is worth the cost of finding it. Sometimes yes, sometimes no. Some digging pays for itself several times over and some digging costs more than what it finds. ## Road 3. One spouse is helpful but insecure about the future. The other is helpful and wants to be done. Road 3 This one goes smoothly as long as everyone understands that fear can wreck everything. When we have a case like this, on either side, we want to calm the fears. There is enough money for the future, you will have a good financial life, and we can make sure that all is well with you going forward. The litigation behavior then has to match that message by keeping things calm and reducing anxiety. The fear is about the final number but it is revealed by the litigation: how the mortgage gets paid next month, whether the credit cards still work, what happens to health insurance. What wrecks this road is the small hurtful act. Cutting off credit cards, closing an account, moving money just to be safe. Any one of those converts a cooperative case into Road 1 overnight, and it is nearly impossible to walk back. Address security, anxiety and fear first. Speed comes second and a fair resolution is a path that is easier to pave. ## Road 4. One spouse is helpful and does not know anything about the money. The other is helpful and discloses. Road 4 This is the friendliest road on the list. Nobody is buying their attorney a new car on this one. One caution and it is not an accusation: the spouse who has not looked at the finances in twenty years still has to look now. They want to become educated and empowered, and they need this knowledge to make good decisions for their future. Take the time to learn and understand, because the more data you have, the better decisions you will make for yourself and your family. And kudos to the spouse who assists with this new education, because it is a win-win for both parties. ## Road 5. One spouse wants their day in court. The other just wants it to be over. Road 5 Everything in this pairing turns on one question: can the day in court happen somewhere other than a courtroom? Sometimes it can happen in mediation. In fact, I have seen it work better in mediation because you have time to talk and tell your story. There is no cutting off of your story because facts are irrelevant or there is no foundation. Just the story being told helps the person move forward. Being heard and being in court are not the same need, and people who insist on the second usually want the first. A settlement conference or a mediation can give someone the experience of saying what needs to be said to a neutral person and that is frequently enough. Because it is not a courtroom, that story is not shouted at the other spouse, and whatever relationship repair might happen later is more likely when these loud accusations are not heard bouncing around courtroom walls. ## Road 6. One spouse wants scorched earth. The other is hateful. Road 6 Two cars for your attorney and litigation that runs into the next decade. If you are reading this and recognizing your own marriage, the honest answer is that you cannot stop this freight train by yourself. It takes two people to keep a case like this moving, which is also the useful part, because it means there are things you can stop doing. Start with counsel. Some lawyers escalate for a living, and on this road that is not zeal, it is a business model. When you interview a lawyer, ask what they would try before filing a motion and listen for whether the answer involves talking to the other side at all. Fights on this road spread into everything, including things that do not matter and things that are not actually in dispute. Concede what is genuinely not worth arguing about, in writing, early. It costs you very little and it makes the remaining disagreement easier to resolve. Then keep your positions reasonable and keep the record clean. Arizona courts can consider the reasonableness of the positions each party has taken throughout the proceedings when deciding attorney fees. That is not a guarantee of anything, but over two years of litigation the difference between the spouse who kept making sensible offers and the spouse who refused every one of them becomes very visible to a judge. And decide early, on purpose, what you are willing to spend in order to be right. Write the number down. People on this road almost never do, and that is the reason the case outlives the reason for it. ## Road 7. Both spouses are insecure about the future. Both want it done. Both are helpful. Road 7 Notice what that does not say. It does not say they agree on anything. They can disagree about the house, the business, the spousal maintenance issue and this is still one of the best roads, because desire to cooperate and consider reasonable settlement terms is what determines whether a case resolves. Two cooperative people with real disputes can do well in mediation, and attorneys who know the process build something that both of them can live with. The end game is where they are both secure and get most of what they want. They are on the same team, so to speak, and they have a chance of getting there together. ## When you do not get to choose the road Some of these roads are not your choice and that is the hurtful truth. A judge once told me that it takes two to tango. Yes, but that is dancing and litigation is not dancing. It only takes one person to make the process absolutely miserable. Be aware of how fast this can go downhill and take on a life of its own especially if you retain an attorney who wants to fight, fight, fight. Your choices will always be substantial: how you respond, who represents you, and whether you are willing to spend two years and a great deal of money proving a point that is worth less than what it costs to prove. Sometimes you have no real choice and that is the sadness of it all. ## Choosing wisely The reason this matters in a high net worth divorce is that money is no object to litigation. The financial resources remove the natural stopping point. A couple with a modest estate reaches the end of what they can and will spend and then they settle. You will not. You may never reach the end of what you are willing to spend or you may get so far down the road that gravity will not let you stop. Think about the end game and the big picture. What road will get you there more efficiently and effectively? We always tell our clients that no one wins in litigation, and we believe that to be true. We are trial litigators and we are very, very competent in court. But clients never really win in court, even when they win. Sometimes it has to be litigated, and sometimes it really does not. ## Related high net worth divorce resources Return to the [High Net Worth Divorce Resource Hub](https://www.bestlawaz.com/high-net-worth-divorce-in-arizona/) or explore these established Best Law Firm resources. [High Net Worth Divorce**Complex & High Net Worth Divorce**](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/)[Business Owners**Divorce for Business Owners in Arizona**](https://www.bestlawaz.com/divorce-for-business-owners-in-arizona/)[Business Valuation**How a Business Is Valued in an Arizona Divorce**](https://www.bestlawaz.com/how-to-divide-a-business-in-an-arizona-divorce/)[Property Division**Arizona Property Division**](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/)[Mediation**High Net Worth Divorce Mediation**](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/)[Costs & Fees**Family Law Legal Fees Programs**](https://www.bestlawaz.com/family-law-legal-fees-programs/) ## Questions about the seven roads ### What makes a high net worth divorce different? Significant assets can remove the natural financial stopping point in litigation, making process choices, disclosure, valuation, and clear goals especially important. ### Does Arizona require both spouses to agree to divorce? No. Arizona requires a finding that the marriage is irretrievably broken; one spouse cannot force the other to remain married. ### Can financial misconduct matter in an Arizona divorce? Yes. Arizona law allows the court to consider excessive or abnormal expenditures and the destruction, concealment, or fraudulent disposition of community property. ### Can high net worth divorce be resolved outside court? Often, yes. Depending on the case, mediation, settlement conferences, or arbitration may resolve financial issues without a full trial. ## On this page [First, Arizona Divorce Law Facts](#first-arizona-divorce-law-facts)[Road 1](#road-1-one-spouse-is-helpful-the-other-is-angry-and-vindictive)[Road 2](#road-2-one-spouse-is-helpful-the-other-cheats-with-the-money)[Road 3](#road-3-one-spouse-is-helpful-but-insecure-about-the-future-the-other-is-helpful-and-wants-to-be-done)[Road 4](#road-4-one-spouse-is-helpful-and-does-not-know-anything-about-the-money-the-other-is-helpful-and-discloses)[Road 5](#road-5-one-spouse-wants-their-day-in-court-the-other-just-wants-it-to-be-over)[Road 6](#road-6-one-spouse-wants-scorched-earth-the-other-is-hateful)[Road 7](#road-7-both-spouses-are-insecure-about-the-future-both-want-it-done-both-are-helpful)[When you do not get to choose the road](#when-you-do-not-get-to-choose-the-road)[Choosing wisely](#choosing-wisely)[Related resources](#related-high-net-worth-divorce-resources)[Questions and answers](#seven-roads-questions) ## Need help? Talk with Tali about the property, business, support, process, and settlement decisions that may shape your Arizona divorce. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case You do not need to have every document or decision figured out before you call. Start with your story, your priorities, and the questions that matter most. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, property, support, business, and mediation matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. --- ### [How To Prepare for My Temporary Orders Hearing When There is Domestic Violence](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/) **Published:** August 11, 2026 **Author:** Tali Collins **Excerpt:** What an Arizona family court must do at a temporary orders hearing when domestic violence is alleged under the Alec and Lydia Act. **Content:** Alec and Lydia Act | Temporary Orders Guide# How To Prepare for My Temporary Orders Hearing When There is Domestic Violence What an Arizona family court must do at a temporary orders hearing when domestic violence is alleged under the Alec and Lydia Act. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Make sure you are aware of the Alec and Lydia Act, House Bill 2995. Governor Katie Hobbs signed it into law on June 22, 2026, and it took effect that same day because the legislature attached an emergency clause rather than waiting the ninety days that normally pass before a new Arizona law becomes effective. It amends A.R.S. § 25-403.03, A.R.S. § 25-404 and A.R.S. § 25-411. It is named for Alec and Lydia who were murdered by their father on May 20, 2024 during court-ordered unsupervised parenting time. Their mother, Hope Hooton, spent two years working with State Representative Lisa Fink and countless others to pass this remarkable legislation to protect children. The most common question we hear is [whether the Alec and Lydia Act governs a case that was already in the pipeline](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/). We asked the bill’s sponsor directly. Representative Lisa Fink answered in writing: “It should apply to ALL cases.” We believe that is correct and we believe the Alec and Lydia Act governs every Arizona family court case heard after June 22, 2026 no matter when it was filed. A legislature that waived the ninety-day waiting period to protect children immediately did not intend its protections to be ignored because of a filing date. ## What Really Changed Under the Alec and Lydia Act? The Alec and Lydia Act creates a mandatory rebuttable presumption that an award of legal decision-making or parenting time to a parent who committed domestic violence is contrary to the child’s best interests. The law requires specific written findings before the court enters legal decision-making or parenting-time orders. A.R.S. § 25-404(D) extends that written-findings requirement to temporary-order proceedings when domestic violence is alleged. It also recognizes [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) as domestic violence, uses a preponderance-of-the-evidence standard, and states that corroboration is not required. The court must also consider qualifying other acts of domestic violence that tend to prove coercive control, even if those acts predate the last decree or could have been litigated earlier. A class-completion certificate alone is not proof of rehabilitation. The statute identifies evidence and precautions the court must evaluate, including protected exchanges, supervised parenting time, limits on overnights, suspension of access, confidentiality, treatment, testing when substance abuse is also found, and a bond for the child's safe return. ## The Temporary Orders Hearing The temporary orders hearing is the first time most Arizona parents stand in front of a family court judge. It is also, for many victim parents, the first time anyone with authority hears that there was domestic violence in the family. Temporary orders decide legal decision-making and parenting time while the case is pending, and those orders often govern a family for a year or longer. What happens at that hearing usually becomes the arrangement everyone lives under until trial. This temporary orders hearing can happen in a divorce, a modification or a paternity action. The Alec and Lydia Act changed what the court is required to do at that hearing when domestic violence is alleged. This article explains the findings, proof, arguments, and preparation that matter. Temporary orders govern while the case is pending; they do not automatically become the final orders. The final trial still requires the evidence and requests that support the final relief sought, and the temporary-order record may remain important. ## Does the court have to address domestic violence at a temporary orders hearing? [A.R.S. § 25-404(D)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/) requires the court to make written findings consistent with § 25-403.03(B) when domestic violence is alleged in a temporary legal decision-making or parenting-time proceeding. That is a change in practice. Written findings were previously associated with final trials. Temporary orders hearings are short, the record is thin, and in the past many temporary orders were entered without any written analysis of a domestic violence allegation at all. The allegation now triggers the same findings requirement at the temporary orders stage that applies at trial. ## What written findings must the court make at a temporary orders hearing? Under [A.R.S. § 25-403.03(B)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the court must resolve admitted domestic-violence evidence through three specific written explanations: - A thorough description of the evidence that justified or prevented a domestic-violence finding under subsection (C). - After considering each factor in subsection (E), a thorough explanation of why the parent did or did not rebut the subsection (D) presumption. - A thorough explanation of why the precautions selected under subsection (H) are in the child's best interests. ## Does domestic violence affect custody in Arizona? Yes. Under [A.R.S. § 25-403.03(A)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), domestic violence is contrary to the child’s best interests, and the court must give the highest priority to the personal safety and physical, mental, and emotional well-being of the child and domestic-violence victim. Subsection (D) creates the mandatory rebuttable presumption. Subsection (G) sets separate proof standards: the restricted parent may not receive sole or joint legal decision-making or unsupervised parenting time without clear and convincing evidence, and may not receive supervised parenting time without proving rebuttal by a preponderance of the evidence. For a parent who committed domestic violence, subsection (H) requires precautions that prioritize safety and well-being. Those precautions may include: - A protected or safe exchange location - Limits on parenting time, including no overnights - Professional or qualified lay supervision - Supervision costs paid by the parent who committed domestic violence - Suspension of access until a qualifying modification request - Intervention, assessment, counseling, or substance-testing conditions - A bond for the child's safe return - Confidentiality for the child and other parent's address ## What if I never called the police or what if he was never arrested? Under A.R.S. § 25-403.03(C), a claim of an act or acts of domestic violence shall be established by a preponderance of the evidence, and corroboration from exhibits or witness testimony is not required. A police report is not a prerequisite. An arrest is not a prerequisite. A conviction is not a prerequisite. Corroborating witness testimony is not required. Subject to the evidentiary standard applied to the proceeding under the Arizona Rules of Family Law Procedure, the same subsection directs the court to consider all of the following: - **Court findings**Factual determinations of an act or acts of domestic violence from a court of competent jurisdiction. - **Government records**Evidence collected and reports prepared by a law enforcement agency, the Department of Child Safety and any other government agency. - **Medical or behavioral health records**The alleged victim’s medical or behavioral health records, if the victim waives the associated privilege or other right to confidentiality. - **Shelter records**Records from a shelter for victims of domestic violence as defined in A.R.S. § 36-3001. - **School records**Educational and school records. - **Other acts**Other acts of domestic violence against any person that tend to prove coercive control, including qualifying acts that were previously decided or predate the last decree. - **Witness testimony**Witness testimony. The victim parent’s own testimony is evidence. At a temporary orders hearing, where time is short and documents are often still being gathered, that matters a great deal. ## Is coercive control domestic violence in Arizona? Yes. Under [A.R.S. § 25-403.03(M)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), domestic violence includes coercive control when it is perpetrated by one parent against the other parent or against a minor child living in either parent’s household. Coercive control is a pattern of violent, threatening, coercive, or emotionally abusive conduct by one parent against the other, without consent or justification. The statute includes conduct such as physical or sexual assault, threats of harm, confinement, isolation, financial control, stalking or harassment, degrading conduct, misuse of litigation, immigration threats, property damage, and surveillance or tracking used to facilitate the pattern. None of those requires a bruise. All of them can be alleged and described at a temporary orders hearing. ## What arguments must the court reject? Under subsection (F), the court must disregard the child’s absence from the domestic violence, the child’s lack of awareness, and the child’s preference for contact when applying the mandatory presumption. Under subsection (D)(2), the court may not describe domestic violence as mutual or apply the presumption to both parents unless both lacked justification to a similar degree and inflicted similar injury. Otherwise, the presumption applies only to the parent whose conduct and motivation were more serious. Under subsection (M)(2)(b), justified defense of oneself or another person is excluded from the definition of domestic violence. Subsection (L) also permits the court to consider whether domestic violence caused a parent’s absence or relocation. ## What about the class the abuser signed up for? Under subsection (E)(5), the court may consider attendance at a domestic-violence treatment program, but a certificate of completion alone is not proof of rehabilitation. The certificate must be supported by the required release of treatment records, proof that the program was relevant and proportionate, a demonstrated understanding of harm, and proof that the program addressed minimization or rationalization. At a temporary-orders hearing, enrollment or a certificate does not carry the weight it once did without that supporting evidence. ## Can the court order my child into counseling or therapy with the abuser? No and you can’t be ordered to either. A.R.S. § 25-403.03(I) mandates that the court may not order a victim of domestic violence, whether the child or a parent, to join the parent who committed an act or acts of domestic violence in any inpatient or outpatient treatment program, counseling program or forensic assessment, whether telephonic, virtual or in person. ## Do written findings matter? Yes. Written findings show what the court considered, credited, and rejected. They give the parties and counsel a record for evaluating the decision and any available procedure for seeking clarification, reconsideration, other relief, or appellate review. ## What to do before your temporary orders hearing ### Read Your Minute Entry and Follow All Deadlines Then write your timeline. Include every detail, incident, date, place, quotes, witnesses, surroundings, what people were wearing, where they were standing, what time of day was it, what started the incident, who did you tell about it shortly afterwards, did you take any photos, did you text anyone, did you call anyone. Be prepared for this to take an emotional toll on you. Be kind to yourself and give yourself a break after thinking about this trauma. It can be very difficult and sad to relive it in your own words. ### Organize the Communications Organize the communication. Use software. Texts, emails, voicemails, and app messages from the other parent, including the ones about money, the ones about the children, and the ones sent late at night, the repetitive ones, the off the wall comments while they were drunk, all of them. ### Think About Potential Witnesses Think about potential witnesses. Anyone who saw an incident, saw an injury, saw the isolation, or was told about something close to the time it happened. ### Discovery and Disclosure: Start as Soon as Possible Before the Hearing Request relevant orders of protection, police or agency reports, school records, shelter records, and any medical or behavioral-health records you choose to disclose after considering privilege and confidentiality. If the other parent relies on treatment attendance to rebut the presumption, ask your attorney about the records and waivers required by subsection (E)(5) and the applicable disclosure process. ### Identify the Coercive Control Review the conduct listed in A.R.S. § 25-403.03(M)(1) and identify the parts of the pattern that accurately describe what happened in your family. ### Decide About Your Own Records Decide about your own records. This is the victim parent’s decision to make. Be cautious, sometimes these records can be used against you with the old ploy of victim blaming. ### Draft Your Pre-Trial Statement - Allege domestic violence expressly. A.R.S. § 25-404(D) is triggered by the allegation. - Ask for the three written explanations required by A.R.S. § 25-403.03(B). - Ask for the subsection (H) precautions that fit what happened in your family. - Include your timeline and properly disclosed, admissible exhibits. This is not meant to be an entire trial preparation or to assume you can do this on your own. It is only an outline to be considered and does not take the place of the court rules, the rules of evidence, the statutes and the court’s minute entry. All of these must be followed. The Alec and Lydia Act gives the family court a written blueprint for what to do when domestic violence is alleged and it applies at the temporary orders hearing. [Before the hearingI Am Scared of My Upcoming Temporary Orders Hearing. I Am a Victim of Domestic Violence. What Should I Do?](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/)[After the hearingI Just Had My Temporary Orders Hearing. Yuck. Now What Do I Do?](https://www.bestlawaz.com/alec-and-lydia-act/after-my-temporary-orders-hearing/) ## On this page [What changed](#what-really-changed)[The temporary hearing](#the-temporary-orders-hearing)[Written findings at temporary orders](#does-the-court-have-to-address-domestic-violence-at-a-temporary-orders-hearing)[How domestic violence affects custody](#does-domestic-violence-affect-custody-in-arizona)[Police reports and evidence](#what-if-i-never-called-the-police-or-what-if-he-was-never-arrested)[Coercive control](#is-coercive-control-domestic-violence-in-arizona)[Arguments the court must reject](#what-arguments-must-the-court-reject)[Preparation checklist](#what-to-do-before-your-temporary-orders-hearing) ## Related resources [The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/)[Does the Act apply to my case?](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/)[Coercive control in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Domestic violence representation](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/)[Child custody representation](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona/) ## Need help? If domestic violence is part of your temporary-orders case, talk with an Arizona family law attorney about the hearing, the evidence, and the written order. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case Tali Best Collins handles every new client consultation personally. She is a trauma informed attorney. You are not alone. We can help. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins is the Managing Partner of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She is a former Judge Pro Tem in Maricopa County Superior Court and co-author of The Divorce Coach. Tali handles every new client consultation personally. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. Nothing in this article creates an attorney-client relationship. The Alec and Lydia Act is effective June 22, 2026. --- ### [I Am Scared of My Upcoming Temporary Orders Hearing. I Am a Victim of Domestic Violence. What Should I Do?](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/) **Published:** August 11, 2026 **Author:** Tali Collins **Excerpt:** What to do if you are afraid of an upcoming Arizona temporary orders hearing where domestic violence is part of your case. **Content:** Before the Hearing | Domestic Violence# I Am Scared of My Upcoming Temporary Orders Hearing. I Am a Victim of Domestic Violence. What Should I Do? What to do if you are afraid of an upcoming Arizona temporary orders hearing where domestic violence is part of your case. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Being afraid of this hearing is a reasonable response to any kind of trial. It is a bit scary and there are some unknowns. You are going to stand in a courtroom in front of a judge who doesn’t know you, describe the worst things that have happened to you and your children and you have to do with the other parent in the courtroom. Most parents in your position are frightened. If there has been domestic violence in your family, the Alec and Lydia Act is your champion and your cheerleader. It has changed what the judge must do at your hearing and what rights you and your children have. Read the Alec and Lydia Act. Understand how it can protect you and your children. Know that the public policy in Arizona is child safety above all else, including parental access. Here is the short outline of what to expect. ## What written decision should I expect? Temporary orders used to be issued with little or no explanation. Parents walked out of the courthouse with an order and no idea what the judge believed or why. When a parent alleges domestic violence, the judge now has to make written findings at your temporary orders hearing. Those findings tell you what the court accepted, what it rejected, and how it reached the result. ## Do I need a police report? No. Many victim parents assume nothing counts because they never called the police. There is no police report requirement, no arrest requirement and no conviction requirement. You do not need photographs. You do not need someone else to back up your account. Your own testimony is evidence and at a hearing this early in a case when records are still being gathered that matters a great deal. ## What if there was never any physical violence? That is just one of the definitions of domestic violence, the obvious domestic violence. Coercive control is also domestic violence in Arizona under the Alec and Lydia Act. That includes controlling the money and bank accounts, cutting you off from your family and friends, tracking your phone and your car, monitoring your messages, belittling you, swearing at you, screaming and scaring you, threatening a pet, threatening to harm you or themselves and threats connected to immigration status. None of that leaves a bruise. All of it can be [described to the judge at a temporary orders hearing](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/). A pattern of this conduct can constitute coercive control and domestic violence. ## What can the judge order? Under the Alec and Lydia Act, a domestic-violence finding triggers the subsection (D) presumption. Subsection (G) requires clear and convincing evidence before the restricted parent may receive legal decision-making or unsupervised parenting time, and a preponderance of the evidence before supervised parenting time may be granted. Subsection (H) requires safety-focused precautions and may include protected exchanges, supervised parenting time, limits on overnights, suspension of access, intervention, substance testing when appropriate, a bond for the child’s safe return, and address confidentiality. ## What cannot rebut the presumption? - That your child was asleep, in another room, or somewhere else entirely when the domestic violence happened. - That your child never knew about it. - That your child wants to go with the other parent. - A class-completion certificate by itself. Subsection (E)(5) requires supporting treatment records and proof addressing rehabilitation. ## What is my evidence at the hearing? - **Your timeline**Every incident, the date, where it happened, who was there, and what was said. - **Your communications**Texts, emails, voicemails and app messages, including the ones about money and the ones sent late at night. - **Your witnesses**Anyone who saw an incident, saw an injury, heard your story after it happened, witnessed abusive behaviors. - **The records**Orders of protection, agency reports, school records, and any medical or counseling records you choose to disclose after considering privilege. Ask counsel about obtaining treatment records if the other parent relies on treatment to rebut the presumption. - **Allege domestic violence**Allege Domestic Violence: The judge’s obligation to make written findings is triggered by the allegations. Child abuse can be domestic violence. Ask for [the specific safeguards for any parenting access that fit what happened in your family](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/) under the Alec and Lydia Act. Depending on the findings and proof standards, the order may suspend access, require supervision, or prohibit overnights. I would be remiss if I didn’t give you some basics: read the minute entry, know the rules, know the statutes and know the evidence rules and admissibility. There is a skill to conducting trials but parents often times just cannot afford an attorney. So this might help you if you find yourself in that situation. ## Continue the temporary-orders series [Preparation guideHow To Prepare for My Temporary Orders Hearing When There is Domestic Violence](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/)[After the hearingI Just Had My Temporary Orders Hearing. Yuck. Now What Do I Do?](https://www.bestlawaz.com/alec-and-lydia-act/after-my-temporary-orders-hearing/) ## On this page [The written decision](#what-written-decision-should-i-expect)[Do I need a police report?](#do-i-need-a-police-report)[Coercive control](#what-if-there-was-never-any-physical-violence)[What the judge can order](#what-can-the-judge-order)[What cannot rebut](#what-cannot-rebut-the-presumption)[Your evidence](#what-is-my-evidence-at-the-hearing) ## Related resources [Full temporary-orders preparation guide](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/)[What to do after the hearing](https://www.bestlawaz.com/alec-and-lydia-act/after-my-temporary-orders-hearing/)[The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/)[Domestic violence representation](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/)[Child custody representation](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona/) ## Need help? If domestic violence is part of your temporary-orders case, talk with an Arizona family law attorney about the hearing, the evidence, and the written order. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case Tali Best Collins handles every new client consultation personally. She is a trauma informed attorney. You are not alone. We can help. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins is the Managing Partner of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She is a former Judge Pro Tem in Maricopa County Superior Court and co-author of The Divorce Coach. Tali handles every new client consultation personally. Tali is a trauma informed attorney. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. Nothing in this article creates an attorney-client relationship. --- ### [I Just Had My Temporary Orders Hearing. Yuck. Now What Do I Do?](https://www.bestlawaz.com/alec-and-lydia-act/after-my-temporary-orders-hearing/) **Published:** August 11, 2026 **Author:** Tali Collins **Excerpt:** What to do after an Arizona temporary orders hearing in a domestic violence case, what your order should contain, and how to get a second look at it. **Content:** After the Hearing | Domestic Violence# I Just Had My Temporary Orders Hearing. Yuck. Now What Do I Do? What to do after an Arizona temporary orders hearing in a domestic violence case, what your order should contain, and how to get a second look at it. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 This is one of the most common calls we get. A parent has just come out of a temporary orders hearing. The hearing was short. Things were said quickly. The judge announced something and everyone stood up and it was over. Now they are sitting in the car in the parking garage trying to figure out what just happened to them and their children. Sometimes the call is even simpler than that. I just had my hearing and I need help. Or I just had my hearing and I am wondering whether I should have a different attorney. [All of these situations create a great deal of anxiety](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/) and part of that is somewhat normal and expected. Sometimes the worst part is that you have to wait until the minute entry comes out to really know the situation. ## When will I receive the written minute entry? The timing varies by court and case. The written minute entry tells you what the court actually decided, so wait for and read the order rather than evaluating the outcome only from what was said aloud in the courtroom. When a parent alleges domestic violence, the Alec and Lydia Act [requires the judge to make written findings at a temporary orders hearing](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/). That is the part most parents skip past because they are looking for the parenting time schedule. The findings are where you learn how the court considered and analyzed all the evidence. ## What should I look for in the minute entry? - Did the court address the domestic violence allegation? - Did the court conduct an analysis of the domestic violence evidence? - Did the court address coercive control or only physical violence? - Did the court make a finding that there was domestic violence? - If the court found domestic violence, did it address the presumption against giving the abusive parent legal decision-making and parenting time? - If the court found domestic violence, did it take away the abusive parent’s legal decision making? - If the court found domestic violence, did it impose mandatory safeguards on access to the children by the abuser? - If the court decided the presumption was rebutted, did it explain why? ## How long do temporary orders last? Temporary orders are not the end of your case. They generally govern while the litigation is pending until settlement, final orders, or another court order. They do not automatically become final orders, and the final trial still requires the evidence and requests supporting final relief. The temporary findings and record may nevertheless remain important. Your record also keeps building after the hearing. What the other parent does during the litigation counts. Missed exchanges, vulgar messages, nasty behavior at handoffs, whatever the children experience. Keep making a record. Keep documenting. ## What questions should I ask about the hearing? - What did the court find about domestic violence? - What evidence did I have that was not admitted? - What can I change before the next hearing? - Did I get to testify about what I wanted to? - What questions did the judge ask? - Did we run out of time? - Was I prepared to testify? - What should I document before the final trial? - Was the cross examination of the abusive parent effective? - Can we go to mediation? ## What if I Am Thinking About Retaining an Attorney or Changing My Attorney? Parents ask us these questions often and there is nothing unusual about asking. A domestic violence case is the hardest kind of family law case there is and coming out of a hearing wondering about the process and representation is not abnormal. A second opinion is not unusual. You have the right to ask questions, to wonder, to feel less anxiety and to be secure in what you are doing and the decisions you are making. If you have a consultation with us, no matter the reason, bring your story. We can look up your case and your docket. If you have some documents, they can be helpful but not required. ## Continue the temporary-orders series [Preparation guideHow To Prepare for My Temporary Orders Hearing When There is Domestic Violence](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/)[Before the hearingI Am Scared of My Upcoming Temporary Orders Hearing. I Am a Victim of Domestic Violence. What Should I Do?](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/) ## On this page [The minute entry](#when-will-i-receive-the-written-minute-entry)[What the order should address](#what-should-i-look-for-in-the-minute-entry)[How long orders last](#how-long-do-temporary-orders-last)[Questions to ask](#what-questions-should-i-ask-about-the-hearing)[A second opinion](#what-if-i-am-thinking-about-retaining-an-attorney-or-changing-my-attorney) ## Related resources [Full temporary-orders preparation guide](https://www.bestlawaz.com/alec-and-lydia-act/domestic-violence-temporary-orders-hearing/)[If you are scared of the hearing](https://www.bestlawaz.com/alec-and-lydia-act/scared-of-my-temporary-orders-hearing/)[The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/)[Domestic violence representation](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/)[Child custody representation](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona/) ## Need help? If domestic violence is part of your temporary-orders case, talk with an Arizona family law attorney about the hearing, the evidence, and the written order. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case Tali Best Collins handles every new client consultation personally. She is a trauma informed attorney. Bring your order and your questions. You are not alone. We can help. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins is the Managing Partner of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She is a former Judge Pro Tem in Maricopa County Superior Court and co-author of The Divorce Coach. Tali handles every new client consultation personally. Tali is a trauma informed attorney. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. Nothing in this article creates an attorney-client relationship. --- ### [5 Questions to Ask an Attorney Before You Hire Them For Your Domestic Violence Case](https://www.bestlawaz.com/alec-and-lydia-act/questions-to-ask-an-attorney-about-domestic-violence/) **Published:** August 10, 2026 **Author:** Tali Collins **Excerpt:** Before hiring an Arizona attorney for a domestic violence case, ask five questions about the new law, evidence, experience, and trauma-informed practice. **Content:** Domestic Violence Attorney Selection | 5 Questions# 5 Questions to Ask an Attorney Before You Hire Them For Your Domestic Violence Case What to ask about Arizona's new domestic violence law, evidence, experience, and trauma-informed representation before choosing counsel. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Every family law attorney handles divorce. Not every family law attorney has experience handling domestic violence cases. There is a huge difference in abilities and knowledge. Arizona’s domestic violence law changed on June 22, 2026. You are interviewing the attorney. You should ask these 5 questions: 1 ## What Do You Know About the Alec and Lydia Act? You are listening for the new Arizona public policy that child safety is more important than parent access. This law exists because Alec and Lydia were murdered. The Act was effective when Governor Katie Hobbs signed it on June 22, 2026. You are listening for what they know about the mandatory presumption that domestic violence is contrary to a child's best interests. If the presumption is not rebutted, that parent receives no legal decision-making authority and the court must impose parenting-time safeguards. The judge must make specific and detailed findings on the record. It is hard for the abusive parent to rebut the presumption. Many cases in the system now were filed before June 22, 2026. Ask whether they will argue the Act applies to your case filed before that date. If they don’t know or suggest that it doesn’t, you might want to find an attorney who will advocate for you. 2 ## What Is Coercive Control? This is the single best test of whether an attorney understands that coercive control is now defined as domestic violence. You are listening for a pattern of behavior designed to dominate, isolate, and control another person even when no physical violence occurred. You are listening for examples: financial monitoring and control, isolation from friends and family, surveillance and tracking, threats, demeaning and degrading conduct, threats involving immigration status, welfare check calls placed as harassment, threats to harm you or your pets, and using the family court itself as a weapon by filing false or frivolous claims to exhaust or punish the other parent. 3 ## How Much of Your Practice Involves Domestic Violence? Ask how many domestic violence cases the attorney has handled, how many they are handling right now, and how many they have taken to trial. 4 ## How Do You Get Evidence of Older Abuse Into the Record? Much of what happened to you happened before this case, and some of it a court may have already heard. You are listening for the admissibility rules. Under [A.R.S. § 25-403.03(E)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the court may not refuse evidence of a collateral act of domestic violence on the grounds that it or a related legal claim has been decided, predates the last decree, or could have been litigated at another time or place. Under [A.R.S. § 25-403.03(C)(6)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the court considers collateral acts of domestic violence by that parent against any person. Under [A.R.S. § 25-403.03(D)(10)](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), where the acts occurred over a period of time and with sufficient severity or frequency, the passage of time or the remoteness of an earlier act is an aggravating factor and not a mitigating one. 5 ## Are You a Trauma-Informed Attorney? - Have you ever retained a domestic violence expert? - Have you had clients working with a therapist while you handled their case? - Have you worked with a therapist? - What training have you attended? ## What Should I Do Before the Consultation? Be ready to tell your story. Don’t worry about a timeline or anything else. Just what happened to you. We will listen. We understand. Companion article [How Do I Choose the Right Attorney for Domestic Violence?](https://www.bestlawaz.com/alec-and-lydia-act/how-do-i-choose-the-right-attorney-for-domestic-violence/) ## On this page [1. The Alec and Lydia Act](#what-do-you-know-about-the-alec-and-lydia-act) [2. Coercive control](#what-is-coercive-control) [3. Domestic violence experience](#how-much-of-your-practice-involves-domestic-violence) [4. Evidence of older abuse](#how-do-you-get-evidence-of-older-abuse-into-the-record) [5. Trauma-informed representation](#are-you-a-trauma-informed-attorney) [Before the consultation](#what-to-do-before-the-consultation) ## Related resources [The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/) [How to choose the right attorney](https://www.bestlawaz.com/alec-and-lydia-act/how-do-i-choose-the-right-attorney-for-domestic-violence/) ## Need help? If domestic violence is part of your case, speak with an Arizona family law attorney who understands the new framework. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case If domestic violence is part of your case, Tali Best Collins handles every new client consultation personally. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, legal decision-making, parenting-time, and domestic violence matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. --- ### [How Do I Choose the Right Attorney for Domestic Violence?](https://www.bestlawaz.com/alec-and-lydia-act/how-do-i-choose-the-right-attorney-for-domestic-violence/) **Published:** August 10, 2026 **Author:** Tali Collins **Excerpt:** Learn what an Arizona family law attorney should understand about coercive control, older abuse, victim testimony, and the Alec and Lydia Act. **Content:** Domestic Violence Attorney Selection | Arizona# How Do I Choose the Right Attorney for Domestic Violence? What an Arizona family law attorney should understand about coercive control, older abuse, testimony, and the Alec and Lydia Act. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: August 2026 Here is a story we hear over and over. A woman had been stalked. Her car had a tracking device on it. Her home had cameras in it that she did not know about. Her husband got angry and threw his cell phone at her. He threatened to kill her cat. And she had been told she had no case for domestic violence. This is classic domestic violence and we have seen it dozens of times. Not all family law attorneys understand or have been trained in domestic violence. We see these families time and time again after their stories and trauma have been downplayed or ignored. We listen. We understand. We just get it. Stalking and trackingHidden surveillanceThreatening conductThreats involving a pet ## Why Is That Domestic Violence? Arizona’s definition changed on June 22, 2026. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) expanded the definition of domestic violence to include [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/), which means a pattern of behavior designed to dominate, isolate, and control another person even when no physical violence occurred. Surveillance and tracking are on that list. So are threats. So are threats to harm you or your pets. So is demeaning and degrading conduct. So are financial monitoring and control, isolation from friends and family, threats involving immigration status, welfare check calls placed as harassment, and using the family court itself as a weapon by filing false or frivolous claims to exhaust or punish the other parent. Every fact in that story is on the list. The tracker on the car. The cameras in the house. The threat to the cat. Read together they are not four unrelated complaints. They are a pattern, and the pattern is what the statute now reaches. ## What If It Happened Years Ago? The age of the abuse does not weaken it. One incident might sound like a complaint or sound insignificant. Twenty incidents over five years reveal a course of conduct that is domestic violence. The pattern is the case. The evidence comes in. It is relevant under the Alec and Lydia Act. ## Do I Need a Police Report or Photographs? No. Under the Alec and Lydia Act, the victim’s testimony alone can establish domestic violence. A claim is proven by a preponderance of the evidence, which means more likely than not. Corroboration from exhibits or another witness is not required. You just need your story. Companion article [5 Questions to Ask an Attorney Before You Hire Them For Your Domestic Violence Case](https://www.bestlawaz.com/alec-and-lydia-act/questions-to-ask-an-attorney-about-domestic-violence/) ## On this page [Why this is domestic violence](#why-is-that-domestic-violence) [What if it happened years ago?](#what-if-it-happened-years-ago) [Police reports and photographs](#do-i-need-a-police-report-or-photographs) ## Related resources [The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/) [5 questions to ask before hiring an attorney](https://www.bestlawaz.com/alec-and-lydia-act/questions-to-ask-an-attorney-about-domestic-violence/) ## Need help? If your experience has been minimized or misunderstood, talk with an attorney who understands coercive control and domestic violence evidence. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case If domestic violence is part of your case, Tali Best Collins handles every new client consultation personally. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm. She handles every new client consultation personally and represents Arizona families in divorce, legal decision-making, parenting-time, and domestic violence matters. **Best Law Firm** | 7025 N. Scottsdale Road, Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. --- ### [The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/) **Published:** July 3, 2026 **Author:** Tali Collins **Excerpt:** You do not have to have been married for the Alec and Lydia Act to protect you and your children. Arizona's new domestic violence law applies equally to unmarried parents. Here is what you need to know. **Content:** Alec and Lydia Act Series | Article 6 of 6# The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You. You do not have to have been married for the Alec and Lydia Act to protect you and your children. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: July 2026 Most of what has been written about the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), including the articles on this page, talks about divorce. About what happens when domestic violence is present in a marriage with children and the parents go to court for [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and parenting time. You do not have to have been married for this law to protect you and your children. The Alec and Lydia Act amended A.R.S. § 25-403.03. That statute governs [what Arizona courts must do](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/) when domestic violence is present in any case involving legal decision making or parenting time. It applies to any parent who comes before a court seeking a determination about their child’s legal decision making or parenting time, married or not, living together or not, briefly together or together for years. If you have a child with someone who has committed domestic violence against you and you need a court to establish or modify parenting arrangements, the Alec and Lydia Act applies to your case. The mandatory presumption applies. The written findings requirement applies. The expanded definition of domestic violence to include [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) applies. All of it applies equally to you. ## What the Law Requires in Any Parenting Case The Alec and Lydia Act created a mandatory rebuttable presumption: when a court finds that domestic violence occurred, awarding legal decision making or parenting time to the abusive parent is presumed to be contrary to the child’s best interests. A.R.S. § 25-403.03(F). That presumption applies in every parenting case where the court makes a determination about legal decision making or parenting time, whether it is a divorce proceeding, a paternity action, a modification of an existing order, or an initial establishment of parenting rights between parents who were never married. When the presumption applies and the abusive parent cannot overcome it, the court shall not grant joint or sole legal decision making to that parent. The court shall impose restrictions on parenting time, which can include limited time, no overnight time, supervised access only, or no access at all. These outcomes are mandatory. The court has no discretion about whether to impose them. Only about which restrictions fit the proven domestic violence. Courts must also make specific written findings when domestic violence is alleged at every stage of the case, including temporary orders hearings. A judge cannot simply award parenting time to an abusive parent without explaining in writing why that award is appropriate given the domestic violence evidence. ## What Coercive Control Means for Unmarried Parents One of the most significant changes in the Alec and Lydia Act is the expansion of the domestic violence definition to include coercive control. A.R.S. § 25-403.03(L). Coercive control is a pattern of behavior designed to dominate, isolate, and control another person. It does not require physical violence. For unmarried parents this matters enormously. Coercive control in a non-marital relationship can look different from coercive control in a marriage, but it is just as real and just as damaging. Financial control over a co-parent who is also caring for a child. Isolation from friends and family during and after the relationship. Surveillance through technology. Using the children as leverage. Threatening to pursue or abandon paternity rights as a form of control. Threatening immigration status. Using the court system to file repeated motions, making false allegations against the victim parent. All of these are now legally recognized as domestic violence in Arizona family court. If your experience with the other parent of your child includes any of these patterns, regardless of whether you were ever married, coercive control may be part of your case. ## One Critical Difference for Unmarried Parents: Paternity Must Be Legally Established First ### Important for unmarried mothers An unmarried father in Arizona has no automatic legal rights to a child simply because he is the biological father. Before an unmarried father can petition a court for legal decision making or parenting time, and before he can invoke any parenting rights at all, he must first establish legal paternity and have those rights recognized by a court. Here is something that applies specifically to cases involving unmarried parents and that every mother in this situation needs to understand. This matters in a domestic violence context for a specific reason. An unmarried father who has committed domestic violence cannot simply appear in court and demand parenting time. He must first file a paternity action and establish his legal standing as a parent. Only then can the court address legal decision making and parenting time. And when it does, if domestic violence is present, the Alec and Lydia Act mandatory presumption applies immediately. What this means practically: if you are an unmarried mother and the father of your child has not yet established paternity through the courts, he currently has no legal right to demand parenting time or legal decision making. If he files a paternity action and domestic violence has been part of your relationship, you raise the Alec and Lydia Act at that proceeding. The mandatory presumption applies from the moment the court is asked to make any kind of parenting decision. If paternity has already been established and there is an existing parenting order, the Alec and Lydia Act applies to any modification of that order. Under A.R.S. § 25-411(L), domestic violence allegations are a primary factor in modification proceedings and the mandatory presumption carries forward. ## What to Do If You Are an Unmarried Parent Dealing With Domestic Violence The steps are the same whether you were married to the other parent or not. **Document everything.** Your own testimony, organized and specific, is the foundation of a coercive control case. Text messages, emails, financial records, evidence of surveillance, records of court filings used as harassment, all of it is relevant. The [coercive control checklist](https://www.bestlawaz.com/legal_definition/coercive-control/) on this site walks through every category of behavior the law now recognizes and helps you identify what evidence may exist. **Understand the paternity status in your situation.** If paternity has not been legally established, know that the other parent currently has no court-recognized parenting rights. If it has been established, know what your existing order says and how the Alec and Lydia Act changes the analysis for any modification. In many domestic violence situations the abusive parent uses the threat of litigation as control. Understanding your legal position before they file, or before you need to file to protect your child, may put you in a significantly stronger position. It needs to be carefully considered. **Come in with your story.** A consultation with me, Tali, is where this conversation starts. You do not need to have everything figured out before you call. You need your story, and I will help you understand what the law means for your specific situation, including whether the behaviors you have experienced qualify as domestic violence and coercive control under Arizona’s current definition and what that means for your child. ## Children Matter in Arizona The Alec and Lydia Act was named for two children. Its protections exist for all children in Arizona whose safety is at risk when a court makes parenting decisions, regardless of whether their parents were ever married. If you are an unmarried parent and domestic violence and coercive control have been part of your relationship with the other parent of your child, the law changed on June 22, 2026. The mandatory presumption that protects married parents also protects you equally. We have practiced family law exclusively in Arizona for nineteen years. We handle parenting cases for married and unmarried parents. We understand the specific legal landscape for co-parents who were never married and the particular dynamics that domestic violence creates in those cases. Your story is enough to start. We are here when you are ready. We can help. ## On this page [What the law requires in any parenting case](#what-the-law-requires-in-any-parenting-case)[What coercive control means for unmarried parents](#what-coercive-control-means-for-unmarried-parents)[One critical difference for unmarried parents](#one-critical-difference-for-unmarried-parents-paternity-must-be-legally-established-first)[What to do now](#what-to-do-if-you-are-an-unmarried-parent-dealing-with-domestic-violence)[Children matter in Arizona](#children-matter-in-arizona) ## Need help? If domestic violence, paternity, child safety, or coercive control is part of your unmarried-parent case, talk with Tali before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If you are an unmarried parent dealing with domestic violence, coercive control, paternity, or parenting time issues in Arizona, a focused consultation can help you understand what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She is a former Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [What the Alec and Lydia Act Means for Your Arizona Divorce](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** Arizona family court changed on June 22, 2026. If you are going through a divorce or a parenting dispute where domestic violence is part of your story, what the court is required to do is fundamentally different from what it was required to do last week. **Content:** Alec and Lydia Act Series | Article 2 of 6# What the Alec and Lydia Act Means for Your Arizona Divorce What changed for Arizona divorce and parenting cases involving domestic violence. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) Arizona family court changed on June 22, 2026. If you are going through a divorce or a parenting dispute where domestic violence is part of your story, what the court is required to do is fundamentally different from what it was required to do last week. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), House Bill 2995, is now law. It rewrites the rules for how Arizona family courts handle domestic violence in cases involving children. This article explains what changed, what it means for you, and what you are now entitled to expect from the court. We are not going to bury this in legal language. You deserve to understand it clearly. If you have any questions, give us a call and schedule a consult. ## What the old law did and where it fell short Before June 22, 2026, Arizona law recognized domestic violence as a factor in parenting decisions. It created a presumption against giving [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) authority to a parent who had committed domestic violence. That was a meaningful protection in theory. In practice it had real gaps. The presumption applied only to [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) which was the authority to make major decisions about a child’s education, health care, and upbringing. It did not automatically extend to [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), the actual time where a child was with the abuser. Courts had significant discretion. They didn’t have to make any mention or findings in cases in temporary orders and domestic violence. Judges could hear domestic violence evidence and still award parenting time to the abuser without making any written findings explaining their reasoning. The burden fell heavily on the victim to prove not just that abuse occurred but that it was serious enough, frequent enough, and recent enough to justify restrictions on the abuser’s access to children. We have practiced family law in Arizona for nearly twenty years. We have seen what that judicial discretion looked like in real life. It has been painful. We have sat with clients who came to court as victims of domestic violence and watched judges make decisions without understanding any impact on little children who had to alone with an abuser. Sometimes, the courts didn’t even understand that facts as presented were the definition of domestic violence (coercive control). We have fought those fights. We will keep fighting them. But now we are fighting with a statute behind us that did not exist before. ## What the Alec and Lydia Act changes ### The presumption includes parenting time Under the new Alec and Lydia Law, when a court finds that a parent has committed domestic violence, there is a mandatory presumption that awarding [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to that parent is contrary to the child’s best interests. Both. Not just legal decision making. The parent who committed domestic violence starts from a position of no parenting time and no decision making rights until and unless they overcome that mandatory legal presumption with clear and convincing evidence. That is a significant shift. It means the beginning position for an abusive parent is no legal rights to their children. ### The court must now make written findings Under the old law judges were not required to put their domestic violence reasoning in writing. They could literally ignore it in a temporary orders hearing. They could hear the evidence and enter an order without explaining how they decided what they ordered. That left victims with no clear record of what the court found or why or a reason to appeal in some cases. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) requires the court to make specific written findings any time domestic violence is alleged including in temporary orders. The judge must describe the evidence, explain whether the presumption applies and why and explain what protective measures are in the child’s best interests. If the court finds domestic violence occurred and still awards [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) it has to explain that in writing too. Written findings matter because they create a record. They hold courts accountable. And they give victims something concrete to work with if the ruling needs to be challenged. ### The court can no longer require you to prove the abuse was bad enough One of the most painful experiences for domestic violence survivors in family court has been being asked to prove that what happened to them was serious enough to matter. Was it significant ? Was it frequent enough? Was it severe enough? Was it recent enough? The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) prohibits courts from requiring victims to meet that kind of threshold. The fact that domestic violence occurred is the starting point. The court cannot dismiss it because it decided the abuse was not bad enough. ### Your child’s preference for the abusive parent is no longer relevant Children who grow up in homes with domestic violence often love the abusive parent. That is not a failure of the child. It is what children do. Under the old law a child’s stated preference to spend time with the abusive parent could be considered by the court and sometimes used to justify maintaining or increasing the abusive parent’s access to the child. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) makes the child’s preference for the abusive parent expressly irrelevant to the domestic violence analysis. The court must protect the child. The child’s wish to maintain contact with the abusive parent does not override that obligation. ### Mutual combat is no longer an easy out Under the old law, if a court found that both parents had committed domestic violence the presumption did not apply to either of them. That provision was used far more broadly than it was ever intended. Abusive parents argued that any act of self-defense or any reactive response to abuse by the victim constituted “mutual domestic violence”, which cancelled out the presumption entirely. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) closes that gap. Courts can no longer call violence mutual unless the evidence shows that both parents had the same motivation, lacked justification to a similar degree, and inflicted comparable harm. Self-defense is not mutual combat. A victim’s reactive responding to abuse is not the same as an abuser initiating it. The law is now much clearer to protect the victim. ### Coercive control is now domestic violence This may be the most significant expansions in the new law. Arizona now legally recognizes coercive control as domestic violence for family court purposes. Coercive control is not always physical. It is not always recognizable. It is a pattern of behavior designed to dominate, isolate, and control another person. It includes financial monitoring and control, isolation from friends and family, stalking and surveillance, threats, demeaning conduct, threats to report someone to immigration authorities, and using family court itself as a weapon such a filing false or frivolous claims to force the other parent to defend themselves or to restrict their activity. Calling the police for “welfare” checks. Putting tracking devices on cars and computers. (also stalking). If you were told before that what happened to you did not qualify as domestic violence because it was not physical, that may have changed. A consultation with Tali is the right place to ask these questions. ## What the abusive parent must now prove to get any parenting time Once a court finds domestic violence, the abusive parent bears the burden of overcoming the presumption. And the standard is different depending on what they are asking for. To get unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or any [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) authority, the abusive parent must overcome the presumption by clear and convincing evidence. That is a high standard. It requires more than completing a program and showing up to court looking allegedly reformed. To get even supervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), the abusive parent must overcome the presumption by a preponderance of the evidence. That is a lower standard but it is still a real burden. Supervised parenting time is no longer a given. A certificate of completion from a domestic violence treatment program is not enough on its own. The court must see demonstrated insight into how the violence harmed the child and the other parent. It must see transparency and the abusive parent must waive privilege so the court and the victim can see the treatment records. Checking a box and completing a course does not rebut the presumption anymore. ## What this means if you are in a case right now If you are currently in a divorce or a parenting dispute where domestic violence is an issue, the law that applies to your case changed on June 22, 2026. Courts are required to operate under the new framework for any proceeding going forward. If you have been going through this process and feeling like the court was not hearing you, or like the evidence you brought was being minimized, or like the system was not connecting what happened to you with what should happen to your children, understand that the law has changed. The law changes what the court must do. We cannot tell you on a web page exactly how the new law applies to your specific situation. Every case is different. What we can tell you is that this is a conversation worth having with an attorney who understands domestic violence, who has been fighting these cases for nearly twenty years, and who will listen to your story without minimizing it. A consultation with Tali is where that conversation starts. She handles every new client consultation personally. She will tell you honestly what the law means for you and your children. ## On this page [What the old law did and where it fell short](#what-the-old-law-did-and-where-it-fell-short)[What the Alec and Lydia Act changes](#what-the-alec-and-lydia-act-changes)[What the abusive parent must now prove to get any parenting time](#what-the-abusive-parent-must-now-prove-to-get-any-parenting-time)[What this means if you are in a case right now](#what-this-means-if-you-are-in-a-case-right-now) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** For a long time in Arizona family court, domestic violence evidence was presented, heard, and then often did not change parenting time decisions. Judges had broad discretion in how they weighed it, whether they connected it to the parenting analysis, and whether they put any of their reasoning in writing. That discretion produced inconsistent outcomes. It produced outcomes that did not always protect children. And it produced orders that victims had no real way to challenge because there was nothing written down to challenge. **Content:** Alec and Lydia Act Series | Article 3 of 6# What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children A practical explanation of what Arizona judges must now do when domestic violence is alleged in a divorce or parenting case involving children. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) For a long time in Arizona family court, domestic violence evidence was presented, heard, and then often did not change [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) decisions. Judges had broad discretion in how they weighed it, whether they connected it to the parenting analysis, and whether they put any of their reasoning in writing. That discretion produced inconsistent outcomes. It produced outcomes that did not always protect children. And it produced orders that victims had no real way to challenge because there was nothing written down to challenge. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), effective June 22, 2026, changes that. It narrows judicial discretion in domestic violence cases in ways that are specific, mandatory, and enforceable. This article explains what judges are now required to do and what they are no longer permitted to do when domestic violence is alleged in a case involving children. If you are a victim of domestic violence going through a divorce in Arizona right now, understanding what the court must do is understanding what you are entitled to. These are not requests. They are legal requirements. ## The court must now treat child safety as the highest priority The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) begins with a public policy declaration that did not exist in Arizona law before. Domestic violence is contrary to a child’s best interests. The safety and wellbeing of the child and the domestic violence victim are the highest priority in any family court proceeding where domestic violence is present. That declaration matters because it sits above the general presumption in Arizona law that frequent and continuing contact with both parents is in the child’s best interests. When there is domestic violence the safety priority overrides the presumption that both parents should have [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The judge can no longer give equal weight to both. Safety comes first. ## The court must make specific written findings This is one of the most significant changes in the new law and one of the most important for victims to understand. Under the old law, judges were not required to make written findings resolving domestic violence allegations before entering a parenting order especially in a temporary orders hearing. A judge could hear testimony about abuse, read police reports, read the [Order of Protection](https://www.bestlawaz.com/what-proof-do-you-need-for-an-order-of-protection-in-arizona/), and then issue a [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) schedule without writing a single word about how any of that evidence was weighed or what it meant for the child’s time with the abusive parent. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) now requires the court to make specific written findings on the record any time domestic violence is alleged and any time the court enters an order addressing [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). Those findings must address at minimum three things. - First, the court must provide a thorough description of the evidence that justified or prevented a finding that domestic violence occurred. Not a summary. A thorough description. The judge must engage with the actual evidence presented. - Second, if the court finds domestic violence occurred, it must explain in writing whether the abusive parent rebutted the mandatory presumption by clear and convincing evidence for unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and preponderance of evidence for supervised parenting time and how. If the abusive parent fails to rebut the presumption and the court is still awarding some form of parenting time, that deviation requires a written explanation. - Third, the court must explain in writing why its chosen protective conditions or its decision not to impose protective conditions is in the child’s best interests. These findings are required in temporary orders too. Not just final orders. If domestic violence is alleged at a temporary orders hearing the judge must make written findings at that stage as well. That is a direct change from prior Arizona law which did not require written findings in temporary orders. Written findings are not just procedural formality. They are accountability. A judge who must write down exactly how the evidence was weighed and exactly why the order serves the child’s best interests cannot simply ignore the domestic violence evidence without analyzing it. And if the findings are inadequate or do not reflect the evidence, they create a record for appeal. ## The court must apply a mandatory presumption against the abusive parent When the court finds that a parent has committed domestic violence, the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) imposes a mandatory rebuttable presumption. That presumption says that awarding [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to the abusive parent is contrary to the child’s best interests. Mandatory means the judge does not have discretion to skip it. The presumption applies. Period. The abusive parent starts from a position of no [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and no decision making rights. The only path forward for that parent is to overcome the presumption with evidence meeting the applicable legal standard. This is different from the old law in two important ways. First, the old presumption applied only to [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/). Parenting time was a separate analysis where courts had much more discretion to award access even after a domestic violence finding. The new law brings [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) inside the presumption. Second, the presumption is now expressly described as mandatory. Courts cannot treat it as optional or discretionary. ## The court must apply the right standard of proof for each type of relief The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) creates a two-tiered system for what the abusive parent must prove to receive any access to the child. To obtain sole or joint [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/), or unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), the abusive parent must overcome the presumption by clear and convincing evidence. This is a demanding standard. It requires substantially more than a preponderance. It requires that the evidence make the claim highly probable, not just more likely than not. To obtain even supervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), the abusive parent must overcome the presumption by a preponderance of the evidence. That is a lower bar but it is still a real burden. Supervised parenting time is not a default middle ground that the court can award without the abusive parent earning it. The practical effect is that if the abusive parent cannot meet the applicable standard the court cannot award any [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). Not supervised. Not unsupervised. Not any. The default position after a domestic violence finding under the new law is no parenting time at all until the presumption is rebutted. ## The court must evaluate rebuttal evidence rigorously When an abusive parent attempts to rebut the presumption the court is now required to consider a specific set of factors with a level of rigor that did not exist under the old law. The court must consider the severity and frequency of the domestic violence, including whether physical injury occurred, whether emotional trauma resulted, whether a firearm was used, whether strangulation occurred, and whether multiple forms of coercive control were present. The court must consider the extent to which the abusive parent denied, minimized, or deflected responsibility for the domestic violence not just in a treatment program but in discovery, in the courtroom, and throughout the proceedings. A parent who completed a program but spent the litigation denying that abuse ever occurred has not demonstrated the insight required for rebuttal. The court must consider whether the violence was so severe or so frequent that the passage of time alone is not a mitigating factor. Time passing is not the same as change occurring. The court must consider whether the child has imitated any of the abusive parent’s behaviors. Children who have witnessed or experienced domestic violence sometimes repeat those behaviors. That is evidence the court must now analyze directly. ## The court cannot accept a certificate of completion as proof of rehabilitation Under the old law, completing a batterer’s intervention program or an anger management course could be sufficient to rebut a domestic violence presumption. Show up, complete the hours, get the certificate, and come back to court. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) changes that. A certificate of completion alone is no longer proof of rehabilitation. The court may not treat it as such. For a treatment program to support rebuttal of the presumption the abusive parent must provide several things alongside the certificate. They must waive privilege and allow the court and the victim access to the treatment records. The program must have been relevant and proportionate to the actual domestic violence that occurred, not a generic anger management course when the conduct was coercive control and financial abuse. And the abusive parent must demonstrate genuine understanding of how their behavior harmed the child and the other parent. Checking boxes after a class does not rebut the presumption anymore. Demonstrated insight, transparency, documented evidence and accountability are now legal requirements. ## The court cannot automatically determine that domestic violence is “mutual” Under the old law, a finding that both parents committed domestic violence meant the presumption did not apply to either of them. That provision could have been exploited. Abusive parents argued that any act of self-defense, any reactive response to abuse, any moment of conflict made the dv “mutual” and cancelled the entire protection the presumption provided. It is common for the victim of dv to react and defend but that does not make the victim an abuser. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) closes that path. The court cannot describe domestic violence as mutual unless the evidence establishes that both parents lacked justification to a similar degree and inflicted comparable harm. Self-defense is not mutual combat. A victim responding to an attack is not the same as an abuser initiating one. If one parent’s conduct was provocative, more serious, more frequent, or more harmful, the presumption applies against that parent regardless of whether the other parent also has some reaction or action of self-defense. ## What the court can no longer consider: The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) expressly prohibits the court from treating certain factors as relevant to the domestic violence analysis. These prohibitions exist because these factors were routinely used before to minimize the impact of domestic violence findings. - The court cannot treat the child’s absence from the scene of domestic violence as a reason to discount the domestic violence or its effect on the child. Children do not have to witness abuse for abuse to harm them. - The court cannot treat the child’s unawareness that domestic violence occurred as a mitigating factor. A child who was asleep when the abuse happened is not an unaffected child. - The court cannot accept the child’s preference for maintaining or increasing contact with the abusive parent as relevant to the domestic violence analysis. Children love their parents, often even if they are abusive. That is not evidence that the abuse did not occur or that access is safe. ## The court cannot order joint treatment with the victim The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) expressly prohibits the court from ordering a victim whether a child or a parent to participate in any inpatient or outpatient treatment, counseling, or forensic assessment jointly with the perpetrating parent. This prohibition covers all modalities and all formats including virtual sessions and telephone sessions. Reunification therapy, joint forensic evaluations, and shared treatment programs are all prohibited when domestic violence is present. The court cannot use these tools to force a victim into a therapeutic relationship with the person who harmed them. ## What this means for you If you are in a case right now where domestic violence has been alleged or found by a court, these are strict guidelines. They are legal requirements that courts must follow as of June 22, 2026. The court cannot skip the written findings. It cannot ignore the presumption. It cannot accept a certificate of completion and move on. It cannot label self-defense mutual combat. It cannot use your child’s love for the abusive parent against you and against their self-interest or safety. We have practiced family law in Arizona for nearly twenty years. We have presented domestic violence evidence to courts in cases where the old law left too much to discretion and too many children and victims were unprotected. We have advocated for children in domestic violence cases for almost 2 decades. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) codifies into the statute what we have always believed and always argued. If you are wondering whether this law applies to your situation, or whether what happened to you qualifies as domestic violence under the new definition, or whether your current case is being handled correctly under the new requirements, that is exactly what a consultation with Tali is for. She handles every new client consultation personally. She will listen. She will tell you honestly where things stand and how the new law applies to you and your children. ## On this page [The court must now treat child safety as the highest priority](#the-court-must-now-treat-child-safety-as-the-highest-priority)[The court must make specific written findings](#the-court-must-make-specific-written-findings)[The court must apply a mandatory presumption against the abusive parent](#the-court-must-apply-a-mandatory-presumption-against-the-abusive-paren)[The court must apply the right standard of proof for each type of relief](#the-court-must-apply-the-right-standard-of-proof-for-each-type-of-reli)[The court must evaluate rebuttal evidence rigorously](#the-court-must-evaluate-rebuttal-evidence-rigorously)[The court cannot accept a certificate of completion as proof of rehabilitation](#the-court-cannot-accept-a-certificate-of-completion-as-proof-of-rehabi)[The court cannot automatically determine that domestic violence is “mutual”](#the-court-cannot-automatically-determine-that-domestic-violence-is-mut)[What the court can no longer consider:](#what-the-court-can-no-longer-consider) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [Coercive Control Is Domestic Violence in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** For years, many survivors of domestic violence were told that what happened to them did not qualify. There were no broken bones. No emergency room visits. No police report. The abuse was real, it was constant, it was suffocating, it changed every aspect of their daily life but it was not physical in a way that fit the legal definition. And so the court could not fully address it. **Content:** Alec and Lydia Act Series | Article 4 of 6# Coercive Control Is Domestic Violence in Arizona Coercive control is now part of Arizona's domestic violence framework for family-law parenting cases. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) For years, many survivors of domestic violence were told that what happened to them did not qualify. There were no broken bones. No emergency room visits. No police report. The abuse was real, it was constant, it was suffocating, it changed every aspect of their daily life but it was not physical in a way that fit the legal definition. And so the court could not fully address it. That changed on June 22, 2026. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) now includes coercive control in Arizona’s legal definition of domestic violence for family law court. For the first time in Arizona, a pattern of behavior designed to dominate, control, isolate, and harm a partner is recognized as domestic violence. If you have been a victim of coercive control, you have been a victim of domestic violence. ## What is coercive control? Coercive control is not a single incident. It is a pattern. It is the accumulation of behaviors over time that take away a person’s freedom, autonomy, and sense of safety. People who live with an abuser of coercive control might not always easily recognize it as abuse because there is no single dramatic moment. There is just an ever-tightening grip on every aspect of their personal and professional life. Arizona law now defines coercive control specifically. It is a pattern of violent, threatening, coercive, or emotionally abusive conduct by one spouse (or partner) against the other. It includes but is not limited to: ### Physical and sexual violence Sexual or other physical assault is coercive control. ### Threats Threatening to kill or injure a person, including threatening to harm oneself or a household pet. Pets are often used as leverage against victims. Threatening the family dog is a form of coercive control under the new law. Pets are sometimes abused or neglected. ### Using weapons as a threat Displaying, accessing, assembling, or cleaning a firearm or other dangerous weapon in the other parent’s presence in circumstances that imply a threatened use. The weapon does not have to be pointed at anyone. Cleaning it on the kitchen table while the victim watches is enough if the circumstances make the threat clear. ### Confinement and restriction Confining the other parent or using words or actions to restrict their freedom of movement or their ability to engage in lawful activity. Locking someone in. Blocking a doorway. Taking away their phone. Asking them invasive questions constantly about their whereabouts and who they have seen and talked with. Preventing them from leaving the house. Controlling where they go and when. Controlling who they talk with. Demanding access to your phone and texts. Hacking into your email or opening your mail. ### Isolation Isolating the other parent from friends and family. Cutting off friend relationships. Making it difficult or impossible to maintain connections outside the home. Isolation is one of the earliest and most reliable warning signs of an abusive relationship. It leaves the victim without a support system and more dependent on the abuser. Disparages friends and family. Drives a wedge between you and your family and friends. Takes away your money and ability to socialize. Disparages and criticizes you so you develop low self-esteem. ### Financial control Monitoring or regulating financial activity, economic resources, or access to services. Controlling the bank accounts. Requiring the other parent to ask permission to spend money. Denying access to funds. Sabotaging employment. Financial control is one of the most common forms of coercive control and one of the hardest to deal with because it removes the practical means to leave the relationship. ### Stalking and harassment Stalking or harassment in any form. Following. Showing up uninvited. Constant unwanted contact. Monitoring movements. Tracking your car and your computer. Secretly recording your home. Installing secret cameras. Hacking into your computer and emails. ### Surveillance and tracking technology Using surveillance or tracking technology to facilitate or aggravate any coercive behavior. Tracking devices on cars. Spyware on phones or computers. Monitoring emails. Accessing accounts without permission. Technology has made surveillance easier and more invasive than ever. The law now names it explicitly. ### Demeaning conduct Demeaning, degrading, or humiliating words or actions. Constant criticism. Public humiliation. Contempt. The slow erosion of a person’s sense of self-worth is abuse even when it leaves no visible mark. Embarrassing you in public in front of family and friends. Exploding over small details. Making you think you are nothing without them. ### Threats to expose or embarrass Threatening to publish sensitive information including sexually explicit material of the other parent or a member of their family. This is sometimes called revenge porn or image-based abuse. The threat alone is coercive control. The act does not have to happen. ### Threats involving law enforcement or immigration Threatening to make reports to law enforcement or actually making the reports. Threatening to call police, child protective services, or immigration authorities as a way to control or punish. Jeopardizing the immigration status of the other parent or a member of their family. These threats are particularly powerful against victims who have reason to fear those agencies, and abusers use them deliberately. ### Using the court system as a weapon This provision deserves specific attention because it names something that has been happening in family courts for years without a legal framework to address it. Threatening, initiating, or using civil or family law litigation to force the other parent to defend against a claim that is false or frivolous, or to regulate or restrict the other parent’s lawful or constitutionally protected activity, is now coercive control under Arizona law. Some abusers will lie to the court to impugn the character or attempt to professionally embarrass the victim. Often the fabrications and threats extend to the attorney for the victim. We have watched this happen. An abuser files motion after motion not to resolve a real legal dispute but to exhaust, punish, financially deplete and control the victim. They drag their former partner back to court repeatedly. They file false allegations. They use discovery as harassment. They force the victim to spend money, time, and emotional energy defending themselves against claims the abuser knows are baseless. The goal is not a court order. The goal is control. Arizona law now recognizes this as domestic violence. The court can now see it, name it, and treat it accordingly. ### Forcing a crime Forcing the other parent to commit a crime against their stated wishes. Coercing participation in illegal activity as a form of control or as leverage. ### Damaging property Damaging property owned or lawfully possessed by the other parent or a member of their family. Destroying belongings, vehicles, or the home is not just property damage. It is a message about power and the willingness to use it. ## Why this definition matters for your case Before June 22, 2026, a victim who had lived through years of financial control, isolation, surveillance, and demeaning treatment could walk into a family court and struggle to have that experience recognized as domestic violence in the legal sense. The abuser might say it was just how we managed money, or that they were just protective, or that the victim was too sensitive. And without a physical act that fit the old definition, the court had limited tools to address what had actually happened in that home. Now the court has a framework. Coercive control is domestic violence. A pattern of the behaviors described above even without a single physical incident can trigger the mandatory presumption against the abusive parent under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/). It can support a finding that awarding that parent [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) is contrary to the child’s best interests. This matters for victims who are just now coming forward. It matters for victims who presented evidence in court before and were told it was not enough. It matters for victims who were told what happened to them was not domestic violence. The definition has changed. The law has caught up. ## What coercive control evidence looks like Because coercive control is a pattern rather than a single event, the evidence looks different from a police report or an emergency room record. It is built from the accumulation of smaller documented moments over time. Text messages and emails that show monitoring, threatening language, or controlling demands. Bank records showing restricted access or financial monitoring. Records of welfare check calls placed to law enforcement. Screenshots of tracking applications or surveillance technology. Testimony from friends, family members, or coworkers about isolation or changes in the victim’s behavior. Records of repeated court filings in the same case. Documentation of threats made about immigration status, employment, or the children. None of these is dramatic in isolation. Together they tell the story of what coercive control actually is. Documenting that pattern is the work. We know how to help you do it. ## If you have questions about you and your children We are trauma informed attorneys. We have been practicing family law for nearly twenty years and we have sat with clients who came to us describing experiences they were afraid to call abuse because no one had ever validated that name for what they lived through. If you are reading this list and recognizing your own life in it, that recognition matters. You do not have to decide right now whether it legally qualifies. That is what a consultation is for. Tali handles every new client consultation personally. She will listen without minimizing. She will help you understand what the new law means for your situation and what options are now available to you. You are not alone. If you are a victim of domestic violence, you do not have to live like this. You do not have to have a police report. You do not have to have visible injuries. You do not have to have photographs. The law changed. You deserve to know what that means for you. ## On this page [What is coercive control?](#what-is-coercive-control)[Why this definition matters for your case](#why-this-definition-matters-for-your-case)[What coercive control evidence looks like](#what-coercive-control-evidence-looks-like)[If you have questions about you and your children](#if-you-have-questions-about-you-and-your-children) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** The Alec and Lydia Act changed Arizona law on June 22, 2026. But a new law only protects you if you know how to use it. Understanding what changed is the first step. Knowing what to do with that knowledge is what actually moves your case. **Content:** Alec and Lydia Act Series | Article 5 of 6# If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now A practical next-step guide for domestic violence victims in an Arizona divorce or parenting dispute after the Alec and Lydia Act. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) changed Arizona law on June 22, 2026. But a new law only protects you if you know how to use it. Understanding what changed is the first step. Knowing what to do with that knowledge is what actually moves your case. This article is written for parents who are in a divorce or a parenting dispute right now where domestic violence has been part of their story. This is not a legal analysis of the statute but a practical guide to what you should be doing, what you should be gathering, and what you should be expecting from this process under the new law. You are not alone in this. We have been doing this work for nearly twenty years. Here is what we know. ## Start by understanding that the burden has shifted Under the old Arizona law the burden of proof fell heavily on the victim. You had to prove the abuse was serious enough, frequent enough, significant enough. You had to overcome arguments that the child was not present, that the child did not know, that the child still wanted to see the other parent. You had to prove your case against a system that gave judges wide discretion to minimize what they heard and what safety measures to put in place to protect your child. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) changes all of that and shifts the burden to the abuser. When the court finds domestic violence occurred the abusive parent must now overcome a mandatory presumption that they should have no [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and no [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) rights. The starting position has changed. That does not mean you stop building your case. It means you are building it from a stronger foundation and from a safety perspective that now favors your child. Knowing this before you walk into a hearing changes how you prepare. We have written four other articles in this series that explain exactly what the new law requires, what judges must now do, what coercive control means under the new definition, and the story behind the law itself. Read them. Understanding the legal framework before your first hearing gives you and your attorney a shared foundation to build from. ## Understand what counts as domestic violence under the new law Before you start gathering evidence it helps to understand what you are gathering evidence of. Many victims come to us not knowing that what happened to them has a legal name. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) significantly expanded Arizona’s definition of domestic violence to include coercive control, which means a pattern of behavior designed to dominate, isolate, and control another person even when no physical violence occurred. Coercive control includes financial monitoring and control, isolation from friends and family, surveillance and tracking, threats, demeaning and degrading conduct, threats involving immigration status, welfare check calls placed as harassment, and using family court itself as a weapon by filing false or frivolous claims to exhaust or punish the other parent. It also includes physical and sexual assault, threats to harm you or your pets, displaying or cleaning a firearm in a threatening way, and forcing you to commit crimes. If you read that list and recognized your own life, that recognition matters. You do not have to be certain whether it legally qualifies before you call us. That is exactly what the consultation is for. What we need from you is your story. What you have lived through. We will help you understand what it means under the law. ## Build your timeline first Before you start pulling together individual documents, sit down and write your timeline. Start from the beginning. How you met. What the relationship was like early on. When things started to change. When the first incident happened. How it progressed from there. The pattern of control, the escalations, the incidents you remember most clearly, the ones that are harder to remember but that you know happened. Include dates where you know them and approximate timeframes where you do not. Include what was said, what was done, how you responded, what happened to you physically and emotionally, who else was present or nearby, and what changed in your life as a result of each incident or pattern of behavior. Include the children. What they witnessed. What they may have said. How their behavior changed. This timeline is the backbone of your case. It gives your attorney the full picture before the first hearing. It helps identify which documents to gather and which witnesses to contact. And a written account prepared now, close in time to the events, is far more credible in court than testimony reconstructed from memory months or years later. Do this before your consultation if you can. ## Document everything and start now Domestic violence cases are often decided by testimony, credibility, and documentation. The new law makes it easier to prove that domestic violence occurred — corroboration is no longer required and prior acts evidence is now broadly admissible even if it was previously litigated or predates your current case. But easier does not mean automatic. You still need evidence. Here is what to gather. ### Text messages and emails Screenshots of threatening, controlling, or demeaning communications. Demands about money, your whereabouts, who you talked to or spent time with. Messages monitoring your activity. Threats of any kind. Save everything to a location the other parent cannot access — a separate email account, a cloud drive in your name only, or a device they do not have access to. Do not delete anything, even messages that seem minor in isolation. Patterns are built from small pieces. ### Financial records Bank statements showing restricted access or transactions you did not authorize. Records of accounts you were excluded from. Evidence of an allowance system where you had to ask permission to spend money or account for every purchase. Pay stubs or employment records if your employment was sabotaged or interfered with. Evidence of financial monitoring, including access to your accounts without your permission. Financial control is one of the most common forms of coercive control and one of the hardest to leave because it removes the practical means to do so. Document it. ### Police reports Every report ever filed, even ones where no arrest was made, even ones where you were listed as the aggressor because of what the other parent told police, even reports from years ago. Incidents where police were called for any reason connected to the relationship including wellness checks, disturbances, property damage, or threats. DUI arrests or other criminal incidents involving the other parent during the marriage. Nothing is too old to be relevant if it helps establish a pattern. Under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) prior acts are now admissible even if they predate your current case or were previously litigated. ### Orders of Protection Any [Order of Protection](https://www.bestlawaz.com/what-proof-do-you-need-for-an-order-of-protection-in-arizona/) you have ever obtained against the other parent, whether currently active or long expired. The application you filed, the order itself, any service documents, any records of violations, and any hearings that resulted in the order being continued, modified, or dismissed. Also any orders the other parent obtained against you, which may reflect the dynamic of the relationship and the history of conflict. Orders of Protection create a court record that can establish a documented history of domestic violence going back years. Obtain copies of everything from the court. ### Medical records Emergency room visits, urgent care records, and any records of injuries documented by a treating physician. Visits for anxiety, depression, sleep disorders, or other health conditions that developed or worsened during the relationship. Records of treatment for conditions connected to trauma or chronic stress. If you sought medical care after any incident those records are evidence. Request them from every provider now. Medical records create a documented timeline of harm that is difficult to dispute. ### Counseling records Records from any therapist, counselor, psychologist, or behavioral health provider you have seen during or after the relationship. Session notes, diagnoses, treatment plans, and letters from providers who can speak to the impact of the abuse on your mental and emotional health. If your provider documented what you told them about the relationship those records may be powerful evidence of the pattern and its effects. You control whether to waive privilege and share these records. Discuss with your attorney before releasing anything. ### Prescription records Records of medications prescribed during or after the relationship for anxiety, depression, sleep, pain, or trauma-related conditions. A pattern of new or escalating prescriptions during the period of abuse can support the testimony about its impact on your health. Your pharmacy maintains a full prescription history. Your prescribing physician's records document the clinical basis for each prescription. These records can corroborate the story your timeline tells. ### Witness information Friends, family members, coworkers, neighbors, and anyone else who witnessed abuse, witnessed changes in your behavior or health, saw injuries, or noticed the isolation as it progressed. Anyone you told about an incident at or close to the time it happened — a text to a friend, a call to your sister, a conversation with a coworker the morning after. People who were deliberately cut off from you by the other parent. Write down their names, their relationship to you, and what they know or observed. Contact them now while the details are fresh. Contemporaneous witnesses — people you told at the time — carry particular weight. ### Evidence of coercive control Tracking devices found on your car, phone, or computer. Screenshots of surveillance applications or monitoring software. Records of welfare check calls placed to law enforcement as a harassment tactic. Screenshots of repeated text messages or emails sent to monitor your location or activity. Social media posts or messages that show monitoring, threats, or control. Evidence that the other parent accessed your email, opened your mail, or hacked into your accounts. Records of repeated court filings in your case filed not to resolve a legal issue but to force you back into proceedings and drain your resources. All of it is potentially relevant under the new definition of coercive control. Gather what you have and write down what you cannot yet document. ### Your own written account In addition to your timeline, write a narrative account of what happened. Every incident you remember, in as much detail as you can. What was said and what was done. How you responded. What you felt. What you did afterward. Who you told. How your daily life changed as a result. A written account prepared close in time to the events is more credible and more useful than testimony reconstructed from memory at a hearing months from now. Do not edit yourself. Write everything. Your attorney will help you understand what is most relevant. ## Know what to bring to your first consultation A consultation with Tali is where the strategy starts. To make the most of that conversation bring what you have. You do not need everything organized perfectly. Bring what you can and describe the rest. If you have started a timeline, bring it. The most useful things to bring: any existing court orders including Orders of Protection active or expired, any police reports, your timeline of the marriage and the abuse even if it is rough and incomplete, any communications you have saved that show the pattern, and a clear picture of the children — their ages, their schools, the current parenting arrangement, and your specific concerns about their safety when they are with the other parent. Also bring your honest account of what has happened in any prior court proceedings. If a judge previously awarded the other parent [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) despite domestic violence evidence, Tali needs to know that. If prior proceedings produced orders that left you and your children unprotected, that history matters under the new law. If you went to another attorney and felt unheard, tell her that too. She needs the full picture to give you an honest assessment. ## Understand what your attorney needs from you throughout the case Domestic violence cases under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) are going to require more court time than they did before. The new law demands thorough written findings, rigorous evaluation of rebuttal evidence, and specific analysis of protective conditions. Judges can no longer shortcut the process. That means hearings will take longer and the preparation required is more substantial. Your attorney needs you to be responsive. Return calls and emails promptly. Gather the documents requested without delay. Be honest about the full history including the parts that are complicated or that you are uncertain about. Cases built on a complete and honest record almost always produce better outcomes than cases built on a selective one. Tell your attorney if something changes. If the other parent violates a court order, document it and report it immediately. If your children say something concerning after [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), write it down with the date and the exact words and notify your attorney right away. The new law creates a record that follows the case into any future proceedings. Every documented violation, every concerning statement from a child, every safety incident becomes part of that record. Nothing is too small to note. ## Know what to expect at a domestic violence hearing Under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) every hearing where domestic violence is alleged must now produce specific written findings from the judge. That means your hearing is not over when the judge announces a ruling from the bench. The written findings that follow are equally important. Read them carefully when they are issued. If they do not accurately reflect the evidence that was presented, or if they fail to address the factors the new law requires, discuss that with your attorney immediately. Inadequate findings are grounds for appeal. At the hearing itself you will likely be asked to testify about the history of the abuse. Prepare with your attorney before you walk in. Be specific. Use dates and details where you have them. Describe the pattern, not just isolated incidents. The new law allows the court to consider the full history of domestic violence including prior acts, prior litigation, and evidence of coercive control even if those issues were addressed in a prior proceeding. That full history is your evidence. Present it. If the other parent attempts to rebut the mandatory presumption you have the right to respond to their evidence. A certificate of completion from a treatment program is no longer enough on its own. The court must evaluate whether the program was actually relevant to the abuse that occurred, whether the other parent waived privilege and allowed access to their treatment records, and whether they demonstrated genuine insight into how their behavior harmed you and your children. Your attorney can challenge a rebuttal that does not meet the new standard. And the standard is high. ## If you are not sure where to start Many people who come to us have been living with domestic violence for years before they find their way to a lawyer’s office. Some have tried before and felt unheard. Some were told what happened to them did not qualify as domestic violence. Some have been ignored by attorneys who did not understand what they were describing or did not take it seriously enough. Some are not yet sure what to call what they have lived through. You do not need to have it figured out before you call. You do not need photos or a police report or a perfect timeline. You need your story. What you have suffered. What has happened to you and to your children. That is where we start. Tali handles every new client consultation personally. She is a trauma informed attorney and so are her colleagues. She will listen without minimizing. She will ask the right questions and give you the time you need to answer them. She will help you understand what the new law means for your specific situation, what evidence matters most, and what you can do right now to protect yourself and your children. You are not alone. And you do not have to navigate this by yourself. Read the full series: ## On this page [Start by understanding that the burden has shifted](#start-by-understanding-that-the-burden-has-shifted)[Understand what counts as domestic violence under the new law](#understand-what-counts-as-domestic-violence-under-the-new-law)[Build your timeline first](#build-your-timeline-first)[Document everything and start now](#document-everything-and-start-now)[Know what to bring to your first consultation](#know-what-to-bring-to-your-first-consultation)[Understand what your attorney needs from you throughout the case](#understand-what-your-attorney-needs-from-you-throughout-the-case)[Know what to expect at a domestic violence hearing](#know-what-to-expect-at-a-domestic-violence-hearing)[If you are not sure where to start](#if-you-are-not-sure-where-to-start) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [What Is Domestic Violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** Have you been the victim of domestic violence? **Content:** Arizona Domestic Violence Guide# What Is Domestic Violence in Arizona? Domestic violence in Arizona is broader than physical assault. This page explains the behaviors, relationships, and family-court issues that may matter. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) **No Bruises Required**Threats, control, and fear can matter **13-3601**Arizona's criminal DV statute **HB 2995**Coercive control now matters in family court **Help**Talk with Tali about your facts ## Alec and Lydia Act resources [HubThe Alec and Lydia Act: What Every Arizona Family Needs to Know](https://www.bestlawaz.com/alec-and-lydia-act/)[HB 2995 TextThe Alec and Lydia Act: HB 2995 Statute Text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Definition GuideWhat Is Domestic Violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/)[Criminal StatuteA.R.S. § 13-3601: Arizona Domestic Violence Statute](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/)[Article 1Alec and Lydia: The Tragedy That Changed Arizona Law](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/)[Article 2What the Alec and Lydia Act Means for Your Arizona Divorce](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/)[Article 3What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/)[Article 4Coercive Control Is Domestic Violence in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Article 5If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/)[Article 6The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/) Have you been the victim of domestic violence? Do you know all the behaviors that are defined as domestic violence under Arizona law? It might surprise you to know that the definition is broader than most people think. You may have suffered and suffered significantly but maybe you were never able to give it a name. Or maybe someone told you that what happened to you did not qualify as domestic violence. That what you experienced was not serious enough, not physical enough, not recent enough to matter. We are here to help you understand what Arizona law actually says. We hope this helps. ## First: You Do Not Have to Have Been Hit by the Abuser The most common misconception about domestic violence is that it requires physical assault. It does not. Arizona law defines domestic violence as a long list of specific criminal offenses and many of them have nothing to do with physical contact. Threats. Fear. Harassment. Stalking. Controlling behavior. Surveillance. Financial domination. Using the court system as a weapon. All of these can be domestic violence under Arizona law when they occur in a qualifying relationship such as a husband wife or boyfriend girlfriend. And as of June 22, 2026, the definition expanded further to protect children when domestic violence is in their family. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) added “coercive control” to the legal definition of domestic violence for family court purposes. Arizona now recognizes that a pattern of behavior designed to dominate, control, isolate, and frighten a person is domestic violence even when there is no physical contact. We hope this helps. If you are the victim of domestic violence, you are not alone and you don’t have to live this way. ## Domestic Violence Includes: Physical violence is what most people picture when they hear domestic violence. But even here the definition is broader than many victims realize. ### Assault A.R.S. § 13-1203 Assault in Arizona includes intentionally, knowingly, or recklessly causing any physical injury to another person. Any physical injury. Not serious injury. Not injury requiring medical treatment or visible bruising. Any injury. It also includes intentionally placing another person in reasonable apprehension of imminent physical injury meaning if the abuser acts in a way that makes you reasonably believe you are about to be physically harmed, that is assault under Arizona law even if they never touch you. For instance, if he raises his hand to make you think he might hit you. ### Aggravated Assault A.R.S. § 13-1204 Aggravated assault is assault that causes serious physical injury, involves a deadly weapon or dangerous instrument, or involves strangulation. Strangulation is specifically recognized because research consistently shows it is one of the most significant predictors of future lethal violence in domestic violence cases. If you have been strangled even once, even briefly that is aggravated assault and it is a serious danger indicator that courts now must address under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/). Strangulation is a pre cursor to homicide. ### Sexual Assault A.R.S. § 13-1406 Sexual assault is sexual contact without consent. This includes marital rape. Marriage is not consent. If you have been forced into sexual contact by a spouse or partner, that is domestic violence under Arizona law. ### Criminal Damage A.R.S. § 13-1602 Destroying or damaging property is domestic violence when it occurs in a qualifying relationship. Punching walls. Breaking dishes. Smashing your phone. Destroying your belongings. These acts are not anger management problems. They are criminal offenses and they are domestic violence. They are designed to send a message to you about power and what could happen to you next. ### Child Abuse A.R.S. § 13-3623 Physical abuse or neglect of a child or vulnerable adult is domestic violence. ### Endangerment A.R.S. § 13-1201 Recklessly endangering another person with a substantial risk of imminent death or physical injury is domestic violence. Driving recklessly with you in the car. Creating dangerous conditions in the home. Exposing you or your children to serious physical risk through reckless conduct. ## Threats and Fear Are Domestic Violence This is where Arizona law is most misunderstood and where the most victims have been incorrectly told their experience does not qualify as dv. You do not have to be hurt. You do not have to wait until the violence is physical. The law recognizes that fear itself if it is reasonable fear, the kind a reasonable person in your situation would believe is enough. ### Threatening or Intimidating A.R.S. § 13-1202 Threatening to cause physical injury to another person, or threatening to cause serious damage to their property, or making someone reasonably fear that harm is coming to them or to someone they care about is threatening or intimidating under Arizona law. The threat does not have to be carried out. The threat itself is the crime. If a reasonable person in your position would believe they could be hurt, that is enough. ### Stalking A.R.S. § 13-2923 A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a member of their immediate family. Following you. Showing up uninvited at your home, your workplace, your children’s school. Monitoring your movements. Repeated unwanted contact. Tracing your car. A pattern of behavior not necessarily a single dramatic incident that makes a reasonable person afraid. ### Harassment A.R.S. § 13-2921 A series of acts over any period of time directed at a specific person that would cause a reasonable person to be seriously alarmed or annoyed. This includes contact in person, by phone, by text, by email, by social media. Harassment is about the pattern. Repeated unwanted contact designed to wear you down, frighten you, or make you feel like you cannot escape. ### Electronic Communication to Terrify, Intimidate, Threaten or Harass A.R.S. § 13-2916 Text messages, voicemails, emails, social media messages designed to terrify, intimidate, threaten, or harass you are domestic violence. The medium does not matter. If the communication is designed to frighten or control you it qualifies. ### Interference with Telephone Use A.R.S. § 13-2915(A)(3) Preventing or interfering with your use of a telephone in an emergency is domestic violence. Taking your phone. Blocking you from calling for help. Destroying the phone so you cannot call 911. If you have been prevented from calling for help, that act itself is a crime. ### Unlawful Imprisonment A.R.S. § 13-1303 Knowingly restraining another person, preventing them from leaving. Locking you in. Blocking the door with their body. Preventing you from going to work, leaving the house, or seeking help. Confinement against your will is domestic violence. ### Kidnapping A.R.S. § 13-1304 Knowingly restraining another person with the intent to hold them for ransom, to use them as a hostage, to inflict physical injury, or to terrorize them. More extreme than unlawful imprisonment and carries more serious criminal consequences. ### Custodial Interference A.R.S. § 13-1302 Taking a child in violation of a court order, or removing a child from Arizona without permission. When a parent uses the children as leverage to control the other parent this can qualify as domestic violence. The children are not tools. Using them as weapons is a crime. ### Unlawful Distribution of Images A.R.S. § 13-1425 Sharing or threatening to share intimate images without your consent. Sometimes called revenge pornography. The threat to share them is enough, the images do not have to actually be distributed for this to be domestic violence. ## Coercive Control is Now Part of Definition of Domestic Violence in Arizona as of June 22, 2026 in Family Court Many people who lived through what is now called coercive control were told for years that their experience did not qualify as domestic violence because it was not physical. If the abuser never left a mark, if there was no police report, if the control was financial or emotional or psychological rather than physical, they were told: that is not domestic violence. As of June 22, 2026, Arizona law says otherwise. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) defines coercive control as a pattern of threatening, humiliating, or intimidating actions used to harm, punish, or frighten a person. It is now domestic violence for family court purposes. Here is exactly what the law includes. ### Taking Away Liberty or Freedom A pattern of behavior that takes away a person’s liberty or freedom. Telling you where you can go and when. Requiring you to account for your time. Controlling your schedule, your movements, your daily life. ### Stripping Sense of Self Stripping a person’s sense of self, bodily integrity, and human rights. The systematic destruction of your confidence, your identity, your belief that you have rights and that those rights matter. ### Isolation from Friends and Family Cutting you off from the people who love you. Making it difficult or impossible to see friends. Driving wedges between you and your family. Screening your calls. Monitoring your relationships. Isolation is one of the earliest and most reliable warning signs of an abusive relationship. It leaves you without a support system and more dependent on the abuser. If you look back and see that your world got smaller and smaller the longer you were in this relationship, that is not a coincidence. ### Depriving Independence Taking away the practical means to be independent. Your ability to work, to have money, to make decisions, to exist as an autonomous person. ### Regulating Everyday Behavior Controlling what you wear, what you eat, how you speak, who you talk to, how you parent your children. When every aspect of your daily life is subject to approval or punishment, that is coercive control. ### Financial Monitoring and Control Monitoring, surveilling, regulating, or controlling your finances, economic resources, or access to services or those of your child or relative. Controlling the bank accounts. Requiring permission to spend money. Giving you an allowance and demanding receipts. Sabotaging your employment. Denying you access to money that is legally yours. Financial control is one of the most common forms of coercive control and one of the hardest to leave because it removes the practical means to do so. ### Surveillance and Monitoring Monitoring, surveilling, regulating, or controlling your activities, communications, or movements including through the use of technology or those of your child or relative. GPS trackers on your car. Spyware installed on your phone or computer. Hidden cameras in the home. Monitoring your emails, your text messages, your social media. Checking your location constantly. Demanding to know where you are at all times. Technology has made surveillance easier and more invasive than at any point in history. Arizona law now specifically names it as domestic violence. ### Demeaning and Degrading Conduct Name-calling, degrading, or demeaning you or your child or relative on a frequent basis. Constant criticism. Contempt. Humiliation in private and in public. Being told repeatedly that you are stupid, worthless, a bad mother, ugly, lucky anyone would want you. The slow erosion of a person’s sense of self-worth is abuse even when it leaves no visible mark. ### Threats of Violence Threatening to harm or kill you or your child or relative. This includes threatening to harm or kill themselves when that threat is used as a method of coercion, control, punishment, intimidation, or retaliation. “If you leave me I will kill myself” is coercive control under Arizona law. It is not a cry for help used as a weapon. It is domestic violence. ### Threats to Harm Pets Threatening to harm or kill an animal that you or your child or relative has an emotional bond with. Pets are used as leverage against victims because abusers know how much they mean. The threat to harm your pet is domestic violence. ### Threatening to Display or Clean a Weapon Wearing, accessing, displaying, using, or cleaning a firearm or other dangerous weapon in an intimidating or threatening manner. The weapon does not have to be pointed at you. Cleaning a gun at the kitchen table while you watch in fear is domestic violence. The message is clear even when no words are spoken. ### Threatening to Expose Sensitive Information Threatening to publish sensitive personal information including sexually explicit material of you, your child, or your relative. The threat itself is domestic violence. The images do not have to be shared. The threat to share them is enough. ### Threatening to Report to Law Enforcement Threatening to make reports to law enforcement without reasonable cause. Threatening to call police, Child Protective Services, or immigration authorities as a way to control or punish you. These threats are used deliberately against people who have reason to fear those agencies. ### Threatening Immigration Status Threatening you or your child or relative with deportation. Contacting or threatening to contact immigration authorities based on perceived or actual immigration status. Withholding documents required for immigration. Threatening to withdraw or interfere with an active immigration application or process. This threat is among the most powerful control mechanisms used against victims who are not citizens. ### Using the Court System as a Weapon Threatening, initiating, or using civil litigation including family court proceedings to force you to defend against claims that are false or frivolous, or to regulate or restrict your lawful activity. Filing motion after motion not to resolve a legitimate legal dispute but to exhaust you financially, consume your time, damage your reputation, and punish you for leaving. Using family court as a tool of continued abuse after the relationship ends. Arizona law now specifically names this as domestic violence. If your former partner is using the court system to control and punish you, that behavior has a legal name. ### Damaging Property Damaging property owned or lawfully possessed by you or your child or relative. Breaking things. Destroying belongings. Damaging your vehicle. This is a message about power and the willingness to use it. It is domestic violence. ### Forcing Criminal Activity Forcing you or your child or relative to take part in criminal activities against your wishes. Coercing participation in illegal activity as a form of control or as leverage over you. ### Surveillance Technology Using surveillance or tracking technology to facilitate or aggravate any of the behaviors listed above. The law specifically calls out technology as a tool of coercive control. If technology has been used to monitor, track, or control you, that use is now part of the legal definition of domestic violence in Arizona. ## The Relationship Status for Domestic Violence Not every threatening or harmful act qualifies as domestic violence under Arizona law. To qualify the act must be committed by someone in a qualifying relationship with you. Those relationships are broad: Current or former spouses. People who currently live or have lived together in the same household. People who have a child in common. A person who is pregnant by the other party. Close family members such as parents, grandparents, children, grandchildren, siblings, and specified step-relatives and in-laws. A person who is currently or was previously in a romantic or sexual relationship with you. That last category matters. You do not have to have been married. You do not have to have lived together. A dating relationship even one that ended can qualify. The court looks at the type of relationship, how long it lasted, how frequently you interacted, and if it ended, how long ago. The relationship requirement is broader than most people assume. An ex-boyfriend. A former roommate you were also in a relationship with. A co-parent you were never married to. These relationships are covered. ## What This Means in Your Divorce and for Your Children If domestic violence has been part of your relationship and you are going through a divorce or a parenting dispute in Arizona, the legal landscape changed significantly to protect children on June 22, 2026. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) created a mandatory presumption in Arizona family court: when a court finds that a parent has committed domestic violence, that parent starts with no [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and no [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) authority over your children. The abuser must overcome that presumption with evidence before the court can award any access to the children at all. Courts must now make specific written findings when domestic violence is alleged. The child’s preference for the abusive parent is no longer relevant to the domestic violence analysis. Coercive control, the behaviors described in this article, is part of the domestic violence definition in Family Court. ## If You Are Reading This and Recognizing Your Own Life You do not have to have it figured out before you call. You do not need a police report. You do not need photos or a perfect timeline or certainty about whether what happened to you legally qualifies. You just need your story. Tali handles every new client consultation personally. She and her colleagues are trauma informed attorneys. She will listen. She will help you understand what the law means for you and your children. You are not alone. And you do not have to navigate this by yourself. We are here to help. ## On this page [First: You Do Not Have to Have Been Hit by the Abuser](#first-you-do-not-have-to-have-been-hit-by-the-abuser)[Domestic Violence Includes:](#domestic-violence-includes)[Threats and Fear Are Domestic Violence](#threats-and-fear-are-domestic-violence)[Coercive Control is Now Part of Definition of Domestic Violence in Arizona as o…](#coercive-control-is-now-part-of-definition-of-domestic-violence-in-ari)[The Relationship Status for Domestic Violence](#the-relationship-status-for-domestic-violence)[What This Means in Your Divorce and for Your Children](#what-this-means-in-your-divorce-and-for-your-children)[If You Are Reading This and Recognizing Your Own Life](#if-you-are-reading-this-and-recognizing-your-own-life) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Sources [A.R.S. § 13-3601](https://www.azleg.gov/ars/13/03601.htm)[A.R.S. § 25-403.03](https://www.azleg.gov/ars/25/00403-03.htm) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [Alec and Lydia: The Tragedy That Changed Arizona Law](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** In May of 2024, a mother named Hope Hooton lost both of her children in the most devastating way a parent can lose a child. Her son Alec and her daughter Lydia were shot and killed by their father while he was exercising unsupervised parenting time with them after their divorce. He then took his own life. **Content:** Alec and Lydia Act Series | Article 1 of 6# Alec and Lydia: The Tragedy That Changed Arizona Law The story behind the Arizona law that changed how family courts must treat domestic violence in parenting cases. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) In May of 2024, a mother named Hope Hooton lost both of her children in the most devastating way a parent can lose a child. Her son Alec and her daughter Lydia were shot and killed by their father while he was exercising unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) with them after their divorce. He then took his own life. What made the tragedy even harder to read about was the warning signs, their father had been hospitalized for psychiatric issues. He had reported suicidal thoughts. He had reported homicidal thoughts. He had been granted unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) with his young children. ## What Hope Hooton did next It is a remarkable story of this mom who took her personal pain and turned it into purpose. She knew the law needed a change and she fought for that change. She testified. She showed up. She kept showing up. She told legislators what happened to her children and how the Arizona family court system had failed her children. She advocated for reform to protect children above all else. She did this while carrying a grief that most of us cannot begin to imagine. She did it because she believed that what happened to Alec and Lydia should never happen to another family. She was right. She is to be honored and appreciated for this fight. ## What Arizona did On June 22, 2026, Governor Katie Hobbs signed House Bill 2995 into law. It is called the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/). It is effective immediately. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) is the most significant overhaul of Arizona family court domestic violence law in recent memory. It changes what judges must find, what they must write down, what they must presume, and what they can no longer ignore when domestic violence is present in a case involving children. It does not bring Alec and Lydia back. Nothing does that. But it changes what happens in Arizona courtrooms from this day forward when a parent comes to court as a victim of domestic violence and needs protection for their child. ## Why this matters to us At Best Law Firm we have practiced family law exclusively for nearly twenty years. In those years we have sat across from parents, most often mothers, but sometimes fathers who came to us as victims of domestic violence and fear for their children. We have presented domestic evidence to courts time and time again to help protect the victim and the children. We have experienced that courts struggle to connect domestic violence to child safety. The victim gets a divorce but the children are then with the abuser for [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). We have always believed that domestic violence and child safety are the same issue. A child who lives in a home where one parent controls, threatens, isolates, or harms the other parent is not a safe child. A child who is handed to that parent for unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) is not a safe child. That belief is not new to us. We have held it and fought for it for as long as we have practiced. What is new is that Arizona law now says the same thing. Out loud. In a statute. Mandatory findings from judges. Judges must now make written findings when domestic violence is alleged. They must apply a mandatory presumption against awarding any [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to a parent who has committed domestic violence. They must treat the safety of the child and the victim as the highest priority and above the general presumption that both parents (including the abuser) should have frequent and continuing contact with the child. For nineteen years those were our arguments. Now they are the law. ## What this means for families going through a divorce in 2026 Arizona If you are in the middle of a divorce or a parenting dispute and domestic violence has been part of your story, the law changed on June 22, 2026. What the court must do, what the court must find, and what the court must write down are all different now than they were a week ago. If you have been afraid to come forward because you did not think the court would listen, or because you were told before that what happened to you did not qualify as domestic violence, or because a prior court proceeding left you feeling unheard, know that the law has changed. Coercive control is now domestic violence in Arizona. The court can no longer require you to prove that the abuse was severe enough or frequent enough to justify protection. The burden has shifted to the abuser. We understand what it takes to walk into a lawyer's office and tell your story. We have heard those stories for nineteen years. We do not take that trust lightly. A $100 consultation with Tali is where this conversation starts. She will listen. She will tell you honestly what the law means for your situation. Tali, along with other attorneys in our office are trauma informed. And Tali will help you understand how to protect yourself and your children. ## The mother, Hope Hooton, could not have known When Hope Hooton walked into the Arizona State Capitol she was one mother carrying an unimaginable loss. She could not have known how many families she would reach. She could not have known how many children would be safer because she refused to let Alec and Lydia's deaths be only a private tragedy. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) is her work. It is named for her children. And every family in Arizona that benefits from its protections going forward is part of the legacy she built from the worst days of her life. We are grateful she fought. We will fight alongside the law she helped create. ## On this page [What Hope Hooton did next](#what-hope-hooton-did-next)[What Arizona did](#what-arizona-did)[Why this matters to us](#why-this-matters-to-us)[What this means for families going through a divorce in 2026 Arizona](#what-this-means-for-families-going-through-a-divorce-in-2026-arizona)[The mother, Hope Hooton, could not have known](#the-mother-hope-hooton-could-not-have-known) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [The Alec and Lydia Act: Does It Apply to Your Case? What We Know, What We Believe, and Why.](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/) **Published:** July 15, 2026 **Author:** Cindy Best **Content:** Alec and Lydia Act | Application Guide# The Alec and Lydia Act: Does It Apply to Your Case? What We Know, What We Believe, and Why. What we know, what we believe, and why the law should apply to cases heard after June 22, 2026. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins and Cynthia L. Best | Best Law Firm | Last reviewed: July 2026 The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) went into effect on June 22, 2026. Since that day the most common question we hear from parents is this: my case was already in the court pipeline when this law went into effect. Does it apply to my family? We believe that it does. We believe that the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) should govern every court case that is heard after June 22, 2026, no matter when the case was filed. Most notable in our research on this issue is the opinion by the bill’s sponsor, Rep. Lisa Fink, who responded to us in writing: Question: "Did you mean for the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) to apply to family law cases in the pipeline and those filed prior to June 22, 2026?" Representative Fink: “It should apply to ALL cases.” There is no ambiguity in that statement. This is the bill's sponsor confirming legislative intent directly. The legislature also made clear the urgency of this protection by waiving the standard ninety-day waiting period that normally applies before a new Arizona law takes effect. Instead, the legislature added an emergency clause, making the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) effective the moment Governor Katie Hobbs signed it on June 22, 2026. A legislature that waives ninety days to protect children immediately is not a legislature that intended its protections to apply only to cases filed after a particular date. Everything else in this article including the statutory analysis, the 2013 parallel, the text of [A.R.S. § 25-411](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(L), the legislative history and the public policy argument is the legal foundation that supports what Representative Lisa Fink has now confirmed. Courts should apply the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) to protect children in every case before them. The sponsor of the law intended this outcome. The text of the law says so explicitly. The history behind the law says so. That is definitive. The sponsor of this law carried it through four public hearings, a floor debate, and a unanimous vote, and has confirmed directly what it means: ALL family court cases. (emphasis added) This is not retroactivity. No one is arguing “do overs.” We are arguing that the courts have a duty to protect children in all cases in their courtroom by applying the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) after June 22, 2026. We believe that the courts have an ongoing duty to protect children and that duty does not depend on filing dates; it depends on the law on the day the court is making its decision. So, we believe that the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) applies to every parenting case in front of an Arizona court from June 22, 2026 forward, regardless of when the case was filed or when any prior orders were entered. Independent legal practitioners writing about the Act have also described HB 2995 as having deleted nearly all of the prior [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/) and replaced it with an entirely new framework. That argument favors governing cases under the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) now. What this law means for your specific family depends on where your case stands right now. It also depends on a host of other facts. But the legal foundation for the analysis starts here. ## The Blueprint for Child Safety and Abused Parents in Domestic Violence Cases We recognize that applying the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) to pending cases is really not an either or legal position. In fact, choosing to use it or not based on a filing date is probably an incorrect way to go about thinking about this. It is not a choice between the old law and the new law. It is a mandate to use a blueprint that dozens of legislators, judges, attorneys, [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) experts, and families spent a year building together specifically to help courts do what they have always had the authority to do. (yes, it is mandatory but the safety measures have always been available). Courts have always been able to restrict [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) when a child was at risk. Courts have always been able to order treatment for an abusive parent. Courts have always had the ability to protect the victim parent from co-parenting with their abuser. Courts have always been able to analyze their reasoning in writing. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) did not change any power the court already had, it did not impose new rules for abusive parents that the court did not already possess. No one should be surprised about any of these guardrails. The legislature gave the courts the benefit of their knowledge in a clearly written blueprint, a carefully constructed framework for protecting children and abused parents in exactly the situations where protection matters most. We should all be grateful for that instructive blueprint. And we believe that when courts consider this question they will conclude that the Alec and Lydia Act helps them help keep children safe. And it helps them help the abused parents. It is a roadmap that makes the way clear and consistent for everyone. ## What the Alec and Lydia Act Amended Remember how this began. Hope Hooton lost both of her children on May 20, 2024 when their father shot and killed them during his court-ordered unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The red flags were there. The father had been hospitalized on a psychiatric hold and had a documented history of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/). He had violated a protective order. Hope Hooton spent the next two years turning her tragedy into purpose. She testified before the Arizona Legislature. She worked tirelessly with so many others, including the bill’s sponsor, Lisa Fink, to write and get this bill passed. Before June 22, 2026 Arizona family courts had broad discretion when there was an allegation of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/). A judge could find domestic violence occurred and still award the abusive parent joint [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and equal [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). There were no mandatory presumptions. (The court could have made this presumption before the Act.) No required written findings for temporary orders. But a court could have issued a written analysis. There was no special statutory recognition of [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) as domestic violence, but it has always been domestic violence. The old laws left too much to judicial discretion and too many children were unprotected. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) amended that framework. Here is what the law now requires. When a court finds that [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) occurred: "There is a mandatory rebuttable presumption that an award of [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to the parent who committed the act or acts of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) is contrary to the child’s best interests." [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(F). And if that presumption is not rebutted: "The court shall not grant joint [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or sole legal decision-making authority to that parent" and "shall impose restrictions on the manner and frequency of that parent’s interactions with the child." [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(H). Shall not. Shall impose. Mandatory. The court has no discretion about whether to protect children when there is a presumption. Courts must also make specific written findings at every stage including temporary orders hearings when [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) is alleged. [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(B). Coercive control is now part of the definition of domestic violence. A.R.S. § 25-403.03(L). Financial abuse, isolation, surveillance, threats, and weaponizing the court system are all included. One provision matters enormously for families with existing cases or cases in the pipeline. "The court may not refuse evidence of a collateral act or acts of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) on the grounds that the alleged act or acts of domestic violence or a related legal claim has been decided, predates the last decree or could have been litigated at another time or place." [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(E) What can no longer be excluded? The history that was never told. The strangulation no one mentioned at the first hearing. The financial control that was never named. The [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) that no court ever heard. All of it is now admissible. The old rule penalized victims for what prior counsel failed to present or didn’t know how to present. Or maybe the victim didn’t have counsel and didn’t know how to tell the court about it. ## We Believe the Act Applies to Every Case In Front of the Court After June 22, 2026 Our argument rests on seven independent foundations. Any one of them is sufficient. Together they are conclusive. The legislative intent is confirmed by the bill's sponsor. The public policy of Arizona mandates child safety above all. Arizona family law requires courts to apply current law to every parenting determination. The language in the Act mandates that it applies to existing orders. Arizona courts have applied amendments to this same statute immediately since 2013. The Act intentionally omitted a savings clause. And the Arizona Supreme Court has held that procedural circumstance cannot override the paramount obligation to protect children. ### 1. Legislative Intent: Lisa Fink, the Sponsor of This Law Opines it applies to “ALL” cases The legislative history of the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) does not answer the question about the pending cases directly. Maybe they thought it was obvious. No floor statement we are aware of says expressly that the Act was intended to apply to cases already pending when it passed. But we do not believe that this is a difficult issue to overcome. The Arizona Legislature passed this law, in part, in direct response to documented, specific failures in the existing family court system affecting families who were already in court proceedings. The Joint Legislative Ad Hoc Committee on Family Court Orders held four public hearings throughout 2025. It heard approximately forty hours of testimony. The vast majority of that testimony came from families who were in the pipeline. Some had been in the courts for years. Some for nearly a decade. The committee was formed to address what was happening to those families. The legislation it wrote was the direct result of examining and remedying those failures. The bill was sponsored by Representative Lisa Fink, who described the Act during House floor debate as a clarification of existing custody law rather than new law. That characterization is relevant to how courts should interpret the Act’s reach. A clarification of existing law does not create new rights that attach only on a filing date. It restates and reinforces what the law was always intended to require. Applied to the pending cases question, the argument is this: if the Act clarifies what Arizona courts were always supposed to do when [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) is present, then applying it to pending cases is not imposing new obligations (on the abusive parent) retroactively. It is requiring courts to do what the law always required. We acknowledge that legislative history is a critical argument but not legal precedent. Courts are not bound to apply a statute based on legislative intent. The text of the statute is what governs. And the text of the statute supports our position. The legislative history is offered here not as the primary argument but as the backdrop against which the other arguments should be understood. Our Arizona legislature spent over a year documenting failures in existing family court cases and then enacted a law with an emergency clause, no savings clause, and express language addressing modification proceedings with pre-existing orders. They were not writing a statute for future cases only. The history suggests urgency to help children now. And it makes any competing interpretation, to wait to protect any children, impossible to comport with the urgency. ### 2. Public Policy: Child Safety Above All Including Parental Access Child safety and children’s best interest are not a matter of filing dates for any divorce or paternity action. When the Arizona Legislature passed the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) it declared the public policy of this state. Child safety comes first. Before parental access. Before filing dates. The Act reads directly: "In any [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) matter, the court shall consider [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) as contrary to the best interests of the child and shall assign primary importance to the safety and well-being of both the child and domestic violence victim. If an express or implied conflict arises between the requirements of this section and a competing presumption, mandate or public policy in this title, the provisions of this section take priority." [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(A). This provision takes priority over other statutes, mandates or public policy. Consider what the competing (errant) arguments would produce in real life practice. Hypothetically, a case filed in May 2026 involves three years of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) such as financial abuse, isolation, surveillance, threats. There is an Order of Protection. Trial is set for December 2026. The court decides the case is governed by the “old” law. Yes, there was domestic violence but that does not affect the children. The mandatory presumption does not apply. The court has broad discretion to award joint [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and equal [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to the abusive parent despite three years of domestic violence. The child is not protected. The child might be murdered. The same hypothetical case filed in July 2026. Same exact facts. Same three years of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/). Same Order of Protection. Same child. Same trial date. [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) governs. The abusive parent has no [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The abusive parent has no unsupervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The abused parent does not have to co-parent with the abuser. The child is protected. Two children. Same courthouse. Same [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/). Same risk. Same trial date. Different filing dates. One child protected. One child is not safe. We do not believe that the same courthouse on the same date would produce such drastically opposite conclusions and leave one child unsafe based on the filing date. That is the very heart of the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/). That would make no sense. It is contrary to the legislative intent and defies the public policy of child safety and best interests. That is not what the legislature intended when it named this law after two children who were murdered. That is not what child safety as the paramount concern of Arizona public policy means. And that is not what we believe Arizona courts will hold when the question is squarely before them. ### When A Court Is Uncertain, the Tiebreaker Is Written Into the Statute There is one more public policy argument that we believe is compelling and that courts should consider carefully. What happens when a court is genuinely uncertain how to rule on this question? What is the default? Arizona law answers that too. [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(A) says that child safety takes priority over every competing mandate or public policy in this title. So even if a court views the pending case filing date question as a close call and even if it sees legitimate arguments on both sides, the tiebreaker is written into the statute. The court errs on the side of the child. Let us think about what the alternative looks like. A court that is uncertain whether the Act applies to a pending case and defaults to the old law (the one that no longer exists). It has then purposefully chosen to resolve the uncertainty in favor of the abusive parent and against the child’s safety. It has chosen a framework that was mostly deleted and then amended by the legislature. It has chosen the old law over the new law when the new law was enacted specifically to save children’s lives because the old law was failing children and two children were murdered. There is no judicial principle, no rule of statutory construction, no canon of interpretation that requires a court to resolve uncertainty about a child safety statute against the child. The public policy of Arizona points in one direction only: protect the child. ### 3. A.R.S. § 25-403(A) Has Always Required Courts to Apply Best Interests to Every Parenting Determination This statute has existed for decades and has not changed. It reads: "The court shall determine [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), either originally or on petition for modification, in accordance with the best interests of the child." A.R.S. § 25-403(A). “Either originally or on petition for modification” means any available evidence no matter the timing of the filing of the petition. Every parenting determination whether it is a new case or modification must be made in accordance with the best interests of the child. What determines best interests? The current law on the day of the determination. A court making any parenting determination after June 22, 2026 determines best interests under the law as it exists on the day of that determination. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) is that law. A.R.S. § 25-403(A) has always required courts to apply current law to every parenting determination. This is the foundation of Arizona family law. ### 4. The Alec and Lydia Act Expressly Applies to Families With Existing Orders The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) amended [A.R.S. § 25-411](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the modification statute, and added this: "An allegation of an act or acts of [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) as defined in section 25-403.03 shall be a primary factor in the court’s consideration of modification of a [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order. The court shall allow a parent to present evidence of an act or acts of domestic violence that occurred before the existing legal decision-making or parenting time order." [A.R.S. § 25-411](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(L). \[emphasis added\] This amendment discusses evidence that existed prior to the “existing… order.” Hypothetically, let’s assume there was a 2025 [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order (existing order). After June 22, 2026, the Court shall allow a parent to present evidence prior to the “existing order” (the 2025 order) and by implication evidence since the existing order until the hearing date. If a court currently chooses not to allow that prior evidence based on the petition filing date, that language has no meaning whatsoever if a court only applied it to newly filed cases. Obviously a new case has no existing order so there is nothing for that phrase to refer to. The legislature wrote that provision specifically for families who already have court orders. It is the only context in which the phrase “before the existing order” has any meaning. If the Act were intended to apply only to newly filed cases that provision would be completely meaningless. We believe the legislature does not write meaningless provisions. [A.R.S. § 25-411](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)(L) is the legislature confirming in the text of the Act itself that the Act applies to parents with existing orders. That is the statute reflecting the ongoing obligation of the court to protect the child’s best interests. ### 5. Arizona Courts Have Applied Amendments to A.R.S. § 25-403.03 Immediately to All Pending Cases Since (at least) 2013 In 2013 the Arizona Legislature passed SB 1248, which amended [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the same [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) statute the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) amended in 2026. Those 2013 amendments changed the presumptions and standards governing parenting when domestic violence was alleged. Those amendments did not contain a savings clause or a grandfathering provision. For nearly a decade after 2013 across thousands of trials in Arizona family courts no one argued that the 2013 amendments did not apply to pending cases based on filing dates. We are not aware of any court that refused to apply the amended statute on that argument. The 2013 amendments were applied immediately and universally to all pending cases heard after the date of enactment without distinction. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) amended the same statute in 2026 that was amended in 2013. Neither of those amendments needed a savings clause or a grandfathering provision. The courts in 2026 should follow the identical logic that governed the changes made in 2013. The 2026 amendments apply immediately to every case in front of an Arizona court after June 22, 2026. ### 6. The Implied Savings Clause Argument Some suggest that if the legislature intended the Act to apply to pending cases it would have said so expressly. We disagree. That argument has it exactly backwards. When a legislature passes a new law that changes the rules significantly and wants to protect people already in pending cases from having the new rules apply to them, it writes a savings clause. A savings clause says the old law is preserved for cases filed before a certain date. It is express. It is deliberate. Legislatures use savings clauses regularly and know exactly how to write them. It “saves” older cases from having new law applied to them. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) has four sections and no savings clause. Section 1 is the amended [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/). Section 2 amends A.R.S. § 25-404. Section 3 amends [A.R.S. § 25-411](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/) where A.R.S. § 25-411(L) expressly addresses existing orders. Section 4 is the short title, which simply names the law the Alec and Lydia Act in honor of Hope Hooton’s beloved children. The bill ends there. No savings clause. No grandfathering provision. Not one word suggesting that current cases should not be governed by the Alec and Lydia Act. HB 2995, the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), went through months of committee hearings, four public sessions, testimony from judges, attorneys, [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) experts, and families. It passed the House 55-0. It passed the Senate unanimously. It was carefully drafted. It was immediately signed by Governor Katie Hobbs and went into effect that day. The legislature knew how to write a savings clause. It chose not to. That choice is the legislature declaring that the Act applies to every parenting case that goes in front of an Arizona court after June 22, 2026. ### 7. Hays v. Gama, 205 Ariz. 99, 67 P.3d 695 (Ariz. 2003) In Hays v. Gama, the Arizona Supreme Court addressed whether contempt sanctions that excluded a child's therapist records from evidence improperly interfered with the trial court's duty to consider the child's best interests in a custody determination. The Court vacated those sanctions and held: "We have repeatedly stressed that the child's best interest is paramount in custody determinations." Hays v. Gama, 205 Ariz. 99, 102, ¶ 18, 67 P.3d 695, 698 (2003). The Court further held that when custody of children is involved in a court proceeding, the trial court must hear all competent evidence, and that any sanction excluding evidence in a child custody dispute necessarily conflicts with the court's overriding obligation to protect the child's best interests. Hays v. Gama remains foundational to Arizona family law. (It is noted that Hays v. Gama has been limited by Johnson v. Provoyeur (2018 Arizona Court of Appeals) but not for the child safety issue we are arguing here.) ## Competing Arguments Garcia v. Browning, 214 Ariz. 250 (2007) There have been some competing arguments against applying the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) after June 22, 2026 for pending cases based on filing dates prior to June 22, 2026. One of the arguments is based on a criminal case, Garcia v. Browning, 214 Ariz. 250, 151 P.3d 533 (2007). Garcia is easily distinguishable. Garcia is a criminal case. It addresses whether new amendments to a criminal statute apply to a criminal offense committed before the effective date of the amendments. The Arizona Supreme Court held that the new amendments did not apply to a criminal defendant and case heard after the amendments because in criminal law the date of the offense is the operative event for retroactivity analysis. In criminal law the operative event is the date of the offense, when the defendant acted, when the law attached to their conduct. In family law there is no such thing as an operative event. Instead, the determination is governed by A.R.S. § 25-403(A), which has always required courts to apply current law. Garcia does not address A.R.S. § 25-403(A). It does not address parenting determinations. It does not address what law governs a family court’s ruling on the day of that ruling. Garcia is simply the wrong case to argue in family law. It answers a different question in a different area of law. The question before a family court after June 22, 2026 is not what criminal law governed a past offense. The question before a family law court is what law governs this parenting determination that is in front of the court today. A.R.S. § 25-403(A) answers that question. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) is that law. ### The Retroactivity Argument For Cases Filed Prior to June 22, 2026 We are aware of at least one court that declined to apply the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) to a case filed before June 22, 2026, on a retroactivity argument. We respectfully disagree. Retroactivity is the wrong analysis for a child’s best interests determination. A law is retroactive when it reaches back to do one of two things: punish conduct that was legal when it happened or take away a right the person already held, a “vested” right. If the new law does neither, it is not retroactive. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) does neither. Think criminal: you jaywalked when it was legal, and a new law later makes jaywalking illegal. You cannot be tried under the new law for jaywalking. Think family law: a parent commits [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/). Domestic violence was never legal. It was always wrong and always contrary to a child’s best interests. The [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) does not reach back and punish the abuser. This is not a new law that punishes prior conduct after the fact. Think college degree: once your degree is conferred, it is yours. The school can raise the requirements for next year’s students but it cannot reach back and take your diploma. Your degree is a vested right: final and fixed. Think family law: once you are in court with children, custody is never final. Custody is never a “vested” right. Parenting time and [legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) are always subject to modification in the child’s best interests. Retroactivity only protects rights that have vested. ### Retroactivity does not apply to a best interests analysis This concept does not apply in family law with children. The court is not punishing a past act by the abusive parent and it is not taking away a vested right of the abusive parent. The court’s duty is to decide on any given day, what is in this child’s best interests. That is not retroactivity. That is every custody hearing that has ever been held in Arizona. Courts should apply the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) and protect children. The Arizona legislature specifically amended the prior law because it was failing children. How can a court logically revert back to the same legal framework that allowed two children to be murdered? Why would a court choose to implement a prior amended law that favors the abusive parent over child safety? ## We Are Learning We hope this helps. We are uncertain exactly what any given court may decide for your family. But we do know this: we are a champion of the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) and we will always argue for courts to protect children. But what this law means for your specific family case, your orders, your children is a question that cannot be answered without knowing more about you and your case. Whatever your situation, a conversation with Tali is where to start. You do not need to have it figured out before you call. You need your story. We can help and you are not alone. ## On this page [The Blueprint for Child Safety and Abused Parents in Domestic Violenc…](#the-blueprint-for-child-safety-and-abused-parents-in-domestic-violence-cases)[What the Alec and Lydia Act Amended](#what-the-alec-and-lydia-act-amended)[We Believe the Act Applies to Every Case In Front of the Court After …](#we-believe-the-act-applies-to-every-case-in-front-of-the-court-after-june-22-2026)[1. Legislative Intent: Lisa Fink, the Sponsor of This Law Opines it a…](#1-legislative-intent-lisa-fink-the-sponsor-of-this-law-opines-it-applies-to-all-cases)[2. Public Policy: Child Safety Above All Including Parental Access](#2-public-policy-child-safety-above-all-including-parental-access)[When A Court Is Uncertain, the Tiebreaker Is Written Into the Statute](#when-a-court-is-uncertain-the-tiebreaker-is-written-into-the-statute)[3. A.R.S. § 25-403(A) Has Always Required Courts to Apply Best Intere…](#3-a-r-s-25-403-a-has-always-required-courts-to-apply-best-interests-to-every-parenting-det)[4. The Alec and Lydia Act Expressly Applies to Families With Existing…](#4-the-alec-and-lydia-act-expressly-applies-to-families-with-existing-orders)[5. Arizona Courts Have Applied Amendments to A.R.S. § 25-403.03 Immed…](#5-arizona-courts-have-applied-amendments-to-a-r-s-25-403-03-immediately-to-all-pending-cas)[6. The Implied Savings Clause Argument](#6-the-implied-savings-clause-argument) ## Need help? If domestic violence, child safety, or the Alec and Lydia Act may affect your pending case, talk with Tali before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk with Tali about your case If your Arizona family court case involves domestic violence, child safety, coercive control, parenting time, or legal decision making, a focused consultation can help you understand what the Alec and Lydia Act may mean now. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Authors Tali Best Collins is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She is a former Judge Pro Tem in Maricopa County Superior Court and has been recognized as a Southwest Rising Star by Super Lawyers. She and her colleagues are trauma informed attorneys. She handles all new client consultations at Best Law Firm. Tali is the co-author of The Divorce Coach. Cynthia L. Best is the Founder of Best Law Firm and has practiced law in Arizona for over thirty years. She founded Best Law Firm in Scottsdale in 2007. She is a former Judge Pro Tem and co-author of The Divorce Coach. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. The Alec and Lydia Act is new law and courts are actively working through questions of application and interpretation. The legal analysis in this article reflects the opinions and positions of Best Law Firm as of the date of publication and may be updated as Arizona courts issue further rulings. Nothing in this article creates an attorney-client relationship. If you have a pending family law matter you should consult with a qualified Arizona family law attorney about how the Alec and Lydia Act may apply to your specific circumstances. --- ### [The Arizona Judiciary Was Trained to Apply the Alec and Lydia Act Immediately. That Tells Us Something.](https://www.bestlawaz.com/alec-and-lydia-act/arizona-judiciary-trained-alec-lydia-act/) **Published:** July 16, 2026 **Author:** Cindy Best **Content:** Alec and Lydia Act Series | Article 7# The Arizona Judiciary Was Trained to Apply the Alec and Lydia Act Immediately. That Tells Us Something. Why Arizona's pre-effective-date judicial training supports immediate application of the Act to cases already in the court pipeline. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Cynthia L. Best | Founder, Best Law Firm | July 2026 There is a question I keep hearing from clients: if my family law case was filed before June 22, 2026, does the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) apply to me? I believe it does. And recently I learned something that makes me believe it even more. I spoke with Representative Lisa Fink, the sponsor of the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), to discuss if the Act applied to the cases in the court pipeline. She confirmed that it applied to ALL cases. Ms. Fink also mentioned to me that Liana Garcia, the liaison between the Arizona judiciary and the legislature, requested that the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/)’s signing be delayed to allow time for judicial training so it could be implemented immediately. The legislature honored that request, the training was held, and Governor Katie Hobbs signed the Act with an emergency clause making it effective immediately. That sequence tells us something important. The Arizona judiciary knew this law was coming. Judges were trained about the Act before it took effect. The legislature and the judiciary worked together to ensure courts were ready to implement it from the moment it was signed. That is not the picture of a law intended only for future cases. That is the picture of a law the entire family law system prepared to apply immediately to any case that came before it after June 22, 2026. Think about what that means. The courts did not treat this as a law for the future someday. They asked for time to get ready and then they got ready. Judges were trained to apply it before a single case was heard under it. A judiciary that prepares to apply a law immediately is a judiciary preparing to apply it to the cases already in front of it, cases in the pipeline. This is why I do not believe the filing date matters. That is just not the issue. What matters is the law on the day a case comes before the court. And that law is the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) after June 22, 2026. It was written, signed and trained to be used to protect children now. If your family is navigating a [domestic violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) matter in the Arizona family courts, the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) may change what is possible for your children. What it means for your family depends on your story. At Best Law Firm, Tali Best Collins handles every new client consultation personally. You do not need to have it all figured out before you call. We just need your story. That is where we start. ## At a glance **Effective date**June 22, 2026 **Implementation**Emergency clause and immediate effect **Issue addressed**Cases already in the family court pipeline ## Need help? If domestic violence, child safety, or the Alec and Lydia Act may affect your pending case, talk with Tali before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk to Tali You do not need to have everything figured out before you call. Start with your story and learn what the Alec and Lydia Act may mean for your family. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Cynthia L. Best is the Founder of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She has practiced law in Arizona for over thirty years and is a former Judge Pro Tem in Maricopa County Superior Court. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. The Alec and Lydia Act is new law. The analysis reflects the opinions and positions of the author as of the date of publication and may be updated as courts issue further rulings. Nothing in this article creates an attorney-client relationship. --- ### [The Pipeline: Your Case Was Filed Before June 22, 2026: What the Alec and Lydia Act Means for You Now](https://www.bestlawaz.com/alec-and-lydia-act/cases-filed-before-june-22/) **Published:** July 16, 2026 **Author:** Cindy Best **Content:** Alec and Lydia Act Series | Article 8# The Pipeline: Your Case Was Filed Before June 22, 2026: What the Alec and Lydia Act Means for You Now What Arizona families with final orders, temporary orders, or a pending case should know about hearings held after June 22, 2026. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Cynthia L. Best | Founder, Best Law Firm | Last reviewed: July 2026 Your case was filed before June 22, 2026. Maybe you have a final decree. Maybe you are still in the middle of the case living under a temporary order, maybe you are waiting for a temporary orders hearings, or waiting for final trial and trying to figure out how the court is going to analyze the domestic violence allegations against the other parent. Perhaps you have heard about the Alec and Lydia Act and you are wondering what it means for your family. We believe that the Act should be followed by the court if you have any hearing after June 22, 2026, no matter the filing date of your divorce or paternity petition. When we researched this issue, we went to the bill’s sponsor, Representative Lisa Fink. We did not rely only on our own legal analysis to reach that conclusion. We went directly to the sponsor of the Alec and Lydia Act, and asked her this precise question: Question: did you mean for the Act to apply to family law cases in the pipeline and those filed prior to June 22, 2026? She responded almost immediately: > “It should apply to ALL cases.” Representative Lisa Fink, July 11, 2026 That is the bill’s sponsor confirming legislative intent directly. We agree with her. The analysis that follows explains why we believe the law and the public policy of Arizona support that position. We believe that when any parenting matter comes before a court after June 22, 2026, the Alec and Lydia Act is the law that governs that proceeding regardless of when your case was filed, regardless of what prior orders exist, regardless of what happened before the law changed. This article explains what we believe is available to families in your situation and what those options might look like for you. Further, during a phone call with Representative Fink on July 15, she advised me: ## The Arizona Judiciary Was Trained to Apply the Alec and Lydia Act Immediately. That Tells Us Something Representative Fink advised me that Liana Garcia, the liaison between the Arizona judiciary and the legislature, requested that the Alec and Lydia Act’s signing be delayed to allow time for judicial training so it could be implemented immediately. The legislature honored that request, the training was held, and Governor Katie Hobbs signed the Act with an emergency clause making it effective immediately. That sequence tells us something important. The Arizona judiciary knew this law was coming. Judges were trained about the Act before it took effect. The legislature and the judiciary worked together to ensure courts were ready to implement it from the moment it was signed. That is not the picture of a law intended only for future cases. That is the picture of a law the entire family law system prepared to apply immediately to any case that came before it after June 22, 2026. Think about what that means. The courts did not treat this as a law for the future someday. They asked for time to get ready and then they got ready. Judges were trained to apply it before a single case was heard under it. A judiciary that prepares to apply a law immediately is a judiciary preparing to apply it to the cases already in front of it, cases in the pipeline. ## Scenario #1 Your Case Has “Final” Orders Your divorce or paternity case has final orders. The decree or paternity action was entered before June 22, 2026. The court may have found domestic violence. It may have acknowledged the evidence. And the final order still gave the abusive parent joint legal decision making and equal parenting time. That order was entered under a legal framework that no longer exists. Under the Alec and Lydia Act as it reads today, that outcome would be extraordinarily different. The [mandatory presumption](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/) would apply. The court would have to make written findings and determine whether the abusive parent rebutted the presumption. None of that existed when your order was entered. The Alec and Lydia Act does not reach back and give you a “do over”. It is not retroactive. But a final order in a family law case with children is never truly “final.” Parenting orders in Arizona have always been modifiable. The question is how to get back before a court where the Alec and Lydia Act governs what happens next. There are two possible vehicles, a contempt petition and petition for modification. They are different vehicles and they require different analysis. But once you get through the courtroom door, we believe that the law on the day of that hearing is the Alec and Lydia Act. ### Vehicle #1: Petition for Contempt A contempt petition is one vehicle that requires the court to take some kind of action. To file it, there must be some prior order that is not being followed by the other parent. For instance, review your existing orders carefully. Does it require the abusive parent to complete a domestic violence treatment program? Has that program been completed? If it was not completed, that might be a very valid argument to bring a contempt petition. Is there a prior order require counseling? Was an alcohol or drug evaluation ordered? Restrictions on who may be present during parenting time? Rules about substance use? Any condition at all that the other parent has not followed? Is he violating parenting time orders? If the answer to any of those questions is yes, these violations may allow you to file a contempt petition. Contempt proceedings in family court are governed by A.R.S. § 25-414 and Arizona Rules of Family Law Procedure Rule 91. To bring a contempt petition you file a verified petition with the court under the same case number as your original case. The petition must be in writing, signed under oath, and must specifically identify the order that was violated, the date or dates of the violation, and what the other parent failed to do. You must serve the other party with the petition and a summons requiring them to appear. Service must be made personally, not by mail, because contempt proceedings carry potential consequences including fines and jail time. The court will then set a hearing. At the hearing you must prove the violation by clear and convincing evidence. The burden then shifts to the other parent to show compliance or a legally sufficient reason for noncompliance. If contempt is found the court has broad remedies available including ordering immediate compliance, awarding attorney fees, and modifying the underlying order. That modification brought about through contempt is where the Alec and Lydia Act enters the courtroom. That petition might get you back into court where you can then argue to the court to follow the Alec and Lydia Act. Once the contempt petition brings your case back before a court, that hearing takes place after June 22, 2026. The law that governs that hearing is the Alec and Lydia Act. And under A.R.S. § 25-403.03(E), evidence of domestic violence is admissible in that hearing regardless of when it occurred, regardless of whether it was previously presented to a court, and regardless of whether it was ever raised before. Such as the strangulation that no one mentioned at the first hearing. The financial control that was never defined as domestic violence. The [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) that went on for years before anyone called it that. The history of the relationship that no court has ever heard. All of it comes in through the contempt proceeding. And with that evidence before the court the mandatory presumption under A.R.S. § 25-403.03(F) applies. The written findings requirement applies. The court is ruling on a parenting matter today, under the law as it exists today. ### Vehicle #2: Petition for Modification A Petition for Modification can be filed to modify a parenting order in Arizona. You must allege a “substantial and continuing change of circumstances” that makes modification in the child’s best interests. A.R.S. § 25-411(A). That threshold must be met before the petition can be heard. There are important timing rules that govern when you can file a petition for modification. Under A.R.S. § 25-411(A), you generally cannot file a petition to modify legal decision-making or parenting time within one year of the prior order being entered. If you attempt to modify before that one-year mark the court will likely dismiss the petition. There are exceptions. If the child's present environment may seriously endanger the child's physical, mental, moral or emotional health you may file before the one-year mark. A.R.S. § 25-411(A). Additionally, if there is evidence that domestic violence, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order, you may petition the court for modification at any time there is no waiting period for domestic violence. A.R.S. § 25-411(L). If the other parent is not complying with the existing order, you may file for modification of legal decision-making six months after the order was entered. A.R.S. § 25-411(L). The petition must be filed in the court that issued the original order. It must be a verified petition signed under oath setting forth detailed facts supporting the requested modification. The other parent must be served and given the opportunity to respond. The court will then determine whether adequate cause exists to set a hearing. If the petition does not establish adequate cause on its face the court may deny it without a hearing. We do not believe that the Alec and Lydia Act alone (the fact that the law changed) is sufficient for a change of circumstances to meet that threshold without additional facts. These cases are very fact dependent. But in nearly every case involving domestic violence there are additional facts. Here is what experienced family law attorneys look for. #### New domestic violence including coercive control since the previous “final” order. This is the clearest and most powerful changed circumstance. New acts of domestic violence including coercive control after the final order was entered such as physical violence, financial control, threats, surveillance, and weaponizing the court system. They are new facts. They happened after the order. And under A.R.S. § 25-411(L), domestic violence allegations are a primary factor in any modification proceeding. Using the court system as a weapon such as filing repeated motions, making false allegations, using litigation to control and exhaust the other parent can be considered a form of coercive control under the Act’s broad definition. A.R.S. § 25-403.03(L)(1). If the other parent has been doing this since the final order was entered, those filings are not just harassment. They are domestic violence. And they are changed circumstances. #### Your child’s changed circumstances. A parenting plan written when your child was a toddler describes a different family than the one that exists when your child is in school. Arizona courts have recognized that a parenting order represents a snapshot in time, a baseline from which future courts assess whether a material change has occurred. Pridgeon v. Superior Court,134 Ariz. 177, 179 (1982). A child’s changed developmental needs, school situation, activities, friendships, and medical requirements are all recognized changed circumstances in Arizona. A.R.S. § 25-403(A)(3) specifically identifies the child’s adjustment to home, school, and community as a factor courts must consider. A parenting arrangement that seemed manageable at one stage of your child’s life may not be adequate at another. Changed circumstances of your child’s life requires a showing that the child’s situation has materially changed in a way that makes the existing parenting arrangement contrary to the child’s best interests. #### New Facts A new partner in the home with a history of domestic violence or some other detrimental issue would be a change of circumstance. Other new facts would include a parent moved a long distance away, a DUI, an arrest, a drug abuse issue, or incident of child abuse. ### Vehicle #3. Defending a Motion Filed by the Abusive Parent This is sometimes the most practical path of all. The moment the other parent files any motion or petition that brings you back before a court, we believe that the Alec and Lydia Act applies to that proceeding immediately and completely. You do not need to show changed circumstances when responding to a filing. The mandatory presumption applies. The written findings requirement applies. The prior domestic violence, any new domestic violence and any domestic violence not in the record is before the court and the current law requires it to be addressed and consider the child’s best interests. ## Scenario #2 Your Case Was Filed Before June 22, 2026 And You Had a Temporary Orders Hearing Prior to June 22, 2026 Your case is not over. Your judge did not apply the Alec and Lydia Act and analyze the domestic violence presumption because it was not the law. You are still in the middle of the legal proceedings and will have a final trial date. At that final trial we believe the court must apply the Alec and Lydia Act. But in the meantime, your children are not safe. Is there anything you can do now with this temporary order that did not protect your children? Waiting for a final trial seems too long to keep going while the abuser has access to the children. What can you do? ### Vehicle #1 Petition for Contempt This is similar to the case with “final” orders. One issue to consider is whether there are any orders that are not being currently followed. You might be able to get back into court by filing a petition for contempt. Once you are in court on a contempt petition, the court will be mandated to follow the Alec and Lydia Act and hear evidence of domestic violence. The court will have to make written findings. The outcome of such a hearing could drastically change what the parent abuser must do to have a chance of joint legal decision making and physical access to the children. Before you wait for trial, look at the existing temporary order. Does it require the other parent to complete a domestic violence treatment program, attend counseling, submit to an evaluation, or follow any other condition? If any of those requirements have not been met, a contempt petition may be available right now. A contempt petition does not require showing a change of circumstances, it requires showing the existing order was not followed. Once a contempt hearing is before the court after June 22, 2026, the Alec and Lydia Act governs that proceeding and the full history of domestic violence in the relationship is admissible regardless of when it occurred. A.R.S. § 25-403.03(E). ### Vehicle #2 Second Temporary Orders Hearing A second temporary orders hearing might be available in a pending case before final trial. Temporary orders are not final orders. They are provisional arrangements meant to provide stability while the case works toward resolution. Because they are temporary, they can be modified or revisited before the final decree is entered. A.R.S. § 25-404. The vehicle is a motion for temporary orders under Arizona Rules of Family Law Procedure Rule 47. The motion must be verified, signed under oath, and must set forth the specific relief you are requesting and the specific new facts that support the request. Filing a Rule 47 motion triggers the court to schedule a Resolution Management Conference, typically within 30 days. If the parties cannot resolve the temporary orders issues at that conference an evidentiary hearing must be set, generally within 60 days of the conference. Rule 47(c), Arizona Rules of Family Law Procedure. In a case where the original temporary orders were entered before June 22, 2026, the new facts supporting a second temporary orders motion might include the change in law itself but most likely something more is required. Whether a second temporary orders motion is the right move in your specific case depends on what the existing temporary order says, what the domestic violence finding was based on, what has happened since the hearing, how far away trial is, and what your children are experiencing right now. This is a case-by-case analysis that starts with a conversation. ### Final Trial If none of these options apply or will work with your facts, your case is still not over since you have a final trial coming up and everything is on the table. You are not restricted by the temporary orders. The case starts new at the final trial. The temporary orders do not carry over. You can bring into evidence all the domestic violence whenever it happened in your relationship. You can ask for medical and counseling records from the abusive parent. You need to invoke the Alec and Lydia Act in your pre-trial statement, know how to make your case, and know what you want to ask the court for to protect your children. ## Scenario #3 You filed for divorce or paternity prior to June 22, 2026 and you may have filed for temporary orders or don’t know if you should file for temporary orders but the final hearing has not been held If your case is filed and pending but no orders have been entered you should prepare your domestic violence case to be governed by the Alec and Lydia Act. Once you make allegations of domestic violence, both the court and the abusive parent have certain mandatory actions that they must take. So when the temporary orders are heard in your case they will be governed by the Alec and Lydia Act. There will be written findings by the court, presumptions made and safeguards added for parenting time restrictions. If you have not filed for temporary orders you might want to consider it. The mandatory presumption applies from the first moment domestic violence is alleged in the court. A.R.S. § 25-403.03(F). The written findings requirement applies at every stage including temporary orders. A.R.S. § 25-403.03(B). The expanded definition of domestic violence including coercive control applies. A.R.S. § 25-403.03(L). The full history of domestic violence in your relationship, everything that happened before the case was filed. A.R.S. § 25-403.03(E). If your children are at risk right now, before any orders have been entered, you can file for temporary orders. If the circumstances are an emergency, you can file for emergency temporary orders if there is an immediate safety concern. Either way, getting into court with a temporary orders petition might be advisable in a domestic violence case. ## What This Means for Your Family There are competing opinions about what should happen if your case was filed before June 22, 2026 so if you are wondering whether this law means anything for your children the answer is, it depends. It depends on how the court applies the law, where your case stands and what the facts are. If your case is still pending, we believe that the Alec and Lydia Act should govern your hearing. Every ruling from this point forward should be governed by current law. If your children are at risk under a temporary order right now, there may be a path to court before your final trial. That analysis starts with what your temporary order says and what has happened since it was entered. If your case has final orders and your children are living under an arrangement that this law would never permit today you might need a vehicle to get back before a court. Look at your existing order. Look at what the other parent has and has not done since it was entered. Look at what has changed in your child’s life and in the other parent’s household. Look at whether the other parent has filed anything. A vehicle do get back to court might exist. What is possible for your family cannot be answered in general. It requires knowing your story. Your court orders. Your history. What has happened since the decree or the temporary order was entered. What your children are experiencing right now. And we have no guarantee on what any particular judge will do with any particular set of facts. Tali Best Collins handles every new client consultation personally. She has been practicing family law in Arizona for nineteen years. She understands what the Alec and Lydia Act means in a courtroom and how to find the path back into court if one exists. You do not need to have it figured out before you call. You need your story. That is where we start. ### Continue with the full legal analysis For the full legal analysis of why we believe the Alec and Lydia Act applies to every case before an Arizona court after June 22, 2026, including all seven foundations for our position, the legislative history, and the competing arguments, read our companion article: [The Alec and Lydia Act: Does It Apply to Your Case? What We Know, What We Believe, and Why.](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/) ## On this page [Scenario 1: Final orders](#scenario-final-orders) [Scenario 2: Temporary orders](#scenario-temporary-orders) [Scenario 3: Pending with no orders](#scenario-pending-case) [What this means for your family](#what-this-means) ## Related resources [Application guideDoes the Act apply to your case?](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/) [Article 7Why judicial preparation matters](https://www.bestlawaz.com/alec-and-lydia-act/arizona-judiciary-trained-alec-lydia-act/) [What to do nowPractical guidance for victims](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/) ## Need help? Your options depend on the orders in your case, what has happened since they were entered, and what your children are experiencing now. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk to Tali about where your case stands You do not need to have the legal path figured out before you call. Start with your orders, your history, and what your children are experiencing now. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Cynthia L. Best founded Best Law Firm in 2007 and has practiced family law exclusively in Arizona for over thirty years. She has served as a Judge Pro Tem in Maricopa County Superior Court, and has tried over 200 bench trials. She and her colleagues are trauma informed attorneys. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is intended for general informational purposes only and does not constitute legal advice. The Alec and Lydia Act is new law. The analysis reflects the opinions and positions of the author as of the date of publication and may be updated as courts issue further rulings. Nothing in this article creates an attorney-client relationship. If you are in immediate danger, call 911. --- ### [What the Alec and Lydia Act Requires of the Abusive Parent And How Does the Court Analyze The Rebuttal?](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/) **Published:** July 21, 2026 **Author:** Tali Collins **Excerpt:** Learn what Arizona courts may order after a domestic violence finding, how the rebuttal is analyzed, and what evidence the court must consider or disregard. **Content:** Alec and Lydia Act Series | Article 9# What the Alec and Lydia Act Requires of the Abusive Parent And How Does the Court Analyze The Rebuttal? What Arizona courts may order after a domestic violence finding, how an abusive parent must attempt to rebut the presumption, and what evidence matters. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: July 2026 ## In This Article [01**Section 1: What the Court Can Order for the Abusive Parent**The Intervention Program | Additional Counseling | Drug and Alcohol Testing | A Bond for the Child's Safe Return](#court-orders)[02**Section 2: What the Court Analyzes To Determine if The Presumption is Rebutted**Severity and Frequency | Denial and Minimization | Passage of Time | The Treatment Certificate](#rebuttal-analysis)[03**Section 3: What Evidence Can Be Gathered**Treatment Records | Testing Records | Further Acts | Medical Records | Your Testimony](#evidence)[04**Section 4: What Evidence the Court Must Ignore Because It Is Irrelevant**](#irrelevant-evidence)[05**Section 5: Court’s Mandatory Written Findings Are Your Legal Record**](#written-findings) ## INTRODUCTION Before the Alec and Lydia Act became law on June 22, 2026, the burden in a domestic violence case in Arizona family court fell heavily on the abused parent. They had to prove that the abusive parent was dangerous. They had to prove their children were at risk. They had to overcome a system that gave judges broad discretion to find domestic violence and still award the abusive parent equal time with the children and joint decision making. The Alec and Lydia Act changed that. It created a mandatory presumption that an award of legal decision-making or parenting time to the parent who committed domestic violence is contrary to the child’s best interests. A.R.S. § 25-403.03(F). Once the court finds that domestic violence has occurred by a preponderance of the evidence, the burden shifts. The abusive parent now has to prove they are safe. The court has specific standards to hold them accountable and specific requirements that they must meet. This article explains what the court can require of the abusive parent, what the court analyzes when the abusive parent attempts to rebut the presumption and what evidence the abused parent can gather, and what the court must ignore entirely because it is irrelevant. Last, the court must write their findings in the minute entry which becomes your record if you need to file an appeal. ## Section 1: What the Court Can Order the Abusive Parent to Do When the court finds domestic violence and restricts the abusive parent's legal decision-making authority or parenting time, it has specific standards to hold that parent accountable going forward. A.R.S. § 25-403.03(H) gives the court the authority to order any of the following on the abusive parent. ### The Intervention Program The court can order the abusive parent to attend and complete an assessment or a program of intervention for perpetrators of domestic violence. A.R.S. § 25-403.03(H)(2)(f). This is not anger management. This is not a general therapy referral. It is a specific court-ordered program designed for people who have committed domestic violence. The Alec and Lydia Act does not itself set the standards for a qualifying treatment program. It directs the court to consider the criteria in the Arizona Administrative Code that governs treatment for misdemeanor domestic violence offenders. A.R.S. § 25-403.03(G)(5). Two points matter. First, the court must consider those criteria, but the Act does not require the court to disqualify a program merely because it falls short of any particular program in the AAC. Second, the criteria are specific, and they come from the Administrative Code, A.A.C. R9-20-208, not from the Alec and Lydia Act. Under that Code, treatment must be conducted by a behavioral health professional who has at least six months of full-time experience with domestic violence or other criminal offenders, or who is supervised by someone with that experience. The required number of sessions depends on the offender’s history: at least 26 sessions for a first offense, 36 for a second offense, and 52 for a third or subsequent offense. Individual sessions must run at least 50 minutes and group sessions must be between 90 and 180 minutes long. The treatment must emphasize personal responsibility and identify domestic violence as a means of asserting power and control over another person, and it may not consist disproportionately of anger management, conflict resolution, couples counseling, or general education about domestic violence. Measured against those criteria, a certificate from a generic anger management program should carry little weight, because the Code says treatment may not consist disproportionately of anger management. A handful of sessions with a general therapist falls short of the required number of sessions and provider qualifications. When the abusive parent claims they completed a program, you can demand documentation of the specific program, the provider’s credentials and experience with domestic violence offenders, the number and length of sessions completed, and the written report submitted to the court. Many programs that abusive parents present as compliance may not measure up to the Code. It is important that you gather this information or cross examine the abuser on these requirements upon cross examination in any hearing. ### Additional Counseling Separate from the intervention program, the court can order any other counseling it determines is appropriate. A.R.S. § 25-403.03(H)(2)(f). This is at the court's discretion and does not carry the same specific requirements as the intervention program. The court can tailor this counseling to the specific circumstances of your case. It is also something that you can urge the court to do and set forth the requirements that you believe will be helpful for them to rehabilitate. I always like the idea of giving the court solutions and this is one that you can request because you probably know the abuser the best. One thing the statute makes absolutely clear: the court may not order the victim parent, or your child, to join the abusive parent in any inpatient or outpatient treatment program, counseling program, or forensic assessment, whether telephonic, virtual, or in person. A.R.S. § 25-403.03(I). No joint counseling. The law prohibits it. If anyone in your case suggests joint counseling with the person who abused you, that suggestion is contrary to the statute. This just makes sense. Often in the past, the courts confused the abused victim as being 50% at fault for the abuse. It is not a co-parenting conflict, it is a domestic violence abuser who keeps the co-parenting from working. It must be argued to the court that co-parenting with the abuser is against the Alec and Lydia Act. ### Drug and Alcohol Testing If the court finds that the abusive parent has also abused alcohol, other intoxicants, or controlled substances, the court may order that parent to abstain from possessing or consuming them. A.R.S. § 25-403.03(H)(2)(g). This is discretionary; the statute uses the word may. The abstinence order is not limited to parenting time, it applies generally. The statute authorizes the abstinence order itself, and random testing is the practical tool courts use to verify compliance. Clients often ask us how we make the argument about the other parent abusing drugs or alcohol. Sometimes you can ask for a drug or alcohol evaluation to be conducted by an outside agency. Oftentimes the abuser admits the drug or alcohol abuse because they do not see it as a problem. Other times, the abused parent can testify about incidents with alcohol that are hard to rebut: throwing chairs in the pool while drunk at a party, falling down and hurting themselves while intoxicated, calling you names while drunk in front of others…most abused victims have dozens of these stories and they are evidence of the abuse without the need for photos or police reports. Testing can include urine screens for recent use, hair follicle testing which can detect drug use over a longer period of time, and ETG alcohol testing which can detect alcohol consumption within approximately the past 80 hours. Testing is typically conducted through a third-party monitoring service on a random basis. If the abusive parent refuses to submit to testing or misses a test date, that refusal can be treated as a positive result. If they test positive, that result works directly against any claim to rebut the presumption. A positive test can have immediate results of missing parenting time or changing to supervised parenting time. A learned judge will write such an order for what to do with a positive or missed test. ### A Bond for the Child's Safe Return The court can require the abusive parent to post a bond to secure the child's safe return from parenting time. A.R.S. § 25-403.03(H)(2)(h). This is a financial guarantee that the abusive parent will return the child as ordered. If the child is not returned, the bond is forfeited. This is particularly relevant when there is a history of threats to take the children or to flee with them, especially to another country. ## Section 2: What the Court Analyzes When the Abusive Parent Claims They Have Rebutted the Presumption When the abusive parent asks the court to lift restrictions on their legal decision-making authority or parenting time, they have to rebut the mandatory presumption. A.R.S. § 25-403.03(G) governs the rebuttal determination, and G(1) directs the court to review and apply the findings it made under subsection D. Those subsection D findings are what the court weighs. Here is what the court is required to consider: ### How Severe and How Frequent Was the Violence? The court must assess the severity and frequency of the domestic violence against any person. A.R.S. § 25-403.03(D). The statute specifically identifies factors that aggravate the severity of the violence: physical injury or emotional trauma, use or threatened use of a firearm or other dangerous weapon, strangulation as defined in A.R.S. § 13-1204, and multiple forms of coercive control used together. Strangulation is specifically mentioned because the research on lethality in domestic violence cases consistently identifies strangulation as one of the highest predictors of future serious harm or death. A parent who has strangled the other parent is in a different category and the statute recognizes that. If strangulation was part of your history, you need to know that you are at high risk. You must seek assistance immediately. ### Did The Abusive Parent Deny, Minimize, or Deflect the Abusive Conduct? The court must consider the extent to which the abusive parent denied, deflected, or minimized the domestic violence during treatment, forensic assessment, mandatory disclosure, formal discovery, or courtroom proceedings. A.R.S. § 25-403.03(D)(9). This factor is important because it looks at how the abusive parent behaved across every context in the case, not just in court. Did they tell their treatment provider they had a communication problem rather than a domestic violence problem? Did they describe the abuse as mutual? Did they blame the victim in their discovery responses? Did they minimize what happened in their deposition? All of it counts. An abusive parent who minimizes the abuse is not an abuser who has been healed. And they will abuse again because nothing has changed in their mind. ### Does the Passage of Time Mitigate the Abuse? The court must consider whether the domestic violence was committed with sufficient severity or frequency that the passage of time alone is not a mitigating factor. A.R.S. § 25-403.03(D)(10). The statute draws the line based on severity. For some isolated incidents, time may carry weight. For others, particularly those involving strangulation, serious physical injury, weapons, or prolonged coercive control the legislature has mandated that the courts cannot simply treat the passage of time as evidence of change. The severity of what happened is relevant to whether the passage of time helps rebut the presumption. Some actions are so severe that it can be argued that time does not diminish the violence. ### 4. Did They Complete a Qualifying Domestic Violence Treatment Program The court must consider the abusive parent's attendance at a domestic violence treatment program. A.R.S. § 25-403.03(G)(4). But the statute is explicit: a certificate of completion alone is not proof of rehabilitation. This matches the program requirements that the court can order. The certificate must be accompanied by all of the following: 1. First, a waiver of the statutory privilege or other confidentiality necessary to release that person's treatment records to the court and to you. 2. Second, proof that the treatment program was both relevant and proportionate to the act or acts of domestic violence for which the parent was adjudicated. In evaluating this, the court considers the criteria in the Arizona Administrative Code for the treatment of misdemeanor domestic violence offenders, A.A.C. R9-20-208. 3. Third, a demonstrated understanding of how the parent's domestic violence harmed the child and the other parent. 4. Fourth, proof that the treatment program addressed and helped reduce any tendency to minimize or rationalize the parent's domestic violence. If any of those four requirements are not met, the certificate is not sufficient. You can challenge any one of these four requirements. The abused parent has the right to all of these records and the abusive parent must agree to provide them and sign a HIPAA release. ## Section 3: What Evidence Must Be Disclosed and Can Be Admissible? The Alec and Lydia Act opens significant doors for evidence gathering that did not exist before. A.R.S. § 25-403.03(C) specifies the types of evidence the court shall consider when determining whether domestic violence occurred. ### 1. Treatment and Counseling Records Because the abusive parent must waive their statutory privilege and confidentiality as part of the treatment program certificate, you are entitled to their treatment records. This means the actual records from the program, not just the certificate. Those records will show what the provider observed, whether the abusive parent engaged honestly in treatment, whether they minimized or denied the abuse during sessions, and whether the provider believed rehabilitation had actually occurred. You will want the intake sheet, intake notes, all the session notes, any testing, any evaluations, any diagnosis, and attendance records. The same principle applies to any additional counseling ordered by the court. If the abusive parent attempts to use counseling records as evidence of rehabilitation, they must allow full disclosure of those records to the court and to you. They cannot selectively present only the parts that help them. The best way to get the complete records is a HIPAA release signed by the abusive parent. You want to be cautious just getting records that go through the other side, you might be missing some important documents if you don’t request them yourself. ### 2. Drug and Alcohol Testing Records All testing results ordered by the court are part of your evidentiary record. This includes any positive results, any refusals to test, any missed tests, and the full history of compliance or non-compliance with the testing protocol. A pattern of missed tests or refusals is itself evidence. ### 3. Evidence of Further Acts of Domestic Violence The statute requires the court to consider other acts of domestic violence against any person that tend to prove the existence of coercive control, even if those other acts have been decided, predate the last decree, or could have been litigated at another time or place. A.R.S. § 25-403.03(C)(6) and (E). This means the history of what happened in your relationship — including everything that was never presented to any court is admissible. Every threatening text since the finding. Every violation of a court order. Every motion filed to harass and exhaust you. Document all of it. Draft your timeline. ### Medical and Behavioral Health Records The court shall consider the alleged victim's medical or behavioral health records if the victim decides to waive the associated privilege. A.R.S. § 25-403.03(C)(3). This is your choice. If your medical records or mental health records document the impact of the abuse you can choose to waive privilege and present them. If you seek treatment for injuries, document everything even if you do not initially disclose the cause. This is an important decision. Often, it is not a risk worth taking if the abuser will take advantage of this disclosure and cause more harm by doing something like sharing with friends and family. We try to get a strict non-disclosure that the records can only be used in this litigation. But you might not trust the abuser. One way to get around this is for your therapist to write a summary for you of whatever you ask them. For instance, you might ask for a summary of the distress you have suffered from the abuse or the stories you have told your therapist (telling someone of the abuse at the time it happened can bolster your testimony). ### Your Testimony Alone Is Sufficient The Alec and Lydia Act says explicitly that a domestic violence claim shall be established by a preponderance of the evidence and that corroboration from exhibits or witness testimony of another person is not required. A.R.S. § 25-403.03(C). Your testimony alone can establish domestic violence. Physical evidence strengthens your case but is not required. Any evidence of contemporaneous statements to others or your therapist is also evidence and strengthens your testimony. A well written narrative with your facts and dates can carry a lot of weight. Details will matter and they help the listener understand what happened to you. ## Section 4: What Evidence the Court Must Ignore as Irrelevant The Alec and Lydia Act specifically identifies three things the court shall disregard as irrelevant to the mandatory presumption. A.R.S. § 25-403.03(G)(3). These are not factors the court weighs against other evidence. They are irrelevant. Period. - The child was not present when the domestic violence occurred. - The child was unaware that domestic violence occurred. - The child prefers to spend time with, maintain contact with, or increase contact with the abusive parent. It has been a common misconception that children who didn’t witness the abuse or who were not the subject of the abuse were safe. That is just false and the legislature rejected that argument entirely. The third is equally important. Abusive parents frequently work hard to be the fun parent with gifts, no rules, undermining the other parent's authority, and cultivating the child's affection performatively. A child's stated preference to be with the abusive parent is not evidence of safety. It is not evidence of rehabilitation by the abusive parent. The statute requires courts to ignore it entirely when analyzing the mandatory presumption. ## Section 5: The Court’s Written Findings Are Your Legal Record Under the Alec and Lydia Act the court must make specific written findings on the record before entering any order for legal decision-making or parenting time whenever domestic violence is alleged. A.R.S. § 25-403.03(B). This applies at temporary orders hearings and at final trial. (in the past, judges did not provide written findings in temporary orders hearings). The written findings must include a thorough description of the evidence that justified or rejected a finding that domestic violence occurred, a thorough explanation of why the abusive parent did or did not rebut the mandatory presumption after considering each factor in the statute, and a thorough explanation of why the court's choice of precautions is in the child's best interests. The legislature requires the courts to make thorough written findings. If the court simply states a conclusion without explaining its analysis, that is a basis to challenge the order on appeal. Those written findings are your legal record. They are what you argue if you must take your case to the Ct. of Appeals ## What This Means for You The Alec and Lydia Act gives courts mandatory requirements to hold abusive parents accountable. It also mandated what the court must do. Written findings have to be thorough and they cannot just be conclusions. The Alec and Lydia Act is a game changer. It is written to protect children and the abused parent. It is important to understand it and argue it when you are in court. There is hope and you are not alone. Tali Best Collins handles every new client consultation personally at Best Law Firm. If domestic violence is part of your case, understanding what the abusive parent must prove, and what evidence you can gather to challenge it, can change everything for your children. [Talk to Tali.](https://www.bestlawaz.com/talk-to-tali/) ## On this page [What the court can order](#court-orders) [How rebuttal is analyzed](#rebuttal-analysis) [Evidence that can be gathered](#evidence) [Evidence the court must ignore](#irrelevant-evidence) [Mandatory written findings](#written-findings) ## Related resources [Article 3What judges must now do](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/) [Article 8Cases filed before June 22, 2026](https://www.bestlawaz.com/alec-and-lydia-act/cases-filed-before-june-22/) [Article 5Practical guidance for victims](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/) ## Need help? Your options depend on the court’s findings, the existing orders, and the evidence in your specific case. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Talk to Tali about your court orders Understanding what the abusive parent must prove, and what evidence you can gather to challenge it, can change everything for your children. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins is the Managing Partner of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She is a former Judge Pro Tem in Maricopa County Superior Court and co-author of The Divorce Coach with Cynthia L. Best, Founder of Best Law Firm. Tali handles every new client consultation personally. **Best Law Firm** | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) | [(480) 219-2433](tel:4802192433) This article is for general information only and is not legal advice. Nothing in this article creates an attorney-client relationship. The Alec and Lydia Act is new law and courts are actively working through how it applies. Please consult a qualified Arizona family law attorney about your specific situation. --- ### [The Alec and Lydia Act: Before and After June 22, 2026](https://www.bestlawaz.com/alec-and-lydia-act/before-and-after-june-22-2026/) **Published:** July 27, 2026 **Author:** Tali Collins **Excerpt:** Compare Arizona family court domestic violence rules before the Alec and Lydia Act with the protections and requirements effective June 22, 2026. **Content:** Alec and Lydia Act Series | Article 10# The Alec and Lydia Act: Before and After June 22, 2026 A side-by-side guide to the family-court domestic violence rules that changed on June 22, 2026, including presumptions, parenting time, evidence, treatment, and written findings. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Tali Best Collins, Esq. | Managing Partner, Best Law Firm | Last reviewed: July 2026 ## What changed on June 22, 2026? What has changed? Arizona family courts before the Act and what changed on June 22, 2026. The comparison covers child safety, court remedies, treatment requirements, evidence, excluded evidence, and written findings. ## Explore the comparison [01**Contrary to Child’s Best Interests**](#child-best-interests)[02**Court Remedies**](#court-remedies)[03**Evidence**](#evidence)[04**Evidence Excluded**](#evidence-excluded)[05**Written Findings**](#written-findings) 01## Contrary to Child’s Best Interests ### The Presumption Before June 22, 2026A presumption applied only against joint legal decision-making where the court found “significant” domestic violence or a pattern of domestic violence. Even with a domestic violence finding, the parent could still receive 50-50 parenting time, and could still be awarded sole or primary legal decision-making. “significance” was not defined nor was it consistently ruled upon. After June 22, 2026A finding of domestic violence (by a preponderance of evidence) creates a mandatory rebuttable presumption that legal decision-making and parenting time is contrary to the child’s best interests. The abusive parent has to rebut the presumption by a judicial analysis of several factors. ### Legal decision-making Before June 22, 2026Even after a finding of domestic violence the abusive parent could be awarded joint or sole legal decision. Often times the abused parent was forced to co-parent with the abuser. After June 22, 2026If the presumption is not rebutted, the court shall not grant joint or sole legal decision making. The victim no longer has to coparent with the abuser. ### Parenting time Before June 22, 2026The abused parent had to argue that the abusive parent was a danger to the child. The court rarely prohibited parenting time and the abuser was often awarded 50-50 parenting time. The courts often ordered the victim parent to co-parenting or high conflict class with the abuser instead of recognizing it as domestic violence. After June 22, 2026If the parent does not rebut the presumption, they cannot be awarded unsupervised parenting time without some restrictions. The court must order from the following: supervised parenting time, exchanges in a protected or safe location, limit or prohibit overnight parenting time, require the abusive parent to pay the cost of supervision, a domestic violence intervention program and any other counseling, abstinence from alcohol or drugs, require a bond for the child’s safe return, keep the child’s and victim’s address confidential, or suspend child access entirely until the abusive parent petitions the court to modify under the modification statute. The court can also impose any other condition it finds necessary to protect the child and the victim parent. ### Child Safety Before June 22, 2026Domestic violence was one of several best interests factors considered with all the other factors. After June 22, 2026Child safety is the stated public policy of Arizona and has priority over parental access. ### Standard of proof Before June 22, 2026Domestic violence standard was preponderance of evidence. After June 22, 2026Domestic violence can be proved by a preponderance of evidence. (more likely than not). The Act specifically states that corroboration from exhibits or a witness is not required. A parent’s testimony can establish domestic violence. ### How the Court Decides if the Presumption Has Been Rebutted Before June 22, 2026The parent who committed domestic violence could rebut the presumption largely by performative actions such as showing completion of a batterer’s program, drug or alcohol testing, or attending a parenting class. After June 22, 2026There is no heightened standard such as clear and convincing to rebut the presumption. The court shall review and apply its own severity findings (injury, weapons, strangulation, coercive control, denial or minimization, and passage of time), consider collateral acts against anyone. Any treatment program is scrutinized under the strict proof requirements and a certificate alone is not enough. If the parent does not satisfy this analysis, the presumption is not rebutted. The court must make this analysis in written findings. ### Coercive control Before June 22, 2026This type of abuse was sometimes considered domestic violence but not consistently. After June 22, 2026Coercive control is now defined as domestic violence and includes a listed set of examples the court can recognize: taking away a person’s liberty, stripping their sense of self, isolating them from friends and family, depriving them of independence, regulating their everyday behavior, monitoring or controlling their finances, monitoring or controlling their activities and communications, frequent name-calling or degrading them, threatening to harm or kill them or their child or a pet, threatening suicide or self-harm to control them, threatening to publish sensitive or explicit information, threatening false reports to law enforcement, damaging their property, threats involving immigration status, and forcing them into criminal activity. 02## Court Remedies ### Treatment Programs and Classes Before June 22, 2026The court could order an anger management class or some other type of batterers class but had no specific requirements or time length. The courts failed to distinguish between anger management and domestic violence. After June 22, 2026The court may order the abusive parent to complete an assessment and a program of intervention for perpetrators of domestic violence plus any other counseling it determines is appropriate. Completing a program is also one way the abusive parent can voluntarily try to rebut the presumption but only if the program meets the statute’s requirements and the parent proves the four things listed below under treatment certificate. Attendance alone is not enough. ### Treatment Requirements Before June 22, 2026No detailed statutory standard. An anger management class was acceptable. This was not typically ordered in family court but was ordered by criminal court if there was an arrest for domestic violence. After June 22, 2026The Act directs the court to consider the Administrative Code standards (A.A.C. R9-20-208): - Conducted by a behavioral health professional with at least six months of experience with domestic violence or criminal offenders, or supervised by one. - At least 26 sessions for a first offense, 36 for a second, 52 for a third or later. - Individual sessions at least 50 minutes; group sessions 90 to 180 minutes. - Must emphasize personal responsibility and identify domestic violence as power and control. - May not be disproportionately anger management, conflict resolution, couples counseling, or general education. ### Treatment Certificate Before June 22, 2026A certificate or proof of attendance was often accepted. After June 22, 2026A certificate of completion alone is not proof of rehabilitation. The court cannot consider it as automatic proof that the presumption is rebutted. To use a completed program as rebuttal, the certificate must be accompanied by all of the following: - A waiver of privilege and confidentiality releasing the treatment records to the court and to the victim. - Proof the program was relevant and proportionate to the domestic violence for which the parent was adjudicated. - A demonstrated understanding of how the abuse harmed the child and the other parent. - Proof the program reduced any tendency to minimize or rationalize the abuse. ### Joint Counseling With the Abuser Before June 22, 2026Courts could order the victim parent or child to attend counseling with the abuser. After June 22, 2026The court may not order the victim or the child into any joint treatment, counseling, or forensic assessment with the abusive parent. 03## Evidence ### Access to the abuser’s treatment records Before June 22, 2026Treatment and counseling records were typically privileged and confidential, and very difficult to obtain or get an order to obtain. After June 22, 2026The abusive parent must waive privilege and confidentiality, which entitles the victim and the court to the records. ### HIPAA Before June 22, 2026The abuser generally did not have to disclose their records or sign releases. After June 22, 2026The abusive parent must provide the records and sign a HIPAA release. ### Drug and Alcohol Abuse Before June 22, 2026Drug abuse evaluation could be ordered along with random drug and alcohol testing. Once a parent completed the testing it was difficult to get another order once the parent resumed the drug or alcohol abuse. After June 22, 2026The court may order the abusive parent to abstain from possessing or consuming alcohol, other intoxicants, or controlled substances. Abstinence is not limited to parenting time. The court can order random drug or alcohol testing. ### Past Domestic Violence Before June 22, 2026Courts excluded domestic violence that could have been raised earlier. If a victim did reveal domestic violence in the record previously, it was never allowed into evidence. After June 22, 2026Past acts of domestic violence are now admissible even if they were never raised before, predate the current orders, or could have been litigated elsewhere. This includes collateral acts, meaning domestic violence the abusive parent committed against other people, not only against you, when those acts show a pattern, a motive, or help explain your response. ### Victims Medical or Mental Health Records Before June 22, 2026Medical and mental health records could be requested during discovery to re-traumatize the victim. It amounted to victim blaming and was a domestic violence tactic. After June 22, 2026The victim can choose whether to waive the privilege and introduce certain records from their medical treatment, therapy and similar records. 04## Evidence Excluded ### Three Specifics: Child not present during domestic violence, child unaware of domestic violence or child states preference for wanting to be with the abuser Before June 22, 2026Courts often assumed that since the child did not witness the abuse or was unaware of it, they were safe with the abuser. The court could also give preference to the abuser if the child wanted to be with that parent. After June 22, 2026These 3 specific issues are now irrelevant and inadmissible because it is known that children are affected by domestic violence and unsafe with the abuser. It is also known that abusive parents are often very performative and conniving. 05## Written Findings ### Written findings Before June 22, 2026Written findings were required after final trials. After June 22, 2026Written findings are required including at temporary orders. These findings are reviewed de novo on appeal. ## Related Alec and Lydia Act resources [Article 9**What the court may order and how rebuttal is analyzed**](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/)[HB 2995 Text**Read the statutory text behind the changes**](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Application Guide**Understand how the Act may apply to your case**](https://www.bestlawaz.com/alec-and-lydia-act/does-this-law-apply-to-my-case/) ## Talk to Tali about what changed The effect of the Alec and Lydia Act depends on the domestic violence findings, evidence, and existing orders in your specific Arizona family law case. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins is the Managing Partner of Best Law Firm in Scottsdale, Arizona, where she and her colleagues have practiced family law exclusively for over nineteen years. She is a former Judge Pro Tem in Maricopa County Superior Court and co-author of The Divorce Coach with Cynthia L. Best, Founder of Best Law Firm. Tali handles every new client consultation personally. **Best Law Firm** | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) | [(480) 219-2433](tel:4802192433) This chart is not legal advice. Nothing in it creates an attorney-client relationship. The Alec and Lydia Act is effective June 22, 2026. --- ### [Children Are Protected as Domestic Violence Victims Under the Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/child-abuse-is-domestic-violence/) **Published:** July 29, 2026 **Author:** Tali Collins **Excerpt:** Under Arizona’s Alec and Lydia Act, most abuse of a child by a parent is domestic violence. That finding carries protections a child abuse allegation never did. **Content:** Alec and Lydia Act Series | Article 11# Children Are Protected as Domestic Violence Victims Under the Alec and Lydia Act Under Arizona’s Alec and Lydia Act, most abuse of a child by a parent is domestic violence. That finding carries protections a child abuse allegation never did. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) By Cynthia L. Best and Tali Best Collins | Best Law Firm | Last reviewed: July 2026 Safety first. It is now the public policy of Arizona to protect the child over parental access. And children are protected as victims of domestic violence under the Alec and Lydia Act. Child abuse is no longer just a factor to balance in the best interests of a child. In the past the victim parent carried the burden to show that the child was not safe with the abuser. Now, child abuse falls within most definitions of domestic violence and that distinction matters. That distinction is what triggers the Alec and Lydia Act. Child safety is now the priority. The entire scheme of the Alec and Lydia Act connects the dots that have always been a challenge to connect in court: parents who commit domestic violence are dangerous to their children whether or not the child knows about or witnesses the domestic violence. ## In this article [01**What Changed on June 22, 2026**](#what-changed)[02**What Counts as Domestic Violence Against a Child**](#what-counts)[03**Domestic Violence Against Children: What This May Look Like in Real Life**](#real-life)[04**The Abuse Pattern Did Not End With the Marriage or the Litigation**](#pattern)[05**The Alec and Lydia Act Requires the Court to Consider Prior Acts of Domestic Violence**](#prior-acts)[06**The Protections for the Victim After a Finding of Domestic Violence**](#protections)[07**Start With the Record**](#start-record) ## What Changed on June 22, 2026 The Alec and Lydia Act amended [A.R.S. § 25-403.03](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/), the statute that governs legal decision-making and parenting time where there is domestic violence. It now mandates the legal presumption against decision making and parenting time when there is a finding of domestic violence. Domestic violence is contrary to a child’s best interests. That presumption means that the burden shifts to the abusive parent to prove that their parenting rights are in the child’s best interests. The burden requirements are detailed in the Act and are much more than a class or testimony of reformed behavior. Under the amended statute A.R.S. § 25-403.03(L)(3)(a), domestic violence means conduct perpetrated by one parent against the other parent, or against a minor child living in either parent’s household. (emphasis added.) Most of what we might have labeled as child abuse before the Alec and Lydia Act can now be labeled domestic violence in family court. The label matters because it changes the analysis and the protections for children and triggers the Alec and Lydia Act. ### Preponderance of the Evidence Under A.R.S. § 25-403.03(C), a claim of domestic violence is established by a [preponderance of the evidence](https://www.bestlawaz.com/alec-and-lydia-act-standard-of-evidence/), meaning more likely than not. It also states that corroboration from exhibits or witness testimony is not required. Your testimony can establish it. And your evidence can include what your child has told you or others. ## What Counts as Domestic Violence Against a Child Under A.R.S. § 25-403.03(L)(3)(a), domestic violence is one of two characterizations. Either one is sufficient to prove domestic violence on its own. You do not need both. First, there is a list of abuses borrowed from the criminal statutes and second, there is the definition of “coercive control” as detailed in the Alec and Lydia Act. ### The Criminal Statute List The list is found in the criminal statutes for domestic violence conduct. See Section 25-403.03(L)(3)(a)(i), which refers to [A.R.S. § 13-3601](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/), Arizona’s domestic violence statute, which then lists the offenses defined as domestic violence. Most of these acts of domestic violence do not leave a physical injury or mark. None of them require a criminal charge, a conviction, a police report or a DCS report. Here are some applicable ones that affect children. - Touching with intent to injure, insult or provoke - Threatening or intimidating behavior - Endangerment of the child - Harassment - Cruelty to animals - Sexual assault ### Coercive Control List from the Alec and Lydia Act The second category of domestic violence is [coercive control](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/) which is now defined in Arizona law as domestic violence. Section 25-403.03(L)(3)(a)(ii) points to coercive control, which § 25-403.03(L)(1) defines as a pattern of threatening, humiliating or intimidating actions used to harm, punish or frighten a person (or child, emphasis added.) The statute lists the behaviors and this is how they may apply to a child. - Isolating the child from friends and family - Depriving the child of independence - Regulating the child’s everyday behavior - Monitoring or controlling the child’s activities, communications or movements - Controlling the child’s access to money or services - Name-calling, degrading or demeaning the child on a frequent basis - Threatening to harm the child or a sibling - Threatening to harm an animal the child loves - Damaging the child’s belongings ## Domestic Violence Against Children: What This May Look Like in Real Life Sometimes the domestic violence is very obvious and leaves a mark where the child is slapped, spanked or pinched. More often it is much more subtle abuse and sometimes hard to actually recognize or explain. Individual acts may look small or insignificant in isolation. Woven together they make a clear tapestry of abuse that traumatizes children. Families and children who have lived with an abuser will recognize much of the following. All of this abuse has a purpose. Sometimes it is the only way the abuser can continue to abuse the divorced parent. Sometimes, it is to intimidate the child and control them. Sometimes it is just abuse to cause pain for the child. Sometimes it is to make sure the victim parent continues to be in pain and anxiety about their child during parenting time. Sometimes it is payback for the spouse divorcing them. Here is what the domestic violence behaviors against children can look like. - The parent calls the child names over and over: crybaby, bitch, stupid. - The parent calls the safe parent and other family members derogatory names. - The parent punishes the child by turning out all the lights when the child is afraid of the dark. - The parent punishes the child by putting them in a dark closet. - The parent holds the child too tight during hugs, or pinches them, but never leaves a mark. - The parent flips the child in the head with a finger, which leaves no mark. - The parent deliberately ignores the child’s birthday even if they are together. - The parent downplays holidays so the child cannot enjoy them. - The parent promises the child things that never happen. - The parent creates sibling animosity and triangulates them. - The parent favors one child over others. - The parent takes away the child’s belongings so they cannot carry them back to their primary home. - The parent punishes the child for wanting to talk to or call their primary parent. - The parent hangs up the phone abruptly when the child calls their primary parent. - The parent uses the child to carry threats to the safe parent. - The parent makes certain the child can hear their criticism of the safe parent. - The parent hits the child with a spatula but leaves no mark. - The parent makes a fist and threatens to hit the child and the child is so scared he wets his pants. - The parent ignores the child when he is sick and never tells the primary parent. - The parent ignores safety helmets and safety while swimming, biking, and skateboarding. - The parent slaps the child. - The parent makes the child sleep with them. - The parent blames the child and the victim parent for everything. - The parent mistreats a pet, throws them into the pool, euthanizes them. - The parent has explosive outbursts over minor issues like spilling a drink. - The parent curses and calls the child vulgar names. ## The Abuse Pattern Did Not End With the Marriage or the Litigation The domestic violence rarely ends with the marriage or the litigation. Sadly some of the abuse is now aimed at you through your child. Since the abuser no longer has access to you, they use the children. When your child comes home frightened, dysregulated or without their favorite stuffy, you then spend weekends sick with worry and unable to do a thing about it. That is not a side effect. That is the point. The abusive parent lost direct access to you when the orders were entered, and your child becomes the method to abuse you. They create all kinds of anxiety and withhold phone time, monitor the phone or grab it out of the child’s hands when they don’t like whatever they were telling the other parent. (This article focuses on children but domestic violence rarely ends against the victim parent with the divorce either. The abuser does everything they can to make life miserable for the victim parent. They harass them over phone time, pick up and drop off, children activities, money, and any other day to day issue to create chaos and discord.) Details matter as you make your case for court. A clear pattern displayed by a timeline with dates, times, incidents, quotes, places and witnesses will help the judge understand this pattern. When this pattern is written clearly and is entered into evidence, it becomes very near impossible to discount every single abusive event for years. It is usually overwhelming. One incident sounds like a complaint. Twenty incidents across five years is a course of conduct. The pattern is the case. **The pattern is the case.**One incident may sound like a complaint. A clear timeline shows a course of conduct. ## The Alec and Lydia Act Requires the Court to Consider Prior Acts of Domestic Violence As part of that evidence, the Alec and Lydia Act makes it easier to make the case for domestic violence. Under A.R.S. § 25-403.03(E), the court may not refuse evidence of a collateral act of domestic violence on the grounds that it or a related legal claim has been decided, predates the last decree, or could have been litigated at another time or place. The court must admit this evidence into the record. Under A.R.S. § 25-403.03(C)(6), the court considers collateral acts of domestic violence by that parent against any person. What was done to the victim parent is admissible alongside the abuse of the child. And under A.R.S. § 25-403.03(D)(10), where the acts occurred over a period of time and with sufficient severity or frequency, the passage of time or the remoteness of an earlier act is an aggravating factor and not a mitigating one. The age of the abuse does not weaken it. Under this Act, a long history makes the evidence stronger. ## The Protections for the Victim After a Finding of Domestic Violence Here is what a finding of domestic violence sets in motion. Because these attach to protect the victims of domestic violence, it is imperative to call the abuse of the child domestic violence. Under A.R.S. § 25-403.03(F), a finding that a parent committed an act or acts of domestic violence creates a [mandatory rebuttable presumption](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/) that awarding that parent legal decision-making or parenting time is contrary to your child’s best interests. The same subsection provides that the court may not require you to prove that shared legal decision-making or parenting time would harm the child. You are no longer the one proving danger or trying to connect the dots for the court. It is all there in the Alec and Lydia Act. 01The judge has to show the work. Under A.R.S. § 25-403.03(B), the court must make specific and detailed findings on the record and explain why those findings serve your child’s best interests. On appeal, the legal sufficiency of each finding is reviewed de novo. 02A certificate is not enough. Under A.R.S. § 25-403.03(G)(4), the court may not treat a certificate of completion from a treatment program as proof of rehabilitation. That parent must release the treatment records, show the program was proportionate to the abuse, demonstrate an understanding of the harm they caused, and prove the program addressed any minimizing of it. 03If the presumption is not rebutted, the court shall not grant that parent joint or sole legal decision-making, and shall impose some parenting time restrictions. Those can include supervised parenting time, exchanges in a protected location, no overnight parenting time, suspension of access to the child, a program of intervention for perpetrators of domestic violence, and a bond for your child’s safe return. 04Your child cannot be ordered into any therapy or counseling with the abuser. Under A.R.S. § 25-403.03(I), the court may not order a victim of domestic violence, whether the child or a parent, to join the abusive parent in any inpatient or outpatient treatment program, counseling program, or forensic assessment, whether telephonic, virtual, or in person. ## Start With the Record Before anything else, write it down. Every incident with the date. What your child said, in your child’s own words. Who else saw it or heard about it. What you did afterward. And what came before it, during your marriage, when it was aimed at you. The whole record shows the pattern and is what the Alec and Lydia Act now requires the court to look at. And under this Act, the pattern is the case. We have been working with domestic violence victims for over 19 years. We are here to help. You are not alone. If domestic violence is part of your family’s story, call Best Law Firm. Tali Best Collins handles every new client consultation personally. [Talk to Tali.](https://www.bestlawaz.com/talk-to-tali/) | [(480) 219-2433](tel:4802192433) ## Related Alec and Lydia Act resources [Related Blog**Is Child Abuse Considered Domestic Violence in Arizona?**](https://www.bestlawaz.com/alec-and-lydia-act/is-child-abuse-domestic-violence-arizona/)[Article 9**What courts can order and how rebuttal is analyzed**](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/)[Evidence Guide**The standard of evidence under the Alec and Lydia Act**](https://www.bestlawaz.com/alec-and-lydia-act-standard-of-evidence/)[No Police Report**How domestic violence can be proved without a police report**](https://www.bestlawaz.com/how-to-prove-domestic-violence-no-police-report/) ## Talk to Tali about protecting your child Every case turns on its evidence, existing orders, and the findings the court makes. Tali Best Collins handles every new client consultation personally. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) ## About the Authors Cynthia L. Best is the Founder of Best Law Firm in Scottsdale, Arizona. Best Law Firm has practiced family law exclusively for over nineteen years. Tali Best Collins handles every new client consultation personally and is a trauma-informed attorney. **Best Law Firm** | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) | [(480) 219-2433](tel:4802192433) This article is for general information only and is not legal advice. --- ### [Is Child Abuse Considered Domestic Violence in Arizona?](https://www.bestlawaz.com/alec-and-lydia-act/is-child-abuse-domestic-violence-arizona/) **Published:** July 29, 2026 **Author:** Cindy Best **Excerpt:** Yes. Most abuse directed at a child by a parent is domestic violence under Arizona’s Alec and Lydia Act, and that changes what the court can order. **Content:** Alec and Lydia Act | Child Safety # Is Child Abuse Considered Domestic Violence in Arizona? Yes. Most abuse directed at a child by a parent is domestic violence under Arizona’s Alec and Lydia Act, and that changes what the court can order. By Cynthia L. Best and Tali Best Collins | Best Law Firm | Last reviewed: July 2026 [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) Key takeawayYes. Most abuse directed at a child by a parent is domestic violence under Arizona’s Alec and Lydia Act, and that changes what the court can order. Yes, most of the abuse directed at children can be defined as domestic violence. Why does that matter? Because the new law, the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/), provides more safety for children by making a presumption that domestic violence is contrary to their best interests. Most parents have never considered that child abuse could be considered [domestic violence](https://www.bestlawaz.com/what-is-domestic-violence-arizona/). Domestic violence is usually thought of as abuse against another parent. Those two descriptions do not carry the same consequences after June 22, 2026. This is not about vocabulary. It is about keeping your child safe from the abusive parent. Prior to the Alec and Lydia Act, an allegation of child abuse was one of many best interests factors that the judge considered. A judge could hear the evidence, determine it to be credible and still enter orders giving the abusive parent equal time and shared [legal decision-making](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The court can no longer do that when you describe the abuse as domestic violence. ## Why Call Child Abuse Domestic Violence? As trial attorneys, we have always had the challenge to explain to a court that domestic violence created safety issues for the child. It was a difficult challenge. We retained a domestic violence expert. We argued from trauma literature. We were constantly challenged with connecting the dots of domestic violence to child abuse and child safety. And now, significantly, the Alec and Lydia Act connects those dots for you. Principle 1### Domestic violence is contrary to a child’s best interests First, the Alec and Lydia Act requires the court to consider domestic violence as contrary to the best interests of the child. Principle 2### A child does not have to witness the violence Second, the Alec and Lydia Act expressly rejects the notion that the child must know about the violence or have witnessed the violence to be at risk. Principle 3### Arizona prioritizes child safety over parental access Third, it created the public policy of Arizona of child safety over parental access. So the Alec and Lydia Act, read in totality, expressly and impliedly tells the court that domestic violence is harmful to children and puts them at risk. That is the entire purpose of the Alec and Lydia Act. Protect children so they are kept safe. After all, let us remember that the new law is named after Alec and Lydia, who were murdered by their father. Their mother, Hope Hooten, turned her tragedy into purpose and, along with State Representative Lisa Fink and dozens of others, created this framework to mandate that the court use these safeguards to protect children. ## The Child Is In the Definition of Domestic Violence The Alec and Lydia Act defines domestic violence as conduct committed by one parent against the other parent, or against a minor child living in either parent’s household. The child is [written into the definition itself](https://www.bestlawaz.com/alec-and-lydia-act/child-abuse-is-domestic-violence/). A finding of domestic violence (by a [preponderance of evidence](https://www.bestlawaz.com/alec-and-lydia-act-standard-of-evidence/), more likely than not) mandates the legal presumption that giving the abusive parent legal decision-making or parenting time is contrary to the child’s best interests. The safe parent is no longer required to prove the child is in danger. The safe parent is no longer tasked with connecting the dots so to speak. The abusive parent has to rebut the presumption and that is no easy task under the new law. ## What Are the Safeguards in the Alec and Lydia Act for Children? 1 ### Legal decision-making may be denied First, the Alec and Lydia Act requires the court to deny legal decision making if the abusive parent cannot rebut the presumption. 2 ### The court may impose parenting-time safeguards Second, it requires the court to impose safeguards on parenting time if the presumption cannot be rebutted. Those safeguards can include [supervised parenting time](https://www.bestlawaz.com/alec-and-lydia-act-court-restrictions/) at the abusive parent’s expense, exchanges in a protected location, elimination of overnight parenting time, suspension of access to the child until that parent petitions the court, completion of a domestic violence intervention program, abstaining from alcohol and drugs, and a bond for the child’s safe return. 3 ### A class certificate alone does not rebut the presumption Rebutting the presumption is not a formality either. A certificate showing [completion of a class](https://www.bestlawaz.com/the-abuser-finished-a-class/) does not accomplish it. That parent has to release the treatment records, show the program actually addressed the abuse, demonstrate they understand the harm they caused, and prove they have stopped minimizing it. And the child cannot be ordered into counseling, therapy, or a forensic assessment with the parent who committed the abuse. The Alec and Lydia Act was expressly written to protect children from domestic violence abusers. There are specific protections for children for the first time in Arizona legislative history. Learn how to put your story together. Make the dots. The Alec and Lydia Act will connect them for you. And the court is required to listen. ## If domestic violence is part of your family’s story, talk with Tali If domestic violence is part of your family’s story, call Tali Best Collins who handles every new client consultation personally. [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) Read the law behind these protectionsFor the complete statutory framework behind the question [Is Child Abuse Domestic Violence?](https://www.bestlawaz.com/alec-and-lydia-act/child-abuse-is-domestic-violence/) Read the enacted HB 2995 text and definitions. ## Related Alec and Lydia Act resources [The Alec and Lydia Act resource hub](https://www.bestlawaz.com/alec-and-lydia-act/) [Read the enacted HB 2995 statute text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/) [What is domestic violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/) [What courts can order an abusive parent to do](https://www.bestlawaz.com/alec-and-lydia-act/what-the-court-orders-the-abusive-parent-to-do/) [Child safety and parenting-time questions](https://www.bestlawaz.com/my-children-want-to-see-their-dad/) ## About the Authors Cynthia L. Best is the Founder of Best Law Firm in Scottsdale, Arizona. Best Law Firm has practiced family law exclusively for over nineteen years. Tali Best Collins handles every new client consultation personally and is a trauma-informed attorney. **Best Law Firm** | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This article is for general information only and is not legal advice. --- ### [Top 10 Things To Know About Divorce In Arizona](https://www.bestlawaz.com/top-10-things-to-know-1/) **Published:** January 18, 2017 **Author:** Cindy Best **Content:** #### **Top Ten Things to Know About Family Law in Arizona** By Cindy Best Family law can be complex and intimidating, and there is no shortage of myths and misconceptions circling how divorce and issues involving children are handled in Arizona. Below is a list of the ten major points of family law that you should be aware of before heading to court: ### 1. Arizona is a Community Property State Arizona is one of nine states in the country that uses a community property system. In Arizona, it is presumed that each spouse has an equal one-half interest in ALL items of community property. So, what is community property? In Arizona, it is presumed that just about ANYTHING that was earned during the marriage is community property, and that each spouse should be entitled to receive a share of each and every asset during a divorce. This includes homes, paychecks, bank accounts, cars, furniture, jewelry, retirement accounts and even pets While this may seem like a fairly straightforward and simple ways to divide up your “stuff” in the event of a divorce, there are a number of pitfalls you need to be aware of. For example, while Arizona considers that vast majority of what is acquired during a marriage to be community property, there are some items that don’t qualify. Inheritance and gifts are not considered community property, nor are funds received for pain and suffering in personal injury settlements. To complicate things further, separate property (usually the property that you have before you enter the marriage or property that is earned after your divorce has begun) CAN TURN INTO COMMUNITY property if it’s not carefully managed during the marriage There are a number of things that can happen over the years to cloud the nature of what you own, and it’s not uncommon for these sorts of disputes to turn into major roadblocks standing between you and settling your divorce. When property is at issue, it makes sense to work alongside an experienced attorney who is familiar with the nuances of Arizona community property laws. ### 2. Arizona law does NOT use the word “custody” At the beginning of 2013, Arizona made dramatic changes to the wording of several major laws used in family law practice. Lawmakers have almost completely removed the word “custody” from Arizona Statutes, and have replaced it with two separate terms: “legal decision making” and “parenting time.” Legal decision-making is the right to make decisions regarding healthcare, education and religion for your children. Parties will typically be seeking either “sole legal decision making,” where one parent calls all the shots, or “joint legal decision making,” where the parties are meant to work together and have equal say in all decisions. “Parenting time” is physical time spent with your child, which is what many people think of when they hear the word “custody.” In most divorces involving minor children, the parties will adopt a formal parenting time schedule and it is this schedule that will determine when and for how long each parent will have their kids. ### 3. Joint legal decision making does NOT mean equal parenting time It is important to realize that legal decision-making and parenting time are two sides of the same coin. The fact that parents may have joint legal decision making of their children does NOT mean that they necessarily have equal parenting time Conversely, just because one parent has more parenting time with the children does NOT mean that they have a greater say in making decisions about education and health care. The concepts of legal decision-making and parenting time are distinct, and it is important to realize that the two do not necessarily need to be equal when you’re negotiating these issues in your family law matter. ### 4. Spousal maintenance is NOT automatic Spousal maintenance is the name for “alimony” in Arizona, and it is NOT automatically awarded. In Arizona, a party must make a formal request for spousal maintenance as a part of their Petition for Dissolution in order for the court to even consider the issue. Once requested, whether or not you’ll be eligible to receive support from your former spouse is entirely dependent on the facts of your case. There are a number of considerations that the Court must make before they can decide what and how much to award you and it all needs to be taken into account before the court can decide on anything. Issues involving spousal maintenance can be difficult and are often times the focal point of heated and costly litigation. If you require spousal maintenance in order to meet your basic needs and reestablish yourself in the wake of a divorce, do not count on the court to automatically know this Consult with an attorney and make sure the court is made aware of your need from the very start. ### 5. Child support CAN be recalculated The appropriate amount of child support that is ordered when a child is four isn’t necessarily going to be appropriate when that same child is fourteen. Your life and the lives of your children are going to continue on well after child support has been determined and the amount that you were receiving or paying then may not be what you should be receiving or paying now. Child support is meant to change as your children grow and your living arrangements adjust. Perhaps you’re making less than you were when the order was made? Maybe the terms of parenting time have changed and you’re with your children substantially more than you were before? Substantial and continuing life changes CAN be a basis on which to modify your support obligations If it’s been some time since your child support went into effect, you could very well be paying too much or receiving too little. ### 6. Conduct counts It’s no secret that emotions run high in family law cases, but the way that you behave and conduct yourself matters. The reasonability of the parties during a family law proceeding is something that judges can and do consider when making decisions concerning parenting time, legal decision making, and even attorneys fees. That angry email or voicemail could very well come back to haunt you if you let emotions get the best of you. Though it may seem impossible at times, it is important to treat the opposing party and the court with the utmost courtesy and respect, even if the other side is behaving poorly. Working with an attorney who understands this and is aware of the importance of courtesy and proper behavior may have a greater impact on your case than you’re likely to believe. ### 7. Domestic violence is serious issue Domestic violence is never acceptable. The Court and factor into many of the determinations that a judge will have to make during a family law case weight incidents of abuse heavily. If domestic violence has occurred between the parties, you should seek out an attorney immediately to discuss the effects it will have on your case, or, at the very least, make sure the court is put on notice of the incident Never assume the court will automatically know what is going on If domestic violence or abuse has occurred, make it known. The law changed significantly on June 22, 2026. The Alec and Lydia Act now requires courts to apply a mandatory presumption against awarding parenting rights to an abusive parent. Domestic violence is no longer just one factor among many — it now triggers mandatory restrictions on parenting time and legal decision making. Courts must explain their decisions in writing when domestic violence is alleged. Learn more: [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/). ### 8. Divorce means tax consequences Divorce in Arizona will result in a complete allocation of community assets and debts between the parties, but that doesn’t necessarily mean everything is over. Dividing up the marital property can result in significant tax consequences that may not even be considered until long after a divorce is finalized. Speaking with a competent financial advisor or a knowledgeable attorney before your divorce is finalized may better help you to better identify and plan for these issues before they become surprises. ### 9. You don’t HAVE to go to court to get divorced While certain legal procedures must be followed and certain paperwork is necessary, parties to a divorce action in Arizona can and often do manage to resolve their case without ever setting foot inside of a courtroom. If you and your spouse are in agreement with how your assets and debts should be divided and how legal decision making and parenting time should be structured, your divorce can be as simple as filing several sets of required documents and waiting for the judge’s signature. This is often times the easiest and least expensive way of handling a divorce, and a full settlement will more often than not keep you from having to go to court. Traditional litigation is NOT the only option. ### 10. Resources and programs are available to you There are a number of programs, self-help forms and options available to you through the Maricopa County Superior Court. From parenting coordinators to assistance for domestic violence, the Court provides a variety of resources that you can access to help you through your family law matter. Though the programs and resources available are too numerous to list here, the following link is a good place to begin: [MARICOPA COUNTY SELF-HELP CENTER](http://www.superiorcourt.maricopa.gov/SuperiorCourt/) --- ### [Mother's Rights](https://www.bestlawaz.com/mothers-rights-in-arizona/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Women and Divorce](https://www.bestlawaz.com/women-divorce-in-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Custody](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [New - Child Custody - Parenting Time and Legal Decision-Making](https://www.bestlawaz.com/parenting-time-legal-decision-making/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Best Interests Of A Child](https://www.bestlawaz.com/best-interests-of-a-child/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Order of Protection](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [A.R.S. § 13-3601: Arizona Domestic Violence Statute](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** Read the Arizona criminal statute that defines domestic violence and the qualifying relationships, procedures, and sentencing provisions attached to it. **Content:** Arizona Statute Reference# A.R.S. § 13-3601: Arizona Domestic Violence Statute Read the Arizona criminal statute that defines domestic violence and the qualifying relationships, procedures, and sentencing provisions attached to it. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) **13-3601**Domestic violence statute **Qualifying Relationship**The relationship is part of the definition **Criminal Code**Title 13, Chapter 36 **Reference**Use with the Alec and Lydia Act ## Alec and Lydia Act resources [HubThe Alec and Lydia Act: What Every Arizona Family Needs to Know](https://www.bestlawaz.com/alec-and-lydia-act/)[HB 2995 TextThe Alec and Lydia Act: HB 2995 Statute Text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Definition GuideWhat Is Domestic Violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/)[Criminal StatuteA.R.S. § 13-3601: Arizona Domestic Violence Statute](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/)[Article 1Alec and Lydia: The Tragedy That Changed Arizona Law](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/)[Article 2What the Alec and Lydia Act Means for Your Arizona Divorce](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/)[Article 3What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/)[Article 4Coercive Control Is Domestic Violence in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Article 5If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/)[Article 6The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/) ## Note on This Document This document reproduces the full text of [A.R.S. § 13-3601](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/) as published on the Arizona Legislature website at azleg.gov. This is the criminal statute defining domestic violence in Arizona. It is incorporated by reference into the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) (HB 2995, effective June 22, 2026) as the foundation of what constitutes domestic violence for family court purposes under A.R.S. § 25-403.03. The Alec and Lydia Act expanded the family court definition to also include coercive control as separately defined in A.R.S. § 25-403.03(L). This criminal statute is the first tier of that definition. Read alongside the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) statute document also published by Best Law Firm. ## Quick Reference: What Offenses Qualify as Domestic Violence Under § 13-3601(A) The following underlying criminal offenses become domestic violence when committed against a person in a qualifying relationship as defined in subsection A(1) through A(6): **13-705**Dangerous crime against children (sexual assault of a minor) **13-1102**Negligent homicide **13-1103**Manslaughter **13-1104**Second degree murder **13-1105**First degree murder **13-1201**Endangerment **13-1202**Threatening or intimidating **13-1203**Assault **13-1204**Aggravated assault **13-1302**Custodial interference **13-1303**Unlawful imprisonment **13-1304**Kidnapping **13-1406**Sexual assault **13-1425**Unlawful distribution of images **13-1502**Criminal trespass, third degree **13-1503**Criminal trespass, second degree **13-1504**Criminal trespass, first degree **13-1602**Criminal damage **13-2810**Interfering with judicial proceedings 13-2904(A)(1)(2)(3)(6) — Disorderly conduct: fighting or violent behavior, unreasonable noise, abusive or offensive language, reckless display of firearm 13-2910(A)(8)(9) — Cruel neglect or mistreatment of an animal 13-2915(A)(3) — Preventing or interfering with use of a telephone in an emergency **13-2916**Electronic communication to terrify, intimidate, threaten or harass **13-2921**Harassment **13-2921.01**Aggravated harassment **13-2923**Stalking **13-3019**Misconduct involving weapons in an airport **13-3601.02**Aggravated domestic violence (third offense within 84 months) **13-3623**Child or vulnerable adult abuse Full Statute Text — [A.R.S. § 13-3601](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/) Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure **A.**“Domestic violence” means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies: **1.**The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. **2.**The victim and the defendant have a child in common. **3.**The victim or the defendant is pregnant by the other party. **4.**The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law. **5.**The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant. **6.**The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship: **(a)**The type of relationship. **(b)**The length of the relationship. **(c)**The frequency of the interaction between the victim and the defendant. **(d)**If the relationship has terminated, the length of time since the termination. **B.**A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person who is at least fifteen years of age, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self-defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection. **C.**A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence. **D.**If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm. **E.**If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody. **F.**If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner’s or possessor’s request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor. **G.**A peace officer is not liable for any act or omission in the good faith exercise of the officer’s duties under subsections C, D, E and F of this section. **H.**Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection. **I.**A person who is arrested pursuant to subsection B of this section may be released from custody in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. **J.**When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including: **1.**An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12-1809. **2.**The emergency telephone number for the local police agency. **3.**Telephone numbers for emergency services in the local community. **4.**Websites for local resources related to domestic violence. **K.**A peace officer is not civilly liable for noncompliance with subsection J of this section. **L.**If a person is convicted of an offense involving domestic violence and the victim was pregnant at the time of the commission of the offense, at the time of sentencing the court shall take into consideration the fact that the victim was pregnant and may increase the sentence. **M.**An offense that is included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, the maximum sentence otherwise authorized for that violation shall be increased by up to two years. **N.**When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall determine if a minor is present. If a minor is present, the peace officer shall conduct a child welfare check to determine if the child is safe and if the child might be a victim of domestic violence or child abuse. ## On this page [Note on This Document](#note-on-this-document)[Quick Reference: What Offenses Qualify as Domestic Violence Under § 13-3601(A)](#quick-reference-what-offenses-qualify-as-domestic-violence-under-13-36) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Sources [Official A.R.S. § 13-3601 text](https://www.azleg.gov/ars/13/03601.htm) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [The Alec and Lydia Act: HB 2995 Statute Text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/) **Published:** July 2, 2026 **Author:** Tali Collins **Excerpt:** Read the enacted statutory text and the core family-court changes behind Arizona's Alec and Lydia Act. **Content:** Arizona Family Law Reference# The Alec and Lydia Act: HB 2995 Statute Text Read the enacted statutory text and the core family-court changes behind Arizona's Alec and Lydia Act. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) **HB 2995**The Alec and Lydia Act **June 22, 2026**Signed and effective **A.R.S. 25**Custody and parenting time **Reference**For clients and attorneys ## Alec and Lydia Act resources [HubThe Alec and Lydia Act: What Every Arizona Family Needs to Know](https://www.bestlawaz.com/alec-and-lydia-act/)[HB 2995 TextThe Alec and Lydia Act: HB 2995 Statute Text](https://www.bestlawaz.com/alec-and-lydia-act-hb-2995-statute-text/)[Definition GuideWhat Is Domestic Violence in Arizona?](https://www.bestlawaz.com/what-is-domestic-violence-arizona/)[Criminal StatuteA.R.S. § 13-3601: Arizona Domestic Violence Statute](https://www.bestlawaz.com/ars-13-3601-domestic-violence-statute/)[Article 1Alec and Lydia: The Tragedy That Changed Arizona Law](https://www.bestlawaz.com/alec-and-lydia-tragedy-changed-arizona-law/)[Article 2What the Alec and Lydia Act Means for Your Arizona Divorce](https://www.bestlawaz.com/what-alec-and-lydia-act-means-arizona-divorce/)[Article 3What Judges Must Now Do When Domestic Violence Is Alleged in an Arizona Divorce with Children](https://www.bestlawaz.com/what-judges-must-do-domestic-violence-arizona-divorce-children/)[Article 4Coercive Control Is Domestic Violence in Arizona](https://www.bestlawaz.com/coercive-control-domestic-violence-arizona/)[Article 5If You Are a Victim of Domestic Violence in an Arizona Divorce: What to Do Now](https://www.bestlawaz.com/victim-domestic-violence-arizona-divorce-what-to-do-now/)[Article 6The Alec and Lydia Act Applies to Unmarried Parents. Here Is What That Means for You.](https://www.bestlawaz.com/alec-and-lydia-act/unmarried-parents/) ## Note on This Document This document reproduces the full text of the [Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/) as enacted by the Arizona Legislature and signed by Governor Katie Hobbs on June 22, 2026. It reflects the amended versions of A.R.S. § 25-403.03 (Legal decision-making and domestic violence), A.R.S. § 25-404 (Temporary orders), and A.R.S. § 25-411 (Modification of legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/)). New or materially amended language is reflected in the text as enacted. The short title provision appears at the end of this document. ## SECTION 1 ### A.R.S. § 25-403.03 — Legal Decision-Making and Domestic Violence **A.**In any legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) matter, the court shall consider domestic violence as contrary to the best interests of the child and shall assign primary importance to the safety and well-being of both the child and domestic violence victim. If an express or implied conflict arises between the requirements of this section and a competing presumption, mandate or public policy in this title, the provisions of this section take priority. **B.**In any legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) matter, the court shall make specific and detailed findings on the record about each factor that is required by this section. The court shall explain in detail why the court’s findings regarding domestic violence serve the child’s best interests, including the presumption prescribed in subsection F of this section and any rebuttal to the presumption that is offered pursuant to subsection G of this section. The court’s findings must address all of the following: **1.**Coercive control. **2.**Evidence that may support a domestic violence claim. **3.**The impact, severity and circumstances of an act or acts of domestic violence that have occurred. **4.**The mandatory presumption against awarding legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to a parent who has committed an act or acts of domestic violence. **5.**Whether a parent who has committed an act or acts of domestic violence rebutted the mandatory presumption under subsection F of this section. **C.**A claim of an act or acts of domestic violence shall be established by a preponderance of the evidence. Corroboration from exhibits or witness testimony is not required. Subject to the evidentiary standard applied to that proceeding pursuant to the Arizona Rules of Family Law Procedure, the court shall consider all of the following: **1.**Factual determinations of an act or acts of domestic violence from a court of competent jurisdiction. **2.**Evidence that is collected and reports that are prepared by a law enforcement agency, the Department of Child Safety and any other government agency. **3.**The alleged victim’s medical or behavioral health records, if the victim waives the associated privilege or other right to confidentiality. **4.**Records from a shelter for victims of domestic violence as defined in section 36-3001. **5.**Educational and school records. **6.**A collateral act or acts of domestic violence against any person by the parent who is the subject of the allegation of committing an act or acts of domestic violence. **7.**Witness testimony. **D.**If the court determines that a parent committed an act or acts of domestic violence, the court shall consider and weigh all of the following nonexclusive factors, and any other relevant considerations, when entering an award of legal decision-making, a [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) schedule and other features of the parenting plan required by section 25-403.02. The court shall determine whether the act or acts of domestic violence meet any of the following: **1.**Risked or inflicted physical injury or emotional trauma on the other parent or child. **2.**Involved the threat or use of a firearm or other dangerous weapon. **3.**Involved the threat or use of strangulation as described in section 13-1204, subsection B, paragraph 1. **4.**Involved multiple forms of coercive control, including whether physical violence, no matter how infrequent, was used to intensify the impact of other forms of coercive control. **5.**Compromised the victim’s education, employment or career goals. **6.**Significantly damaged the victim’s reputation or relationships with family, friends or others. **7.**Created a question as to whether the parent who committed the act or acts of domestic violence can serve as a suitable role model for the child, including with respect to [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). **8.**Revealed a disdain for the other parent or child that would complicate or prevent effective legal decision-making. **9.**Are denied, deflected or minimized during treatment, forensic assessment, formal discovery or courtroom proceedings by the parent who committed the act or acts of domestic violence. **10.**Occurred over a period of time and with sufficient severity or frequency that the passage of time or remoteness of an earlier act or acts of domestic violence constitute an aggravating and not a mitigating factor. **E.**When weighing evidence of a collateral act or acts of domestic violence, the court may consider the passage of time or prior judicial review. The court may not refuse evidence of a collateral act or acts of domestic violence on the grounds that the alleged act or acts of domestic violence or a related legal claim has been decided, predates the last decree or could have been litigated at another time or place. The court shall evaluate whether evidence of a collateral act or acts of domestic violence does any of the following: **1.**Establishes recurring behavior by the parent alleged to have committed an act or acts of domestic violence, including coercive control. **2.**Proves the motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident by the parent alleged to have committed an act or acts of domestic violence. **3.**Explains an otherwise excessive response by the alleged victim to a more recent event as well as other reactive or protective behavior by the alleged victim. **F.**If the court determines that a parent committed an act or acts of domestic violence, there is a mandatory rebuttable presumption that an award of legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) to the parent who committed the act or acts of domestic violence is contrary to the child’s best interests. The court may not require the victim or child to prove that shared legal decision-making or parenting time would harm the child. A rebuttable presumption does not arise if mutual acts of domestic violence occurred. The court may not describe an act or acts of domestic violence as mutual or enter a legal decision-making or parenting time order that treats domestic violence as mutual, unless the evidence establishes that both parents had the same motive for their actions, lacked justification to similar degrees and inflicted comparable harm. **G.**To determine whether the parent who committed an act or acts of domestic violence has rebutted the mandatory presumption prescribed in subsection F of this section, the court shall do all of the following: **1.**Review the court’s findings prescribed by subsection D of this section and apply the court’s findings to the rebuttal determination. **2.**Consider a collateral act or acts of domestic violence by the parent against anyone. **3.**Not treat any of the following considerations as mitigation or relevant to the rebuttal of the mandatory presumption: **(a)**The child’s absence from the location where the act or acts of domestic violence occurred. **(b)**The child’s unawareness that a parent committed the act or acts of domestic violence. **(c)**The child’s preference for reinstating, maintaining or increasing [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) with a parent who committed the act or acts of domestic violence. **4.**Consider the parent’s attendance at a domestic violence treatment program. The court may not consider a certificate of completion alone as proof of rehabilitation. A parent who wishes to use attendance at a domestic violence treatment program as rebuttal evidence must do all of the following: **(a)**Waive the associated statutory privilege or other confidentiality necessary to release that person’s treatment records to the court and the victim. **(b)**Establish that the treatment program was both relevant and proportionate to the act or acts of domestic violence for which the parent was adjudicated. **(c)**Demonstrate an understanding of how the parent’s act or acts of domestic violence harmed the family. **(d)**Prove that the treatment program addressed and helped reduce any tendency to minimize or rationalize the act or acts of domestic violence. **5.**Evaluate whether a parent’s chosen treatment program was relevant and proportionate to that person’s history of domestic violence. In making this evaluation, the court shall consider the criteria outlined in the Arizona Administrative Code that governs treatment standards for misdemeanor domestic violence offenders. **H.**If the parent who committed an act or acts of domestic violence fails to overcome the mandatory presumption prescribed in subsection F of this section, the court shall do all of the following: **1.**Not grant joint legal decision-making or sole legal decision-making authority to that parent. **2.**Impose restrictions on the manner and frequency of that parent’s interactions with the child that are consistent with the proven act or acts of domestic violence, including any of the following: **(a)**Order that an exchange of the child occur in a protected location or a safe exchange location as prescribed in section 25-403.10 that is specified by the court. **(b)**Limit [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), including a prohibition on overnight parenting time with the child. **(c)**Designate a professional agency or one or more persons to supervise [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). The court may not appoint the victim of the act or acts of domestic violence to serve as the supervisor, whether alone or with another person. The court may not appoint a person to supervise parenting time unless the parent being supervised affirms to the court that the appointed supervisor will do all of the following: **(i)**Receive and read the court’s order. **(ii)**Provide a reliable telephone number, email address and residential address to both parents. **(iii)**Intervene and contact an appropriate law enforcement agency, the Department of Child Safety and the other parent if the supervised parent’s behavior endangers the child or becomes psychologically abusive. **(iv)**Appear for future court proceedings and testify regarding the supervision. **(d)**Order the parent who committed the act or acts of domestic violence to pay a fee for the costs of supervised [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/). **(e)**Suspend access to the child, in any form, until the parent who committed an act or acts of domestic violence can petition for a modification of legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) pursuant to section 25-411. **(f)**Order the parent who committed the act or acts of domestic violence to attend and complete a program of intervention for perpetrators of domestic violence and any other counseling the court orders. **(g)**If the court finds that the parent who committed the act or acts of domestic violence has also abused alcohol, other intoxicants or controlled substances, the court may order that parent to abstain from possessing or consuming alcohol, other intoxicants or controlled substances. **(h)**Require a bond for the child’s safe return from the parent who committed the act or acts of domestic violence. **(i)**Order that the address of the child and other parent remain confidential. **(j)**Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member. **I.**The court may not order a victim of domestic violence, whether the child or a parent, to join the parent who committed an act or acts of domestic violence in any inpatient or outpatient treatment program, counseling program or forensic assessment, whether telephonic, virtual or in person. **J.**The court may request or order the services of the Department of Child Safety if the court believes that a child may be the victim of child abuse or neglect as defined in section 8-201. **K.**In determining whether the absence or relocation of a parent shall be weighed against that parent in determining legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/), the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent. **L.**For the purposes of this section: **1.**“Coercive control”: **(a)**Means a pattern of threatening, humiliating or intimidating actions that is used to harm, punish or frighten a person. **(b)**Includes all of the following: **(i)**A pattern of behavior that takes away a person’s liberty or freedom. **(ii)**Stripping a person’s sense of self, bodily integrity and human rights. **(iii)**Isolating a person from friends and family. **(iv)**Depriving a person of independence. **(v)**Regulating a person’s everyday behavior. **(vi)**Monitoring, surveilling, regulating or controlling a person’s finances, economic resources or access to services, or those of the person’s child or relative. **(vii)**Monitoring, surveilling, regulating or controlling a person’s activities, communications or movements, including through the use of technology, or those of the person’s child or relative. **(viii)**Name-calling, degrading or demeaning a person or the person’s child or relative on a frequent basis. **(ix)**Threatening to harm or kill a person or the person’s child or relative, including wearing, accessing, displaying, using or cleaning a weapon in an intimidating or threatening manner. **(x)**Threatening to commit suicide or self-harm, when used as a method of coercion, control, punishment, intimidation or retaliation against a person. **(xi)**Threatening to harm or kill an animal that a person or the person’s child or relative has an emotional bond with. **(xii)**Threatening to publish a person’s sensitive personal information, including sexually explicit material, or those of the person’s child or relative. **(xiii)**Threatening to make reports to law enforcement authorities without reasonable cause. **(xiv)**Damaging a person’s property or household goods, or those of the person’s child or relative. **(xv)**Threatening a person or the person’s child or relative with deportation, contacting authorities based on perceived or actual immigration status, withholding essential documents required for immigration or threatening to withdraw or interfere with an active immigration application or process. **(xvi)**Forcing a person or the person’s child or relative to take part in criminal activities or child abuse. **2.**“Collateral act” means conduct that, in time, location, sequence and causation, is substantially distinct from the occurrences or acts at issue before the court. **3.**“Domestic violence”: **(a)**Means, when perpetrated by one parent against the other parent or against a minor child living in either parent’s household, either of the following: **(i)**Domestic violence as defined in section 13-3601. **(ii)**Coercive control. **(b)**Does not include defense of self or another if the defensive acts were proportionate to the assault and the parent claiming self-defense did not provoke the altercation. ## SECTION 2 ### A.R.S. § 25-404 — Temporary Orders (Amended) **A.**A party to a legal decision-making and [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) proceeding may move for a temporary order. This motion must be supported by pleadings as provided in section 25-411. The court may award temporary legal decision-making and parenting time under the standards of section 25-403 after a hearing, or, if there is no objection, solely on the basis of the pleadings. **B.**If a proceeding for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order is vacated unless a parent or the child’s custodian moves that the proceeding continue as a legal decision-making or parenting time proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child require that a legal decision-making or parenting time plan decree be issued. **C.**If a legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) proceeding commenced in the absence of a petition for dissolution of marriage or legal separation is dismissed, any temporary legal decision-making or parenting time order thereby is vacated. **D.**If a party to a proceeding for a temporary order for legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) pursuant to this section alleges that the other party committed an act or acts of domestic violence as defined in section 25-403.03, the court shall make written findings regarding the allegation of the act or acts of domestic violence pursuant to the requirements of section 25-403.03. ## SECTION 3 ### A.R.S. § 25-411 — Modification of Legal Decision-Making or Parenting Time (Amended, Selected Provisions) Note: Section 25-411 was amended in several respects. The provisions most directly relevant to domestic violence practice are reproduced below. The full statute should be consulted for military deployment provisions and other matters not directly related to domestic violence. **A.**A person shall not make a motion to modify a legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) decree earlier than one year after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health. At any time after a joint legal decision-making order is entered, a parent may petition the court for modification of the order on the basis of evidence that domestic violence involving a violation of section 13-1201 or 13-1204, spousal abuse or child abuse occurred since the entry of the joint legal decision-making order. Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section. **J.**The court may modify an order granting or denying [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) rights whenever modification would serve the best interest of the child, but the court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger seriously the child’s physical, mental, moral or emotional health. **K.**If after a legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order is in effect one of the parents is charged with a dangerous crime against children as defined in section 13-705, child molestation as defined in section 13-1410 or an act of domestic violence as prescribed in section 13-3601 in which the victim is a minor, the other parent may petition the court for an expedited hearing. Pending the expedited hearing, the court may suspend parenting time or change legal decision-making ex parte. **L.**An allegation of an act or acts of domestic violence as defined in section 25-403.03 shall be a primary factor in the court’s consideration of modification of a legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order. The court shall allow a parent to present evidence of an act or acts of domestic violence that occurred before the existing legal decision-making or parenting time order. **M.**To modify any type of legal decision-making or [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) order a person shall submit an affidavit or verified petition setting forth detailed facts supporting the requested modification and shall give notice, together with a copy of the affidavit or verified petition, to other parties to the proceeding, who may file opposing affidavits. The court shall deny the motion unless it finds that adequate cause for hearing the motion is established by the pleadings, in which case it shall set a date for hearing on why the requested modification should not be granted. **N.**The court shall assess attorney fees and costs against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment. **O.**Subsection M of this section does not apply if the requested relief is for the modification or clarification of [parenting time](https://www.bestlawaz.com/parenting-time-legal-decision-making/) and not for a change of legal decision-making. ## SECTION 4 ## Short Title This act may be cited as the “[Alec and Lydia Act](https://www.bestlawaz.com/alec-and-lydia-act/).” ## On this page [Note on This Document](#note-on-this-document)[SECTION 1](#section-1)[SECTION 2](#section-2)[SECTION 3](#section-3)[SECTION 4](#section-4)[Short Title](#short-title) ## Need help? If domestic violence, child safety, or coercive control is part of your case, talk with an Arizona family law attorney before you sign, file, or agree to parenting orders. [Book a $100 Consultation](https://www.bestlawaz.com/talk-to-tali/) ## Sources [Official HB 2995 bill text](https://www.azleg.gov/legtext/57leg/2r/bills/hb2995s.htm)[Legislative summary](https://www.azleg.gov/legtext/57leg/2R/summary/H.HB2995_021226_SENATEENGROSSED.pdf) ## Talk with Tali about your next step If domestic violence, coercive control, child safety, or parenting time is part of your Arizona family law case, a focused consultation can help you understand what evidence matters and what the court should now be required to consider. [Book Your Consultation](https://www.bestlawaz.com/talk-to-tali/) ## About the Author Tali Best Collins, Esq. is the Managing Partner of Best Law Firm and has practiced family law exclusively in Arizona for nearly twenty years. She serves as a Judge Pro Tem in Maricopa County Superior Court and handles all new client consultations at Best Law Firm. **Best Law Firm** | 7025 N. Scottsdale Road Suite 303 | Scottsdale, AZ 85253 | [(480) 219-2433](tel:4802192433) | [Talk to Tali](https://www.bestlawaz.com/talk-to-tali/) This page is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Arizona family law outcomes depend on the facts of each case, current statutes, court rules, local procedures, and judicial discretion. If you are in immediate danger, call 911. --- ### [Arizona Spousal Maintenance Calculator](https://www.bestlawaz.com/spousal-maintenance-calculator/) **Published:** June 16, 2026 **Author:** Cindy Best **Content:** # Arizona Spousal Maintenance Calculator Estimate the Arizona guideline amount and duration ranges with the same public calculator service used by the Superior Court of Arizona. [Start the calculator](#smc-calculator) [Talk to a family law attorney](/contact/) **Current statewide guideline version included** Default version Effective as of 1/1/26 Prior versions 9/1/25 through 12/31/25 and 9/24/22 through 8/31/25 Outputs Monthly amount range, duration range, income totals, and printable worksheet fields ## Spousal maintenance worksheet Enter annual incomes, dates, family size, and the requesting party. The calculator returns guideline ranges from the public Arizona Judicial Branch calculator endpoint. ## Superior Court of Arizona Spousal Maintenance Worksheet Prepared with Best Law Firm Arizona ## Worksheet setup Prepared by Judicial Officer Petitioner Respondent Lawyer for Petitioner Lawyer for Respondent Court Staff Other Version Effective as of 1/1/26 Effective 9/1/25 through 12/31/25 Effective 9/24/22 through 8/31/25 Date Other prepared by ## Calculation details Party requesting maintenance Petitioner Respondent Family size Must be two or more. Date of marriage Date of service of process Family monthly mortgage principal only This field appears for the 9/24/22 through 8/31/25 version. ## Income Petitioner annual actual income Respondent annual actual income Petitioner annual additional attributed income Respondent annual additional attributed income ## Deviation and step down Deviation Requested? Deviation explanation Amount Requested per month paid to **the requesting party** Step down? Step down 1 amount Step down 1 total months Step down 2 amount Step down 2 total months Step down notes ## Duration adjustments Permanent disability? Permanent disability explanation Indefinite disability? Indefinite disability explanation Based upon the indefinite nature of the disability, duration may be modified in the future under Section V.2.c.1 of the Guidelines. Extraordinary circumstances? Extraordinary circumstances explanation Duration Requested Total months paid to **the requesting party** Calculate Print worksheet Reset ## Guideline results Enter the required dates, family size, requesting party, and income figures, then calculate. Monthly amount range Low **$0.00** Midpoint **$0.00** High **$0.00** The party requesting maintenance is earning more income. Standard duration range Low **–** High **–** **Not Eligible** Monthly totals Petitioner monthly **$0.00** Respondent monthly **$0.00** Combined monthly **$0.00** Annual totals Petitioner total **$0.00** Respondent total **$0.00** Family actual income **$0.00** Family attributed income **$0.00** Family total income **$0.00** ## Important note This calculator is an informational planning tool and is not legal advice. Arizona courts can consider factors outside the guideline calculation. For advice about your facts, request, response, or possible deviation, speak with an Arizona family law attorney. --- ### [Resources](https://www.bestlawaz.com/resources/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Child Support Calculator AZ](https://www.bestlawaz.com/arizona-child-support-calculator/) **Published:** January 27, 2017 **Author:** Cindy Best --- ### [Donielle Wright](https://www.bestlawaz.com/donielle-wright/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Meet the team at Best Law Firm](https://www.bestlawaz.com/our-team/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Child Support Calculator](https://www.bestlawaz.com/child-support-calculator/) **Published:** June 16, 2026 **Author:** Cindy Best **Content:** Arizona family law resource # Arizona Child Support Calculator Estimate monthly child support under the 2022 Arizona Child Support Guidelines using the schedule and adjustment logic from the Maricopa County Excel calculator workbook. This calculator is informational only and is not legal advice. The court has final authority to determine child support. ## Case Basics Parent A name Parent B name Minor children 1 child 2 children 3 children 4 children 5 children 6 children Children age 12 or older Children under 13 for child care Do not apply self-support reserve test ## Parenting Time Parenting plan Parent A has most time Parent B has most time Equal parenting time Annual days with non-primary parent Direct parenting-time percentage Hourly minimum wage for reserve test ## Income ### Parent A ### Parent B Income frequency Monthly Annual Hourly Income amount Income frequency Monthly Annual Hourly Income amount Parent A income attributed Parent B income attributed Spousal maintenance A pays B Spousal maintenance B pays A Other child support paid by A Other child support paid by B Other children supported by A Custom deduction for A Other children supported by B Custom deduction for B ## Child Costs Paid Monthly ### Paid by Parent A ### Paid by Parent B Medical, dental, vision insurance Child care Extra education Extraordinary child expenses Medical, dental, vision insurance Child care Extra education Extraordinary child expenses Calculate Reset Print Estimated monthly support $0 Complete the fields to calculate. Parent A adjusted income**$0.00** Parent B adjusted income**$0.00** Combined adjusted income**$0.00** Basic support obligation**$0.00** Age 12+ adjustment**$0.00** Additional child costs**$0.00** Total child support obligation**$0.00** Parent A percentage share**0%** Parent B percentage share**0%** Parenting-time percentage**0%** Self-support reserve**$0.00** Reserve adjustment**$0.00** Workbook version 2.2.0. Schedule range 750 to 30,000 monthly combined adjusted income. --- ### [Family Law Firm in Paradise Valley, Arizona](https://www.bestlawaz.com/paradise-valley-family-law-firm/) **Published:** May 22, 2026 **Author:** Cindy Best **Content:** Paradise Valley Family Law# Divorce, Custody & Mediation Law Firm in Paradise Valley, AZ Best Law Firm serves Paradise Valley families facing divorce, custody, mediation, high net worth asset division, and private family transitions where the details matter. [Book a $100 Consultation](https://bestlawaz.com/schedule-consultation/) **19**Years serving Paradise Valley families **$100**Start with a legal consultation **5,000+**Mediations handled by the firm **85253**We know this neighborhood ## Paradise Valley families face a different set of challenges Paradise Valley is one of the wealthiest communities in Arizona. The homes here are extraordinary. So are the divorces. A divorce in Paradise Valley is rarely simple. The assets are layered and complex. There may be a family business, a significant investment portfolio, retirement accounts accumulated over decades, real estate holdings in multiple states, a prenuptial agreement that needs to be defended or challenged, or an inheritance that was carefully kept separate, or perhaps not carefully enough. The children in these families often attend private schools, travel internationally, and have lives that a standard parenting plan does not easily accommodate. The stakes are high and the details matter. Best Law Firm has been serving Paradise Valley families for 19 years. We know the demographic, the financial complexity, and the privacy concerns that come with high net worth divorce in this community. We handle these cases with the discretion and the depth of experience they require. All divorce details do not need to be public, even though the court filings are public. ## We are part of this community This is not a firm that serves Paradise Valley from a distance. Tali and Cindy have lived in Scottsdale since 1991. Tali’s children attend school in Paradise Valley. Tali Best Collins plays tennis in Paradise Valley. The firm’s office is at 7025 N. Scottsdale Road in the 85253 zip code. When you call Best Law Firm, you are not calling a regional firm that treats Paradise Valley as just another market. You are calling attorneys who understand this community, who have represented families in it for nearly two decades, and who take the responsibility that comes with that seriously. ### Local context matters. Our family has more than 30 years of familiarity and interaction with Paradise Valley. We understand the privacy concerns, financial complexity, school calendars, travel realities, and family dynamics that often shape these cases. ## How Best Law Firm helps Paradise Valley families Whether you are facing divorce, parenting time and legal decision-making issues, or trying to resolve your case through mediation or coaching, these are the core Paradise Valley family law paths to start with. ### Divorce Divorce in Paradise Valley often involves complex assets, privacy concerns, business valuation, prenuptial agreements, and parenting decisions where the details matter from day one. [Learn About Divorce](https://www.bestlawaz.com/paradise-valley-family-law-firm/divorce/) ### Child Custody Arizona no longer uses the word custody in family court orders. The real questions are legal decision making, parenting time, and how to protect your children when the family structure changes. [View Child Custody](https://www.bestlawaz.com/paradise-valley-family-law-firm/child-custory/) ### Mediation & Coaching Resolve your divorce on your own terms with mediation and divorce coaching built for Paradise Valley families, complex assets, privacy concerns, and high-stakes parenting decisions. [Explore Mediation & Coaching](https://www.bestlawaz.com/paradise-valley-family-law-firm/divorce-mediation-divorce-coaching/) ## How it works Every case starts with a focused consultation so you can understand your options before making bigger decisions. 1 ### Start with a $100 Legal Consultation Every engagement at Best Law Firm begins here: up to one hour with Tali Best Collins personally. She listens to your situation, assesses the issues, and gives you a complete Game Plan for what comes next. 2 ### Understand Your Options After the consultation, you understand exactly what level of service you can choose from and what your situation calls for. Some clients need full representation. Others benefit from coaching, mediation, or both. 3 ### Engage at the Right Level From a single coaching session to full trial representation, the firm has the experience and capacity to handle what your case requires. Written fee agreement before every engagement. No surprises. ## Credentials and experience Paradise Valley family law cases require judgment, discretion, and experience with high-value assets, contested parenting issues, mediation, and litigation. **19 Years**In business. **Over 75 Years**Combined legal experience. **Close to 1,000**Trials across family law matters. **5,000+**Mediations/settlements handled by the firm. **2 Judge Pro Tems**Cynthia L. Best, Esq. and Tali Best Collins, Esq. both served as Judge Pro Tem in Maricopa County. **Super Lawyers**Tali Best Collins named Southwest Rising Star by Super Lawyers 2026. **The Book**The Divorce Coach Handbook, co-authored by Cynthia L. Best and Tali Best Collins. **85253**Primary office: 7025 N. Scottsdale Road Suite 303, Scottsdale, AZ 85253. ## Questions and Answers ### Does Best Law Firm serve Paradise Valley clients? Yes. Best Law Firm has served Paradise Valley families for 19 years. Our office at 7025 N. Scottsdale Road Suite 303 is in the 85253 zip code. Both partner attorneys are part of the Paradise Valley community personally. Tali Best Collins plays tennis in Paradise Valley. This is a market we know well and have served consistently since the firm was founded in 2007. ### What makes divorce in Paradise Valley different from other Arizona divorces? The financial complexity is one of the primary differences. Paradise Valley estates often involve layered assets, family businesses, significant investment portfolios, multiple properties, retirement accounts accumulated over decades, and inheritance questions. Privacy is also a significant concern for many Paradise Valley families, and Best Law Firm takes that seriously. ### Can you handle a high net worth divorce involving a family business? Yes. Business valuation in divorce is one of the most complex and contested areas of family law. Best Law Firm has handled these cases consistently throughout its 19-year history. We work with qualified business valuators when needed and know how to scrutinize valuations prepared by the other side. ### Is mediation appropriate for a high net worth divorce? Often, yes. Mediation gives both parties control over the outcome in a way litigation cannot. For families with significant assets and reputations to protect, the privacy and control that mediation provides is genuinely valuable. Some high net worth cases do require litigation. We tell you honestly which category yours falls into. ### What does a legal consultation cost and what do I get? A legal consultation at Best Law Firm is $100 for up to one hour with Tali Best Collins personally. You get a complete Game Plan for your situation. Tali listens, assesses the legal issues, explains what Arizona law says about your circumstances, and gives you a clear road map for what comes next. ### How do I protect an inheritance during a divorce in Arizona? An inheritance is sole and separate property in Arizona and your spouse has no claim to it as long as it has been kept separate. The risk is commingling. If inherited funds were deposited into a joint account, used as a down payment on the family home, or mixed with community money, tracing may be required to recover separate status. ## Ready to talk? Book your $100 consultation with Tali Best Collins and leave with a clearer understanding of your options, risks, and next steps. [Book Your Consultation](https://bestlawaz.com/schedule-consultation/) ## How We Have Helped Paradise Valley Families Anonymized client outcomes from complex family law matters involving high net worth assets, mediation, business value, and parenting plans. ### Intellectual Property Developed Before Marriage One spouse had developed significant intellectual property before the marriage. The other spouse had a legitimate argument about value created during the marriage. This was not a black and white issue and could have lasted years in litigation with multiple experts and enormous cost. We represented our client in mediation with a trusted experienced mediator we often use for high net worth cases. Everyone worked through the analysis together and reached an agreement that was acceptable to both parties. This was done in a day, without the risk of losing, and each party felt successful. ### Pre-Marriage Income Stream and a High Net Worth Lifestyle One spouse had built a significant income stream before the marriage from the sale of an internet product. That income supported an extraordinarily comfortable lifestyle throughout the marriage, and the lines between separate and community income were not clean after years of commingled finances. We represented one spouse and mediated the financial division over multiple sessions. Both spouses doubted whether mediation would work. Both left relieved after successfully negotiating the outcome, with their financial future left in their control. ### Medical Practice Valuation and a Negotiated Buyout A physician started her medical practice before marriage and built it during the marriage. She wanted to continue working in the practice, while her husband made unreasonable demands about value, a lien, and payment schedule. The parties decided the risk and reward of trial and years of litigation were not worth it. We worked out the details in mediation in a way both parties could accept. No public record. No drawn out litigation consuming the value they were fighting over. ### The Nanny Who Moved with Parenting Time Our client was a highly paid professional with a young son. There were medical issues involving the mother’s ability to care for the son, even though she was a very good mother. The parents decided to allow the nanny to go with the son to both homes, so he was always well cared for and safe. The parenting plan secured the details, and both parents felt satisfied with this unique outcome. [Get Directions](https://www.google.com/maps?cid=11232948641881172499&g_mp=CiVnb29nbGUubWFwcy5wbGFjZXMudjEuUGxhY2VzLkdldFBsYWNlEAMYASAF&hl=en&gl=US&source=embed) ## Divorce & Family Law Firm 7025 N. Scottsdale Road, Suite 303 Scottsdale, AZ 85253 [(480) 219-2433](tel:4802192433) [Contact Us](https://bestlawaz.com/schedule-consultation/) ### Hours of Operation Monday8:30AM – 5:00PM Tuesday8:30AM – 5:00PM Wednesday8:30AM – 5:00PM Thursday8:30AM – 5:00PM Friday8:30AM – 2:00PM SaturdayClosed SundayClosed --- ### [Divorce Lawyers in Paradise Valley, Arizona](https://www.bestlawaz.com/paradise-valley-family-law-firm/divorce/) **Published:** May 22, 2026 **Author:** Cindy Best **Content:** Paradise Valley divorce attorneys# Paradise Valley Divorce Attorneys High net worth divorce, complex asset division, mediation, and coaching for Paradise Valley families. 19 years of experience in the 85253 community. By Tali Best Collins, Esq. | Managing Partner, Best Law Firm Last reviewed: June 2026 [Schedule Consultation](https://www.bestlawaz.com/schedule-consultation/) [Call (480) 219-2433](tel:4802192433) **19+**Years Serving Paradise Valley Families **5,000+**Mediations **1,000+**Trials **$100**Start With a Legal Consultation ## Divorce in Paradise Valley Is Different. So Is Our Approach. Paradise Valley divorce cases are not standard cases. The assets are layered. The privacy concerns are real. The children have lives that most parenting plan templates do not begin to address. The gap between what a sophisticated client needs and what a standard divorce attorney provides can be significant. Best Law Firm is located at 7025 N. Scottsdale Road, Suite 303 in the 85253 community. Tali Best Collins plays tennis in Paradise Valley. Tali’s children attend school in Paradise Valley. Our firm is part of this community. Every client starts with a $100 legal consultation with Tali Best Collins personally. You leave with a Game Plan, an honest assessment of your options, and a clear picture of what each path is likely to cost in time, money, and stress. [Schedule Your $100 Consultation](https://www.bestlawaz.com/schedule-consultation/) ### Start with clarity. A focused consultation helps you understand what matters legally, what can be resolved privately, and what level of help your situation actually requires. ## What Paradise Valley Divorce Cases Involve Complex finances, public-record concerns, business ownership, separate property questions, and parenting realities often overlap. These are the issues we look for early so your strategy is built around the real case, not a generic checklist. ### Complex Asset Division Multiple properties, investment portfolios, family businesses, deferred compensation, stock options, intellectual property, trusts, and family limited partnerships require attorneys who have handled these assets before. [Learn about high net worth divorce](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/) ### Business Valuation If one or both spouses own a business, valuation may become a central dispute. Mediation can build buyout structures that keep the business alive while compensating both spouses fairly. ### Separate Property and Commingling Inherited wealth, pre-marriage assets, and income streams that predate the marriage can become complicated when separate funds mix with community money. Tracing requires records and legal analysis. ### Privacy Arizona court filings are public records. Mediation and negotiated settlement help keep financial details, business valuations, and parenting disputes out of the public record whenever possible. ### Prenuptial Agreements Some agreements are strong. Others have vulnerabilities involving coercion, inadequate disclosure, timing, or changed circumstances. Bring your prenup to the consultation so Tali can review what it covers. [Read about prenuptial agreements](https://www.bestlawaz.com/prenuptial-agreements-phoenix-scottsdale-arizona/) ### Grey Divorce Divorces after long marriages and second marriages can involve decades of commingled assets, significant retirement accounts, spousal maintenance, social security considerations, and estate planning changes. [Learn more about grey divorce](https://www.bestlawaz.com/gray-divorce-phoenix-scottsdale-arizona/) ## The Divorce Process in Arizona Every divorce is different, but most Arizona cases move through a familiar sequence. The strategy is to keep the process focused, protect what matters, and resolve the case as efficiently as the facts allow. 1 ### $100 Legal Consultation Every engagement at Best Law Firm starts here. Up to one hour with Tali Best Collins personally. You leave with a complete Game Plan, a realistic picture of your options, and honest guidance on what level of service your situation requires. 2 ### Filing the Petition A divorce begins when one spouse files a Petition for Dissolution with the Superior Court. The petition and related documents are then served on the other spouse, and the date of service starts Arizona’s 60-day minimum waiting period. 3 ### Disclosure and Discovery Both spouses must disclose assets, debts, income, and financial information under Arizona Rule 49. In Paradise Valley cases, this often involves significant financial complexity and careful document review. 4 ### Mediation and Settlement Most Arizona divorce cases go through mediation at some point. Best Law Firm has certified attorney mediators and has been part of more than 5,000 mediations. Mediation is usually faster, less expensive, more private, and more flexible than trial. [See how mediation works](https://www.bestlawaz.com/divorce-mediation-arizona/what-we-do/) 5 ### Final Decree The divorce is final when the judge signs the Decree of Dissolution after mediation or trial. The decree, property settlement, and parenting plan resolve property, debt, spousal maintenance, legal decision-making, parenting time, child support, insurance, tax issues, and name restoration if requested. ## Get a Game Plan A $100 consultation with Tali Best Collins gives you specific legal advice on your situation so you can move forward with clarity, reduce anxiety, and make decisions based on real information rather than fear or assumptions. [Schedule Consultation](https://www.bestlawaz.com/schedule-consultation/) [Call (480) 219-2433](tel:4802192433) ## How to Choose the Right Divorce Attorney for a Paradise Valley Case Conflict makes money for attorneys. The more contested the case, the longer it runs, the more it costs. Some attorneys see a Paradise Valley client and see a long, drawn-out case. That can make wealth a vulnerability instead of an advantage. Be wary when an attorney starts assembling a team before there is a demonstrated need: a family court advisor before there is a genuine dispute, a forensic financial expert before anyone has identified a real financial issue, or a discovery master before there is an actual discovery dispute. Interview attorneys before you choose one. A good attorney asks early what is most important to you, proposes mediation when appropriate, explains strategy, invites your input, and gives you a real picture of cost, timeline, and risk. ### Ask About Mediation An experienced family law attorney should explain when mediation makes sense and when court intervention is actually necessary. ### Watch the Expert Team Experts can be essential, but they should be tied to a real issue, not added automatically because the case involves money. ### Know the Strategy You should understand what the attorney is trying to accomplish, what it may cost, and what risks come with each path. ## What a Paradise Valley Divorce Costs The honest answer varies enormously. A cooperative Paradise Valley divorce with complex assets that resolves through mediation might cost each party $5,000 to $10,000 in total legal fees. A fully contested divorce involving business valuation, extensive discovery, expert witnesses, and multiple hearings can cost over $100,000 or more per side. The biggest driver is not the hourly rate. It is the level of conflict. Every unnecessary motion, deposition, and hearing moves money away from the family and into the fight. ### Choose the level of help that fits the case. Some clients need full representation. Others need mediation or hourly coaching. The first consultation is where you sort that out. **$100**### Legal Consultation Up to one hour with Tali personally. A complete Game Plan. No retainer. No commitment beyond the session. **$450 per hour**### Divorce Coaching One hour minimum. No retainer. Real legal guidance by the hour at the moments you need it. **$350 to $450 per hour**### Mediation Three hour minimum. Typically split equally between both parties, with a written fee agreement before engagement. **Full representation**### Advance Fee Options Tali can explain the available advance fee options, hourly rates, and fee agreement terms during your consultation. ## How We Have Helped Paradise Valley Families These examples are anonymized, but they reflect the kind of complex divorce issues Paradise Valley families often bring to the table. **Success story**### Intellectual Property Developed Before Marriage One spouse developed significant intellectual property before marriage. The other had a legitimate argument about value created during the marriage. We brought both spouses to the table, worked through the analysis together, and reached an agreement both understood and accepted. **Success story**### Pre-Marriage Income Stream One spouse built a significant income stream before marriage from the sale of an internet product. After years of commingled finances, the lines were not clean. Through multiple mediation sessions, both spouses moved from intractable positions to agreements they could live with. **Success story**### Medical Practice Valuation A physician built her medical practice during the marriage and wanted to keep it. Her husband had a legitimate claim to its value. We mediated a buyout structure that allowed the wife to continue practicing, compensated the husband, and kept the business intact. ## Frequently Asked Questions About Divorce in Paradise Valley Is my spouse entitled to half of everything in a Paradise Valley divorce?Arizona is a community property state. Property acquired during the marriage is generally divided equitably between the spouses. Equitably does not always mean exactly in half. Separate property claims, commingling disputes, prenuptial agreements, reimbursement claims, and waste arguments can all affect the outcome. My spouse wants to keep the business. Does that mean I get nothing from it?No. If the business is community property or has community property value, you are entitled to your share, often handled through a lien, other assets of equivalent value, a cash buyout, or a structured payment arrangement. Can I keep my divorce private?You usually cannot seal a divorce file entirely, but you can limit what becomes part of the public record by resolving your case through mediation and settlement rather than litigation. When a case goes to trial, significantly more information becomes public. How long will a Paradise Valley divorce take?The minimum under Arizona law is 60 days from the date the divorce papers are served. A cooperative case with complex assets that resolves through mediation can finish in three to six months. A fully contested case involving business valuation, extensive discovery, and trial preparation can take over one year to three or more years. We have been married over 30 years. How does that affect our divorce?The length of the marriage can affect spousal maintenance eligibility and duration, make separate property claims harder to trace, require complex retirement account division analysis, and add social security and estate planning considerations that do not arise in shorter marriages. My spouse had money before we married. Does any of that belong to me?Generally no, but it depends on what happened to those assets during the marriage. If separate property was kept completely separate, it remains separate. If it was commingled with community money or used for community purposes, some or all of it may have lost its separate character. A prenuptial agreement can also change the analysis. How do I know if my attorney is the right fit?Interview them. A good attorney asks what matters most to you, explains strategy clearly, invites your input, avoids fear-based advice, and does not talk about hiring a team of experts before there is a demonstrated need. No attorney can guarantee what a court will decide. ## Schedule Your Consultation We can conduct your consultation by phone, Zoom, or in person at our Scottsdale office at 7025 N. Scottsdale Road, Suite 303, Scottsdale, AZ 85253. Call us today at (480) 219-2433 or book online. [Book Online](https://www.bestlawaz.com/schedule-consultation/) [Call (480) 219-2433](tel:4802192433) [(480) 219-2433](tel:4802192433) 7025 N. Scottsdale Road, Suite 303 Scottsdale, AZ 85253 The information on this page is intended to be informational only and does not establish an attorney-client relationship, nor is it meant to be legal advice for any specific matter. Readers should not act upon any information without seeking the advice of licensed counsel. Located north of the Redfield on the west side of Frank Lloyd Wright. [Get Directions](https://www.google.com/maps?cid=11232948641881172499&g_mp=CiVnb29nbGUubWFwcy5wbGFjZXMudjEuUGxhY2VzLkdldFBsYWNlEAMYASAF&hl=en&gl=US&source=embed) ## Divorce & Family Law Firm 7025 N. Scottsdale Road, Suite 303 Scottsdale, AZ 85253 [(480) 219-2433](tel:4802192433) [Contact Us](https://www.bestlawaz.com/schedule-consultation/) ### Hours of Operation Monday8:00am – 5:00pm Tuesday8:00am – 5:00pm Wednesday8:00am – 5:00pm Thursday8:00am – 5:00pm Friday8:00am – 2:00pm SaturdayClosed SundayClosed --- ### [Child Custody Lawyers in Paradise Valley, Arizona](https://www.bestlawaz.com/paradise-valley-family-law-firm/child-custory/) **Published:** May 22, 2026 **Author:** Cindy Best **Content:** Paradise Valley Parenting Time & Legal Decision Making# Parenting Time and Legal Decision Making in Paradise Valley Divorces Arizona no longer uses the word custody in family court orders. The real questions are legal decision making, parenting time, and how to protect your children when the family structure changes. By Tali Best Collins, Esq. | Managing Partner, Best Law Firm Last reviewed: June 2026 [Book a $100 Consultation](https://www.bestlawaz.com/schedule-consultation/) **19**Years handling Arizona family law matters **25-403**Arizona’s best interests statute **45 Days**Required relocation notice in Arizona **$100**Start with a legal consultation ## The goal should always be the children In nearly twenty years of Arizona family law, Tali Best Collins has seen many parenting disputes. Some were genuinely about the children. Others were about something else entirely, and the children were simply the arena where it played out. Best Law Firm handles [child custody and parenting time matters](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona/) for families throughout Scottsdale, Paradise Valley, and Maricopa County. One Paradise Valley case involved two parents spending more than $100,000 arguing about their daughter’s piano lessons. Not school. Not where she lived. Not a safety concern. Piano lessons. Their daughter quit piano the year after the divorce was final. That story matters because it shows what can happen when parenting disputes become a proxy for control, resentment, or the need to win. The goal should always be the children. Not the principle. Not the win. The children. ## The language Arizona uses and why it matters Arizona no longer uses the word custody under the statute and family law orders. The current legal terms are legal decision making and parenting time. Understanding the difference between them is the starting point for every parenting conversation. [Learn more about parenting time and legal decision making](https://www.bestlawaz.com/parenting-time-legal-decision-making/). ### Custody is not one question. Legal decision making is about major decisions. Parenting time is about the child’s physical schedule. The court decides them separately, and they do not automatically mirror each other. **Legal Decision Making**### Major decisions for the child Legal decision making is the authority to make major decisions involving education, medical care, religious upbringing, and extracurricular activities. It can be joint or sole. **Parenting Time**### The physical schedule Parenting time is the schedule for when each parent has the child physically. One parent can have sole legal decision making while both parents still share significant parenting time. **Best Interests**### The court’s central question Arizona courts focus on the child’s best interests. They look at the child’s relationships, adjustment, needs, safety, and each parent’s behavior, not who has the larger house or who filed first. ## What the court actually looks at Arizona law requires the court to focus on the best interests of the child in every parenting determination. A.R.S. 25-403 lists specific factors the court must consider, and understanding those factors helps you understand what actually matters in a courtroom. ### Relationships and Adjustment The court considers the child’s relationship with each parent and siblings, along with the child’s adjustment to home, school, and community. ### Health and Safety The mental and physical health of everyone involved matters, as do any allegations of domestic violence, child abuse, coercion, or duress. ### Parenting History The court considers whether either parent has provided primary care and which parent is more likely to allow meaningful and continuing contact with the other parent. ### What Does Not Control Who earns more money, who has the bigger house, who bought more things, who filed first, or who had an affair does not determine parenting outcomes in Arizona courts. ## What makes Paradise Valley parenting disputes different Children in Paradise Valley often have complex, full lives that a standard parenting plan template does not begin to address. Private school schedules, international travel, extended family involvement, nannies, and serious extracurricular commitments all need practical legal structure. ### Private Schools Most parenting plan templates are built around public school calendars. Private schools often have different breaks, professional development days, and exam periods that need to be built into the plan. ### International Travel Many families travel internationally or have family abroad. A plan should address notice, passports, travel consent, and what happens if one parent does not return the child on time. ### Extracurricular Activities Sports, music, tutoring, arts programs, and travel teams can create conflict if the plan does not define who decides, who pays, and what happens when activities fall during the other parent’s time. ### Extended Family and Staff Grandparents, nannies, babysitters, household staff, and extended family can play significant roles in a child’s daily life. The parenting plan should define those roles clearly. ### Child Support Deviations Paradise Valley child support disputes often involve income beyond the standard worksheet, bonus income, extraordinary expenses, and the lifestyle the child has experienced. ### Divorce With Children [Divorce with children](https://www.bestlawaz.com/divorce-with-minor-children-phoenix-scottsdale-az/) requires more than a schedule. It requires a plan that fits the child’s real life. ## High conflict parenting situations Not every parenting dispute is about piano lessons. Some involve genuine safety concerns, domestic violence, substance abuse, untreated mental illness, parental alienation, or a co-parent whose behavior makes ordinary parenting exchanges difficult or dangerous. In these cases, the legal strategy is completely different. The goal shifts from building a cooperative co-parenting plan to building a structure that protects your children while limiting the other parent’s opportunities to create chaos. Court orders need to be specific. Communication protocols need to be clear. Documentation needs to be meticulous. The parenting plan needs provisions that anticipate the ways a difficult co-parent will test its limits. [Read about mediation with a narcissist](https://www.bestlawaz.com/divorce-mediation-arizona/mediation-with-narcissist-scottsdale-arizona/). ### Safety changes the strategy. If your case involves genuine safety concerns, the first conversation is about protecting your children and positioning your case correctly before the other parent sees it coming. ## Domestic violence, privacy, and children who need protecting Domestic violence happens in Paradise Valley. It happens in beautiful homes, to accomplished people, and in families where the stakes of exposure feel high. The reputation, business, social circle, and children’s school community can all make silence feel safer than disclosure. The shame belongs to the person who committed the abuse, not to the person who survived it. The legal system cannot protect children from what it does not know about, and the sooner you get the right legal support in place, the sooner that protection begins. ### Arizona Law Under A.R.S. 25-403.03, the court must consider domestic violence when making legal decision making and parenting time orders. Domestic violence can create a presumption against awarding decision making to the abusive parent. ### Protective Conditions The court can order supervised parenting time, treatment programs, protected exchanges, limits on overnight parenting time, alcohol restrictions, and other safeguards when safety requires them. ### Orders of Protection An Order of Protection can prohibit contact, remove the abusive person from the home, and include children as protected parties. If you are in immediate danger, call 911 first. [Domestic violence legal help](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona/) ### Privacy A skilled family law attorney can manage this process thoughtfully. Many protective measures can be put in place without turning every private detail into a public courtroom battle. ## How mediation fits and when it does not Mediation and domestic violence require a careful conversation. Standard mediation can replicate the power dynamics that made the relationship unsafe in the first place. A domestic violence survivor should never be pressured into mediation or made to feel that refusing it is unreasonable. Under A.R.S. 25-381.09, if there is an allegation of domestic violence in a case referred to mediation, the mediator must assess whether mediation is appropriate given the history of the relationship. That said, mediation can come back into the picture later, often in a different form. Once safety orders are in place and parenting time is structured with safeguards, carefully managed mediation can sometimes help build a long-term co-parenting or parallel-parenting structure. [Learn about divorce mediation](https://www.bestlawaz.com/divorce-mediation-arizona/). ### The goal stays the same. Protect the children. Minimize ongoing trauma. Build a structure that lets them grow up with as much stability and safety as possible. ## What a good parenting plan actually covers Arizona law requires a parenting plan in every divorce involving minor children. The plan must cover legal decision making, a practical parenting time schedule, and a dispute resolution process. But a parenting plan that only covers the minimum is a plan that fails to prevent future litigation. ### Schedules The regular weekly schedule, holidays, school breaks, summer, camps, birthday parties, and how schedule changes are requested and approved. ### Communication How parents communicate with each other, how each parent communicates with the children, and what happens when communication becomes abusive or manipulative. ### Travel and Passports Who holds passports, who may use them, what notice is required, and how international travel disputes are handled before they become emergencies. ### Activities and Costs How extracurricular decisions are made, how costs are divided, and whether each parent must take the child to activities during their parenting time. ### Dispute Resolution How disputes are resolved before they become court motions, including whether mediation is required before filing for modification. ### Future Changes When and how the plan can be reviewed or modified as the children age and their school, activity, travel, and family needs change. ## Relocation when one parent wants to move Relocation cases are among the most emotionally charged disputes in family law. One parent may want to move for a legitimate reason: a new job, a new relationship, or family support in another city. The other parent may not want the children to go. Both positions can be understandable, and the law requires the court to balance them. Under Arizona law, a parent with parenting time rights must give at least 45 days written notice by certified mail before relocating with the children. The other parent then has 30 days to object. If they object, a judge decides. The burden is on the relocating parent to prove the move is in the children’s best interests. [Read about child relocation in Arizona](https://www.bestlawaz.com/relocation-of-minor-children-in-arizona-after-divorce/). ### Call before you move. The timing and handling of a relocation matter enormously. A coaching session before you make any move, literally or figuratively, can change the outcome. ## Why mediation is almost always the right answer for parenting disputes A judge deciding your parenting plan has met your family once. They have read documents, heard arguments, and made a decision. A court order is handed down, and everyone goes home to live with it. Mediation is different. The mediator helps both parents have the actual conversation about their children: what this child needs, what schedule works for this family, what flash points need to be addressed, and what provisions will prevent future disputes. Even in high conflict cases, a partial mediated agreement on parenting issues narrows what the judge must decide and gives both parents more control over the outcome. The piano lesson case could have been resolved in one mediation session for a fraction of what it cost. The parents just needed someone to help them remember that the question was never really about piano lessons. ## How it works Every case starts with a focused consultation so you can understand the parenting issues, the safety concerns, and the legal options before deciding how to proceed. 1 ### Start with a $100 Consultation Tali listens to your situation, reviews the legal issues, and helps you identify whether your case is cooperative, high conflict, safety-driven, or modification-focused. 2 ### Build the Right Parenting Strategy The right approach may involve mediation, coaching, negotiation, a detailed parenting plan, emergency orders, or litigation when safety requires it. 3 ### Protect the Children and the Plan We work toward a parenting structure that protects your children, reduces future conflict, and accounts for the real details of their lives. ## Questions and Answers ### What is the difference between legal decision making and parenting time? Legal decision making is the authority to make major decisions for your child, including education, medical care, religious upbringing, and extracurricular activities. Parenting time is the schedule for when each parent has the child physically. The two are decided separately, and joint legal decision making does not automatically mean equal parenting time. ### Does the child get to decide where they live? A child’s wishes are one of the factors the court considers, and the weight given to those wishes increases with the child’s age and maturity. There is no specific age at which a child automatically decides. The court ultimately makes the determination based on all best interests factors, not solely on what the child says they want. ### Does domestic violence affect parenting time in Arizona? Yes, significantly. Arizona law creates a rebuttable presumption against awarding legal decision making to a parent who has committed domestic violence. A.R.S. 25-403.03 requires the court to consider domestic violence in every parenting determination and gives the court broad authority to order safeguards when parenting time would endanger the child. ### I am ashamed to talk about domestic violence in my marriage. Does it have to become public? Best Law Firm understands privacy concerns and takes them seriously. Many protective measures can be put in place without a public courtroom battle. But the first step is talking to someone. Silence is not protecting your children. ### Can I get an Order of Protection in Arizona? Yes. An Order of Protection can be obtained from the Superior Court without the other person being present. The court reviews your sworn statement and, if it finds reasonable cause that domestic violence has occurred or is likely to occur, the order is granted. If you are in immediate danger, call 911 first. ### What happens when co-parents cannot agree on extracurricular activities? This is one of the most common post-decree disputes and one of the most preventable. A well drafted parenting plan addresses how extracurricular decisions are made, how costs are divided, and what happens when activities fall during the other parent’s time. ### Can I relocate to another state with my children after the divorce? Not without either the other parent’s written consent or a court order. Arizona law requires at least 45 days written notice by certified mail if you plan to relocate with a child who has a parent with parenting time rights. The other parent has 30 days to object, and if they object, a judge decides based on the child’s best interests. ### My spouse is trying to use the children against me. What can I do? Document everything. One best interests factor is which parent is more likely to allow meaningful and continuing contact with the other parent. Keep records of communications, follow every provision of your parenting plan exactly, and speak with Tali about the specific behavior you are seeing. ### Can parenting time and legal decision making be modified after the divorce is final? Yes, but the standard is high. Arizona courts will not modify legal decision making within one year of the last order unless a child’s health is seriously endangered. After one year, modification generally requires a substantial and continuing change in circumstances. Many plans also require mediation before filing a motion to modify. ## Ready to talk? Book your $100 consultation with Tali Best Collins and leave with a clearer understanding of your parenting time, legal decision making, safety, relocation, or modification options. [Book Your Consultation](https://www.bestlawaz.com/schedule-consultation/) Located north of the Redfield on the west side of Frank Lloyd Wright. [Get Directions](https://www.google.com/maps?cid=11232948641881172499&g_mp=CiVnb29nbGUubWFwcy5wbGFjZXMudjEuUGxhY2VzLkdldFBsYWNlEAMYASAF&hl=en&gl=US&source=embed) ## Divorce & Family Law Firm 7025 N. Scottsdale Road, Suite 303 Scottsdale, AZ 85253 [(480) 219-2433](tel:4802192433) [Contact Us](https://www.bestlawaz.com/schedule-consultation/) ### Hours of Operation Monday8:00am – 5:00pm Tuesday8:00am – 5:00pm Wednesday8:00am – 5:00pm Thursday8:00am – 5:00pm Friday8:00am – 2:00pm SaturdayClosed SundayClosed --- ### [Divorce Mediation & Divorce Coaching in Paradise Valley, Arizona](https://www.bestlawaz.com/paradise-valley-family-law-firm/divorce-mediation-divorce-coaching/) **Published:** May 22, 2026 **Author:** Cindy Best **Content:** Paradise Valley Mediation & Coaching# Divorce Mediation and Coaching in Paradise Valley, Arizona Resolve your divorce on your own terms with mediation and divorce coaching built for Paradise Valley families, complex assets, privacy concerns, and high-stakes parenting decisions. By Tali Best Collins, Esq. | Managing Partner, Best Law Firm Last reviewed: June 2026 [Book a $100 Consultation](https://www.bestlawaz.com/schedule-consultation/) **19**Years serving Paradise Valley families **5,000+**Mediations handled by the firm **$100**Start with a legal consultation **60 Days**Arizona’s minimum divorce waiting period ## A better way to resolve divorce Most people going through a divorce in Paradise Valley do not want to go to court. They want to resolve things. They want certainty. They want their financial life and their family’s future settled without handing those decisions to a judge who has never met them and has minutes to absorb the complexity of what they have built over decades. Mediation and divorce coaching exist precisely for this. They are two of the most effective tools for reaching a resolution on your own terms rather than waiting for a courtroom to impose one. At Best Law Firm, we have provided [divorce mediation](https://www.bestlawaz.com/divorce-mediation-arizona/) and legal divorce coaching to Paradise Valley families for 19 years. This page explains how each option works, how they differ from each other, and how to know which one fits where you are right now. ## Your mediation options before you decide anything else Mediation is available at every stage of the divorce process: before you file, after you file, during active litigation, and even on the courthouse steps the morning of trial. In Arizona, virtually every litigated case goes through mediation at some point, but you do not have to wait for the court to require it. **Option 1**### Neither spouse has an attorney Both spouses come to Best Law Firm without legal representation and we serve as the neutral third-party mediator. We explain what Arizona law says, what a court would likely do, and help you work through every disputed item. **Option 2**### Each spouse has an attorney Both spouses retain their own attorneys and Best Law Firm serves as the neutral mediator running the process. Your attorneys advocate for you while we manage the process and help bridge the gap between adversarial positions. **Option 3**### Your case is already filed Filing a divorce does not close the door to mediation. Resolving even some issues saves time, saves money, narrows the dispute, and gives both parties more control than trial. **Option 4**### We attend mediation as your advocate If Best Law Firm represents you and your case is heading to mediation with an outside mediator, we prepare you, attend with you, advocate for you, and advise you before you sign anything. **Option 5**### We negotiate settlement directly Sometimes two attorneys negotiate settlement directly without a formal mediation session. We negotiate on your behalf, trade proposals with the other side, and draft the final paperwork once terms are reached. The one rule that never changes: Best Law Firm cannot mediate and represent one party in the same case. When we are neutral, we are neutral for both. When we are your attorney, we are there to advocate for you. The $100 consultation helps you figure out which configuration fits your situation before anyone commits to anything. ## What divorce mediation looks like in a Paradise Valley case Mediation is a process where both spouses work with a neutral third party to resolve the issues in their divorce. The mediator does not decide anything. The mediator helps both parties find common ground, reality-checks expectations against what Arizona courts actually do, generates options neither party may have considered, and builds an agreement both spouses understand and have genuinely chosen. In a Paradise Valley case, that typically means working through some combination of business valuation, complex asset division, investment portfolio analysis, retirement account structures, real estate in multiple locations, spousal maintenance for long marriages, and parenting arrangements for children in private schools with travel and demanding extracurricular schedules. At Best Law Firm, mediation sessions are run by certified attorney mediators. Tali Best Collins, Esq., Cynthia L. Best, Esq., and Megan Spaulding, Esq. have been part of more than 5,000 mediations. We know what Maricopa County courts are doing right now, what a realistic outcome looks like, and how to build agreements that hold up when real life happens after the decree is signed. ### How a session works You come to our Scottsdale office. In most cases, you and your spouse are not in the same room. The mediator works between the rooms, carries proposals, checks expectations against reality, and documents every resolved issue before anyone leaves. ## Why mediation is especially well suited to Paradise Valley divorces Paradise Valley divorces often involve privacy concerns, complex assets, long marriages, business interests, and parenting plans that need more creativity than a courtroom can usually provide. Mediation gives families a more controlled way to solve those problems. ### Privacy Arizona court filings are public records. When a case resolves through mediation, detailed financial disclosures, business valuations, income information, and parenting arguments do not have to become part of a public trial record. ### Control and Creativity A judge cannot be creative. Mediation can build a refinancing window, business buyout, or parenting plan that fits the actual family instead of forcing the family into a narrow court order. [Compare mediation and court](https://www.bestlawaz.com/divorce-mediation-arizona/divorce-mediation-or-go-to-court/) ### Cost A fully contested high net worth divorce can cost $100,000 or more per side. Mediation is billed at $350 to $450 per hour with a three-hour minimum, typically split equally between both parties. [Review legal fees and programs](https://www.bestlawaz.com/family-law-legal-fees-programs/) ### Speed A contested divorce in Maricopa County can take 18 months to three years or more. A mediated divorce can be resolved in months. Arizona’s 60-day waiting period cannot be waived, but everything beyond that is within the parties’ control. ## When mediation is difficult and what to do about it Mediation is not the right answer for every situation. Cases involving domestic violence, active safety concerns, hidden assets, or a high conflict personality driven by revenge rather than resolution can make standard mediation very difficult or counterproductive. In high conflict cases where mediation is still worth attempting, we keep the parties in entirely separate rooms throughout the process. There is no joint session. The mediator manages all communication and neither spouse has to be in the same space as the other at any point. Even when a full settlement is not reached, mediation almost always has value. Narrowing the disputed issues before trial saves significant time and money in court. A session that does not resolve everything still moves the case forward. [Read about mediation with a narcissist](https://www.bestlawaz.com/divorce-mediation-arizona/mediation-with-narcissist-scottsdale-arizona/) ### Separate rooms. Clear boundaries. For difficult dynamics, structure matters. Separate-room mediation can make negotiation possible in situations that would otherwise move straight toward full litigation. ## What divorce coaching is and who it is for Divorce coaching is different from mediation in one fundamental way. When I am your mediator, I am neutral. When I am your divorce coach, I am on your side. Coaching gives you access to a licensed Arizona family law attorney by the hour without a retainer. You bring whatever is most pressing: a settlement offer, a parenting plan, a court date, a financial decision, or a question about what Arizona law actually says about your situation. For the sophisticated Paradise Valley client who understands their financial situation but needs a trusted legal perspective before making a major decision, coaching is often exactly the right level of engagement. Not every situation requires a full retainer from day one. [Learn more about what a divorce coach does](https://www.bestlawaz.com/divorce-mediation-arizona/what-is-a-divorce-coach/). Coaching lets you access serious legal expertise at the moments when you actually need it. ## What Paradise Valley clients use coaching for Some clients use coaching before they file. Others use it before mediation, after a settlement offer arrives, or during post-decree issues. The work is flexible and focused on the decision in front of you. ### Preparing for Mediation Understand what to fight for, what is not worth the fight, and what your realistic range looks like before you sit down at the table. ### Attending Mediation as Your Advocate Tali can attend mediation with you as your advocate and advise you before you sign anything. You are never alone in the room. ### Reviewing a Settlement Offer A coaching session gives you the legal analysis you need to decide whether an offer is reasonable or whether you are leaving something significant on the table. ### Understanding Complex Finances Coaching can help you understand community property, separate property, retirement division, tax tradeoffs, business income, and other financial details before they become disputes. ### Navigating Without Full Representation Organized clients with a reasonably cooperative spouse may use coaching at key decision points while managing much of the process themselves. ### Preparing for Divorce Some clients simply want to understand the landscape and law of divorce before making any decisions. Coaching gives them that big-picture clarity. ## How it works Every case starts with a focused consultation so you can choose the right role for the firm before you commit to anything larger. 1 ### Start with a $100 Consultation Tali listens to your situation, identifies the legal issues, and helps you understand whether mediation, coaching, direct negotiation, or representation is the right starting point. 2 ### Choose the Right Role If Best Law Firm is neutral, we mediate for both parties. If we are your attorney or coach, we advocate for you. The role must be clear from the start. 3 ### Move Toward Resolution We prepare, negotiate, document resolved issues, and help you make decisions with a realistic understanding of Arizona law and Maricopa County court expectations. ## Questions and Answers ### Can we mediate a Paradise Valley divorce involving a business valuation? Yes, and in most cases it is the better option. Business valuation disputes are expensive to litigate, damaging to the business, and time consuming for everyone involved. A mediator who is also an experienced family law attorney understands valuation methodology, knows what Maricopa County judges have done with similar disputes, and can help both parties build a buyout structure that keeps the business alive and compensates the non-owner spouse fairly. ### Does mediation work if my spouse is difficult or uncooperative? Yes, but it depends on the nature and severity of the difficulty. High conflict personalities, untreated mental illness, domestic violence, and coercive control dynamics can make standard mediation very difficult. In those situations we keep the parties in entirely separate rooms and the mediator manages all communication between them. ### What is the difference between using Best Law Firm as my mediator versus my divorce coach? When Best Law Firm mediates your divorce, we are neutral. We work with both you and your spouse and do not advocate for either side. When Best Law Firm serves as your divorce coach, we are your advocate and attorney. We cannot do both in the same case. ### Can Tali attend mediation with me as my coach if a different mediator is running the session? Yes. When Tali is your divorce coach, she can attend mediation with you as your advocate attorney and advise you before you sign anything. This is one of the most valuable uses of coaching for Paradise Valley clients who want to mediate but also want someone specifically in their corner. ### Can I start mediation before I even file for divorce? Yes. Mediation is available before filing, after filing, and at every stage in between. Some couples mediate a full agreement before either spouse files and then incorporate those agreements into the Summary Consent Decree process. ### How many coaching sessions will I need? It depends entirely on your situation. Some clients come for one session, get what they need, and handle the rest on their own. Others work with Tali at key decision points throughout their case. Coaching is flexible, with no retainer and no minimum commitment beyond the one-hour minimum per session. ### Is mediation confidential in Arizona? Yes. Mediation communications are confidential under Arizona law and cannot be used as evidence in later court proceedings. This confidentiality is one of the reasons mediation encourages honest negotiation. Both parties can explore options and make proposals without fear that their statements will be used against them if mediation does not result in a full agreement. ## Ready to talk? Book your $100 consultation with Tali Best Collins and leave with a clearer understanding of whether mediation, divorce coaching, negotiation, or representation is the right next step. [Book Your Consultation](https://www.bestlawaz.com/schedule-consultation/) Located north of the Redfield on the west side of Frank Lloyd Wright. [Get Directions](https://www.google.com/maps?cid=11232948641881172499&g_mp=CiVnb29nbGUubWFwcy5wbGFjZXMudjEuUGxhY2VzLkdldFBsYWNlEAMYASAF&hl=en&gl=US&source=embed) ## Divorce & Family Law Firm 7025 N. Scottsdale Road, Suite 303 Scottsdale, AZ 85253 [(480) 219-2433](tel:4802192433) [Contact Us](https://www.bestlawaz.com/schedule-consultation/) ### Hours of Operation Monday8:00am – 5:00pm Tuesday8:00am – 5:00pm Wednesday8:00am – 5:00pm Thursday8:00am – 5:00pm Friday8:00am – 2:00pm SaturdayClosed SundayClosed --- ### [Divorce Mediation](https://www.bestlawaz.com/divorce-mediation-arizona/) **Published:** April 22, 2026 **Author:** Cindy Best --- ### [Divorce Lawyers](https://www.bestlawaz.com/divorce-phoenix-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Child Custody](https://www.bestlawaz.com/divorce-mediation-arizona/child-custody-mediation-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Empowers Parents to Make Decisions: Mediation allows parents to actively participate in the decision-making process regarding the custody and visitation arrangements for their children. This empowers parents to have a say in the outcome and promotes a sense of ownership over the agreement. This typically creates an environment that parents follow the parenting plan and co-parent effectively with the other. ##### Promotes a Child-Centered Approach: Mediation prioritizes the best interests of the child. It provides a platform for parents to focus on what is most beneficial for the child’s well-being, rather than engaging in adversarial battles that may not always consider the child’s needs first. There are times when parents involved in establishment cases (or custody cases) have not dated for very long or lived together. It can be challenging to co-parent with someone that the other parent does not know well. Opening the lines of communication in mediation for these parties are helpful. ##### Reduces Conflict and Stress: Mediation fosters a less adversarial and more cooperative atmosphere compared to litigation. This can lead to reduced conflict and emotional stress for all parties involved, including the child. It can create a more stable and positive environment for the child during a potentially difficult time. The stress litigation can take on a parent impacts the child (either directly or indirectly). To lessen that stress and conflict ultimately benefits the child. ##### Preserves Parental Relationships: Mediation encourages parents to work together to find solutions that allow both parents to maintain meaningful relationships with their child. This can be crucial for the child’s emotional well-being and sense of stability especially in cases where parents may not know each other very well. ##### Tailored Solutions for Unique Circumstances: Each family has its own unique circumstances and considerations. Mediation allows for the development of a customized parenting plan that takes into account the specific needs, schedules, and preferences of the parents and child. For example, what a preschool child needs is different than a 13 year old—it can be helpful to craft a plan that works for all. ##### Encourages Co-Parenting and Communication: Mediation promotes open communication and cooperation between parents. It helps establish a foundation for effective co-parenting, which is essential for maintaining consistency and stability in the child’s life. Two homes can be a challenge for some children, so the better able parents get along and communicate, the better it is for the children’s wellbeing. ##### Cost-Effective and Time-Efficient: Mediation is often more cost-effective and time-efficient compared to going to court. IIt generally costs less than each party hiring an attorney and litigating or fighting in court. Mediation can lead to quicker and more affordable resolutions for both parties. ##### Reduces Uncertainty and Provides Clarity: Mediation results in a clear and detailed custody agreement that outlines the roles, responsibilities, and schedules of each parent. This reduces uncertainty and provides a structured framework for the child’s living arrangements and visitation. #### *Certainly, there are some lesser-known benefits to mediating a child custody case:* ##### Promotes a Child’s Sense of Agency: In mediation, children’s voices may be taken into consideration, especially for older children or teenagers. A common saying is “children have a voice, not a choice.” Understanding and taking into consideration a child’s needs and want can foster a sense of agency and empowerment, which may have positive short and long term consequences. ##### Facilitates Flexibility in Parenting Plans: Mediation allows for creative and flexible parenting plans that may not be easily attainable through a court-imposed decision. A family court judge has hundreds of cases and is constrained by the law to make certain decisions. Flexibility for the parents can be particularly beneficial for parents with unconventional work schedules or unique family dynamics. ##### Encourages Future Dispute Resolution Skills: Mediation provides an opportunity for parents to practice effective communication and conflict resolution skills. This can set a positive example and lay the groundwork for resolving future disagreements or adjustments to the parenting plan. ##### Minimizes Emotional Impact on Children: Mediation can create a more amicable atmosphere compared to a litigated custody battle, which can be emotionally traumatic for children. A less confrontational process can help shield children from some of the stress and emotional upheaval associated with contentious court proceedings. ##### Preserves Parental Authority and Autonomy: Mediation allows parents to retain a greater degree of control over the outcome compared to a court-imposed decision. This can be important for parents who want to maintain authority and autonomy in making decisions about their child’s upbringing. ##### Facilitates Cultural or Religious Sensitivity: Mediation can be particularly valuable for parents from diverse cultural backgrounds. It provides an opportunity to address cultural considerations and incorporate traditions or practices that are important for the child’s cultural identity and well-being. Parents may have been raised in different religions, so it is beneficial to discuss those issues and incorporate the necessary terms in the parenting plan. ##### Provides a Neutral Forum for Complex Issues: Some child custody cases may involve complex factors, such as relocating with the child, international custody disputes, or specific needs of children with disabilities. Mediation can provide a neutral forum for addressing these intricacies in a more personalized and tailored manner. ##### Supports Parental Growth and Learning: Mediation offers an opportunity for parents to learn and grow in their roles. It can foster a collaborative spirit that encourages parents to work together in the best interests of their child, even in the face of challenges. Some families have one parent who has taken a dominant role for parenting. When parents are no longer living together, the dynamics often shift and mediation is a helpful tool in opening lines of communication and tailoring a parenting plan that works for all. --- ### [Child Relocation](https://www.bestlawaz.com/divorce-mediation-arizona/child-relocation-mediation-in-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preservation of Relationships: Mediation allows the parties to maintain open communication and work together to find a solution that considers the best interests of all family members. This can help preserve relationships, particularly those between the relocating parent and the non-relocating parent, as well as between the children and both parents. ##### Tailored Solutions for Unique Circumstances: Relocation cases can be highly individualized, involving specific circumstances and considerations. Mediation provides an opportunity for the parties to craft a customized plan that addresses the unique needs of the family members involved. This level of customization may not be achievable through a court-imposed decision. ##### Faster Resolution and Reduced Costs: Mediation is typically a more time-efficient and cost-effective process compared to litigation. It involves fewer formal procedures, court appearances, and attorney fees. This can lead to quicker and more affordable resolutions for all parties. ##### Minimized Stress and Emotional Impact: Relocation cases can be emotionally charged, especially for children who may be facing significant changes. Mediation fosters a more cooperative and less adversarial atmosphere, potentially reducing the emotional strain on all parties involved. This can lead to a smoother transition for everyone. ##### Facilitates Co-Parenting and Parental Involvement: Mediation encourages parents to collaborate and develop a parenting plan that allows for continued involvement and access to the children, even in the event of a relocation. This can help ensure that both parents remain active participants in their children’s lives. ##### Promotes Long-Term Stability and Well-Being: By working together to create a relocation plan, parents can address concerns and make decisions that contribute to the long-term stability and well-being of the children. This includes considerations about education, healthcare, visitation schedules, and other crucial aspects of their lives. It’s important to remember that while mediation can offer these benefits, it may not be suitable for every situation. In cases involving issues like domestic violence, severe power imbalances, or situations where one party may feel unsafe or unable to advocate for themselves, mediation may not be appropriate. In such cases, seeking legal advice and considering other options is crucial. ##### Greater Flexibility and Adaptability: Mediation allows for more flexibility in finding solutions that can adapt to changing circumstances. This can be especially important in cases where there may be future changes in job locations, educational opportunities, or family dynamics. ##### Reduced Conflict and Resentment: Relocation cases can be emotionally charged and contentious. Having a child move away from one parent can be a stressful process. Mediation encourages open communication and cooperation, potentially reducing the level of conflict and resentment between the parties. This can lead to a more positive and cooperative co-parenting relationship moving forward. ##### Empowerment and Ownership of Decisions: Mediation empowers the parties to take an active role in decision-making. This can lead to a greater sense of ownership over the agreed-upon plan, which may increase the likelihood of compliance and cooperation in the future. ##### Preservation of Privacy: Mediation is a private process, conducted behind closed doors. This means that the details of the discussions and agreements reached remain confidential. This can be particularly important for families who wish to keep their personal matters private. ##### Cultivates a Positive Co-Parenting Dynamic: Through mediation, parents have an opportunity to demonstrate their ability to work together in the best interests of their children. This can set a positive tone for future co-parenting endeavors and help children see their parents cooperating, even in challenging situations. --- ### [Divorce With Children](https://www.bestlawaz.com/divorce-mediation-arizona/mediated-divorce-with-children-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Child-Centered Decision-Making: Mediation focuses on the best interests of the minor children. It allows parents to work together to develop a parenting plan that addresses issues like legal decision-making, parenting time and vacation schedules, and holidays. This collaborative approach can lead to more thoughtful and child-centered decisions. ##### Reduced Emotional Impact on Children: Legal separations and divorces are highly stressful for children. Divorces mean that the family unit is dividing in some way. Mediation tends to be less adversarial than traditional litigation, which can help mitigate the emotional impact on children. The cooperative nature of parents in mediation can foster a more stable and nurturing environment for them. Mediation can start the next chapter of co-parenting on a positive footing. ##### Flexibility and Customization: Mediation allows parents to design a parenting plan that is tailored to the unique needs and schedules of their family. This level of flexibility is often not achievable through a court-imposed solution, which are constrained with certain parameters. Parents can create a plan that reflects their specific circumstances and addresses the needs of their children including travel, work schedules, children’s sports. Plus, the age of the children can impact the parenting time schedule. It is helpful to create a plan that works for all parties ##### Cost-Effectiveness and Time Efficiency: Mediation is generally a more cost-effective and time-efficient process compared to litigation. It involves fewer formal procedures, court appearances, and attorney fees. This means that more of the family’s resources can be preserved for the well-being of the children rather than being spent on legal expenses. ##### Promotes Positive Co-Parenting Dynamics: Mediation provides an opportunity for parents to practice and develop positive communication and cooperation skills. This can lead to a more harmonious co-parenting relationship in the long run, which benefits the children by providing a stable and supportive family environment. Co-parenting can be difficult even in the best of divorces, so it is healthy for the children’s wellbeing when parents work together on decisions. ##### Facilitates Parental Growth and Learning: Mediation can be a valuable learning experience for parents, helping them understand and meet the unique needs of their children during and after the divorce process. It can foster a collaborative spirit that encourages parents to work together in the best interests of their children. It is also a space to have difficult discussions about parental issues that perhaps were not discussed or dismissed during the marriage. ##### Provides a Structured Transition Plan: Mediation allows for the creation of a detailed and personalized parenting plan, which outlines specific schedules, routines, and responsibilities for both parents. This structured plan can help ease the transition for children, providing them with a sense of stability and predictability. In our experience, a thoughtful transition plan will help the children through these changes. ##### Maintains Extended Family Relationships: Mediation can help preserve relationships between children and extended family members from both sides. It ensures that grandparents, aunts, uncles, and cousins continue to play a meaningful role in the children’s lives. ##### Encourages Ongoing Education and Skill Development: Mediation can lead to discussions about the children’s educational and extracurricular needs. It can provide a platform for parents to collaborate on decisions related to schooling, tutoring, and skill-building activities that support the children’s growth and development. Part of the process can discuss the children’s activities and needs to ensure they are met. ##### Balances Individual Needs of Multiple Children: In families with multiple children, mediation allows for a thoughtful consideration of the individual needs, preferences, and relationships of each child. This can lead to a more balanced and fair custody arrangement that accounts for the unique dynamics of each child. ##### Supports Special Circumstances or Needs: Mediation provides a forum for discussing any special circumstances or needs of the children, such as medical conditions, disabilities, or specific educational requirements. This ensures that the parenting plan is tailored to address these considerations. ##### Facilitates Age-Appropriate Decision-Making: Mediation recognizes the evolving needs of children as they grow and develop. It allows parents to adjust and adapt the parenting plan to align with age-appropriate decision-making responsibilities, ensuring that the children’s best interests are continuously prioritized. --- ### [Divorce Without Children](https://www.bestlawaz.com/divorce-mediation-arizona/mediated-divorce-without-children-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** 1. ##### Reduced Conflict and Hostility: Mediation encourages open communication and cooperation between spouses. An Arizona mediator helps facilitate discussions, ensuring that both parties have the opportunity to express their concerns, needs, goals and interests. This often leads to more amicable resolutions and can help reduce hostility and animosity between the parties. 2. ##### Greater Control and Autonomy: In mediation, the parties have more control over the decisions that are made. They work together to find solutions that meet their unique needs and circumstances. This can lead to more personalized and satisfactory outcomes compared to decisions imposed by a court. 3. ##### Cost-Effectiveness: Divorce litigation can be expensive, involving attorney fees, court costs, and other legal expenses. Mediation is generally more cost-effective, as it typically requires fewer hours of professional time. This can lead to substantial financial savings for both parties. 4. ##### Faster Resolution: Mediation often takes less time than going through the court system. Since the mediation process is more streamlined and collaborative, couples can reach agreements more efficiently. This can be particularly important for couples who want to move on with their lives and reduce the emotional and financial strain of a prolonged divorce process. Often couples have been contemplating divorce for a while and moving the process forward without waiting for the Court is helpful. 5. ##### Preservation of Relationships with Mutual Friends and Family: Mediation can help maintain more amicable relationships with mutual friends and extended family members. A contentious divorce can sometimes lead to divisions within social circles and friends “picking sides”, whereas mediation can minimize the impact on these relationships. 6. ##### Enhanced Emotional Well-Being and Reduced Stress: Mediation tends to be a less adversarial and confrontational process compared to litigation. This can lead to reduced emotional stress for both parties. It allows for a more controlled and structured environment for discussing and resolving issues. Being able to control the process can take a lot of fear out of the divorce process. 7. ##### Greater Control over the Outcome: In mediation, both parties have a greater degree of control over the outcome. They actively participate in the decision-making process, which can result in a customized and mutually agreeable divorce agreement. 8. ##### Confidentiality and Privacy: Mediation is a private process, conducted behind closed doors. This ensures that the details of the discussions and agreements reached remain confidential. This can be particularly important for individuals who wish to keep their personal matters private. 9. ##### Promotes Effective Co-Parenting (if applicable in the future): Even if there are no children in the marriage, if either party decides to have children in the future with a new partner, a positive relationship with the ex-spouse can be beneficial. Mediation can help establish a foundation for effective co-parenting should either party have children in subsequent relationships. 10. ##### Potential for Maintaining Shared Assets: In some cases, mediation can lead to creative solutions that allow both parties to maintain ownership or access to certain assets, such as a jointly-owned business, property or investments, in a way that may not be achievable through a court-imposed decision. 11. ##### Supports Emotional Healing and Closure: Mediation can provide a structured platform for emotional closure and healing. It allows both parties to express themselves, gain understanding, and potentially find a more amicable path forward. Mediation sessions can be done in separate spaces or the same space depending on the needs of the parties. --- ### [Family Businesses](https://www.bestlawaz.com/divorce-mediation-arizona/divorce-mediation-with-a-family-business-in-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preservation of the Family Business: Mediation allows the divorcing couple to work together to find solutions that can help preserve the family business. This may involve discussions on ownership, management, or even the possibility of co-owning the business post-divorce. Mediation can be particularly important for families who want to maintain the continuity and success of the business. ##### Minimizes Business Disruption: Litigation can be highly disruptive to a family business. In litigation, it is common for parties to seek a business valuation, which can cause time, money and effort to obtain the financial data for the expert to value it. Mediation tends to be a less adversarial process, which can help reduce the emotional strain and potential conflicts that may arise from a court battle. By finding mutually agreeable solutions, the family can often avoid the disruptions that come with prolonged legal proceedings. ##### Clear Communication and Decision-Making: Family businesses often involve intricate financial and operational details. Mediation encourages open and constructive communication between spouses, ensuring that both parties understand the complexities of the business. This can lead to more informed decisions about the future of the business. ##### Customized Solutions for the Family Business: Each family business is unique, with its own set of challenges and opportunities. Mediation provides a platform for the divorcing couple to create a customized plan that addresses the specific needs and circumstances of the business. This level of customization may be challenging to achieve through a court-imposed decision. ##### Preserves Employee Relationships and Morale: A contentious divorce involving a family business can have a significant impact on employees’ morale and productivity. Mediation can help maintain a more stable and positive work environment by minimizing disruptions and uncertainties related to the business’s future. ##### Cost-Effectiveness for the Family Business: Litigation can be extremely expensive, and the costs associated with legal battles can have a substantial impact on the family business’s financial health. Mediation is generally a more cost-effective process, as it often requires fewer billable hours from attorneys and minimizes court-related expenses. ##### Allows for Transition Planning: Mediation provides an opportunity to discuss and plan for the transition of ownership or management of the family business, if necessary. This can be crucial for ensuring a smooth handover and maintaining the business’s continuity in the long term. ##### Maintains Business Reputation: A contentious divorce that becomes public knowledge can potentially harm the reputation of the family business. Mediation helps keep the details of the divorce private, allowing the business to continue operating without the negative publicity that can come from a highly publicized legal battle. ##### Fosters a Positive Co-Parenting Relationship: If the divorcing couple will continue to co-own or co-manage the family business, mediation can help establish a positive and cooperative working relationship. This can be important for the success and longevity of the business, as well as for the well-being of any employees or stakeholders involved. ##### Promotes the Best Interests of Children and Family Members Involved in the Business: Mediation can take into consideration the interests and well-being of any children or family members who may be involved in the family business. It provides a forum for discussing their roles, responsibilities, and potential future involvement in the business. --- ### [Grey Divorce](https://www.bestlawaz.com/divorce-mediation-arizona/grey-divorce-mediation-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preservation of Retirement Assets: Older couples often have accumulated significant assets, including retirement savings. Mediation can help couples work together to develop a fair and equitable division of these assets. This can be especially important for ensuring financial security in retirement. ##### Reduced Financial Strain: Litigation can be expensive, and older individuals may be more concerned about preserving their financial resources for their post-divorce lives. Mediation tends to be more cost-effective, as it often requires fewer billable hours from attorneys and less time spent in court. ##### Customized Solutions for Unique Circumstances: Grey divorces can involve complex financial and property arrangements, such as investments, pensions, and multiple properties. Mediation allows couples to develop tailored solutions that address their specific circumstances and needs. This level of customization may be challenging to achieve through a court-imposed decision. ##### Maintains Family Relationships and Dynamics: In grey divorces, there may be adult children and grandchildren involved. Mediation can help preserve family relationships by fostering a less adversarial and more cooperative atmosphere. This can be particularly important for maintaining a sense of unity and support within the extended family. ##### Faster Resolution for Transition into Retirement: For couples nearing retirement age, a faster resolution through mediation can be advantageous. It allows both parties to move forward with their individual plans for retirement and make necessary financial adjustments without prolonged legal proceedings. ##### Emotional and Psychological Well-being: Grey divorces can be emotionally challenging, as they often involve longer-term marriages and the potential for significant life changes. Mediation offers a more compassionate and collaborative process, potentially reducing emotional strain and promoting a healthier transition for both parties. #### MODIFICATION OF PARENTING TIME Mediating a modification of parenting time can offer several advantages for parents seeking to adjust their existing custody arrangements. Here are four benefits to consider: ##### Maintains a Child-Centered Focus: Mediation keeps the best interests of the child at the forefront of the discussion. It provides a platform for parents to collaborate and find solutions that prioritize the well-being and needs of the child. This ensures that any changes made are made with the child’s best interests in mind. ##### Preserves the Parent-Child Relationship: Mediation can help preserve the relationship between the noncustodial parent and the child. It provides an opportunity for parents to work together to create a new parenting plan that allows for meaningful and consistent time with the child, even if the circumstances have changed. ##### Cost-Effective and Time-Efficient: Mediation is generally a more cost-effective and efficient process compared to going to court. It typically involves fewer formal procedures, court appearances, and attorney fees. This can lead to quicker and more affordable resolutions for both parties. ##### Maintains Control Over Outcomes: In mediation, both parents have an active role in the decision-making process. They have the opportunity to voice their concerns, suggest solutions, and come to a mutual agreement. This level of control allows parents to craft a modified parenting plan that meets their specific needs and the changing circumstances. ##### Promotes Effective Communication: Mediation encourages open and constructive communication between parents. Through guided discussions, parents can express their concerns, needs, and preferences regarding the parenting schedule. This improved communication can lead to better cooperation and understanding in co-parenting. ##### Minimizes Stress and Conflict: Mediation is generally a less adversarial process than going to court. This can lead to reduced stress levels for both parents, which can be particularly important during what may already be a challenging time. By working together in a collaborative manner, parents may find it easier to reach agreements and avoid prolonged conflicts. ##### Allows for Creativity and Flexibility: Mediation offers a more flexible approach to finding solutions. Parents can think creatively and outside the confines of standard court orders. This can be especially beneficial when parents have unique circumstances or specific needs that require a tailored parenting plan. ##### Preserves Privacy and Confidentiality: Mediation is a private process, conducted behind closed doors. This means that the details of the discussions and agreements reached remain confidential. This can be particularly important for parents who wish to keep their personal matters private. ##### Can be Less Disruptive for Children: Mediation often results in a smoother transition for children because it tends to be less contentious and more focused on cooperation. This can help minimize disruptions to their routines and provide a more stable environment during the modification process. --- ### [High Net Worth](https://www.bestlawaz.com/divorce-mediation-arizona/high-net-worth-divorce-mediation-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preserves Privacy and Confidentiality: High net worth individuals often value their privacy. Mediation is a private process conducted behind closed doors, keeping the details of the divorce out of the public record. This can be especially crucial for individuals with high-profile careers or those who wish to keep their financial matters confidential. ##### Cost-Effectiveness and Asset Preservation: Litigation in high net worth divorces can be exceptionally expensive, as it may involve multiple experts, lengthy court proceedings, and high legal fees. Mediation is generally more cost-effective, as it often requires fewer billable hours from attorneys and minimizes court-related expenses. This can help preserve a larger portion of the assets for both parties. ##### Customized Solutions for Complex Assets: High net worth divorces often involve intricate financial portfolios, including real estate, businesses, investments, and other valuable assets. Mediation allows couples to work together to find creative and tailored solutions for the division of these complex assets. This level of customization may be challenging to achieve through a court-imposed decision. Parties will multiple homes will need a plan on how those homes will be allocated among the couple, including the sale, refinance, re-titling of the property, etc. ##### Reduces Emotional Strain and Conflict: Divorce can be emotionally challenging, especially when significant assets are involved. Mediation fosters a more cooperative and less adversarial atmosphere, potentially reducing the emotional strain on both parties. It allows for more open communication and can help maintain a more amicable relationship during and after the divorce process. ##### Preservation of Business Interests: High-income individuals often have complex business interests and partnerships. Mediation allows for a more nuanced discussion on how these assets should be handled, potentially helping to preserve the integrity and value of the business. ##### Tax Efficiency and Planning: High-income individuals may have more complex tax implications related to their assets and investments. Mediation can facilitate discussions on tax-efficient strategies for asset division, spousal support, and other financial matters, helping to minimize tax liabilities for both parties. As part of the mediation process, and before final documents are signed by the parties, tax professionals can review the documents to ensure the most tax efficiency to the parties. ##### Efficiency in Asset Valuation and Appraisal: Valuing high-value assets, such as real estate holdings, art collections, or investment portfolios, can be intricate and time-consuming. Mediation can help streamline this process, ensuring that assets are accurately valued and divided according to a mutually agreeable approach. ##### Flexibility in Spousal Maintenance and Support Arrangements: High-income divorces often involve considerations for spousal support or alimony. Mediation allows for a more flexible and tailored approach to determining support arrangements, taking into account the financial needs and capabilities of both parties. ##### Maintains Investment Portfolios: Dividing investment portfolios in a high-income divorce requires careful consideration to minimize disruptions and maintain the growth potential of these assets. Mediation enables couples to work together to develop a plan that ensures the continued management and growth of their investments. ##### Fosters Long-Term Financial Planning: High-income individuals often have long-term financial goals and aspirations. Mediation can provide a platform for discussing and incorporating these goals into the divorce settlement, allowing both parties to plan for their financial futures with greater clarity and confidence. --- ### [Mediation With Narcissist](https://www.bestlawaz.com/divorce-mediation-arizona/mediation-with-narcissist-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Mitigation of Escalation and Aggression: Mediation provides a controlled environment with a neutral mediator, which can help mitigate potential escalations or aggressive behavior that might occur in a more adversarial setting. The mediator can help manage interactions and guide the process. ##### Focused Discussions on Tangible Issues: Mediation can help keep the discussions focused on tangible issues, such as asset division, child custody arrangements, and financial matters. This can potentially limit opportunities for the narcissistic spouse to engage in manipulative or emotional tactics. ##### Documentation of Agreements: A written agreement is a crucial aspect of divorce mediation. Having a clear, documented record of the agreements reached can provide a level of accountability for both parties, which can be important when dealing with a potentially manipulative spouse. ##### Stress Reduction for Children: Mediation can potentially create a less adversarial atmosphere, which can be less stressful for any children involved. It may provide a more stable and amicable transition for them during this challenging time. ##### Avoidance of Public Courtroom Drama: Mediation occurs in a private setting, away from the public courtroom. This can help avoid potential dramatic displays or manipulative behavior that a narcissistic individual might engage in for attention or to assert control. ##### Opportunity for Co-Parenting Planning: Mediation allows for discussions about co-parenting arrangements, which can be particularly important when dealing with a narcissistic spouse. Establishing clear and detailed parenting plans can help reduce potential conflicts and provide a structured framework for co-parenting. It’s crucial to approach mediation with a narcissistic spouse with caution and with realistic expectations. Mediating with a narcissistic individual can be challenging, and in some cases, it may not be productive. If you encounter resistance, manipulation, or escalating aggression, seeking legal advice and considering alternative dispute resolution methods, or even litigation, may be necessary to protect your interests and well-being. Safety and well-being should always be top priorities. --- ### [Military Divorce](https://www.bestlawaz.com/divorce-mediation-arizona/military-divorce-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preservation of Military Benefits: Military benefits, such as healthcare coverage, housing allowances, and retirement pensions, can be complex to navigate during a divorce. Mediation allows the couple to work together to find equitable solutions that consider the impact on these benefits. This can help both parties maintain access to necessary resources. ##### Flexibility for Deployment and Relocation: Military service often involves frequent deployments and relocations. Mediation provides an opportunity for the couple to create a flexible and realistic parenting plan that takes these unique challenges into account. It can address issues like visitation schedules, custody arrangements, and communication methods during deployments. ##### Reduction of Stress and Disruption: The demands and stresses of military life can already be significant. Mediation offers a less adversarial and more cooperative process, potentially reducing the emotional strain on both parties and any children involved. It allows for a smoother transition during an already challenging time. ##### Confidentiality and Privacy: Military personnel may have concerns about their personal matters becoming public record in a court proceeding. Mediation is a private and confidential process, conducted behind closed doors. This can help protect sensitive information and maintain a level of privacy that may be important to members of the military. --- ### [Post Nuptial Agreements](https://www.bestlawaz.com/divorce-mediation-arizona/post-nuptial-agreements-in-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Preserves Marital Harmony: Post-nuptial agreements can be sensitive subjects, as they involve discussions about finances and property. Mediation provides a neutral and structured environment where both parties can openly communicate their concerns and interests. This collaborative approach can help prevent misunderstandings and potential conflicts, preserving marital harmony. ##### Customization to Unique Circumstances: Every marriage is unique, and couples have different financial situations and goals. Mediation allows couples to craft a post-nuptial agreement that reflects their specific circumstances and needs. This level of customization may not be achievable through a one-size-fits-all approach. ##### Promotes Open Communication and Transparency: Mediation encourages open and honest communication between spouses. The mediator facilitates discussions, ensuring that both parties have the opportunity to express their views and concerns. This transparency can lead to a better understanding of each other’s financial expectations and goals. ##### Reduces Uncertainty and Provides Clarity: A post-nuptial agreement can provide clarity about how financial matters will be handled in the event of divorce or other life changes. Mediation allows couples to address potential scenarios and make decisions about issues like property division, spousal support, and other financial matters. This can help reduce uncertainty and provide a clear framework for the future. --- ### [Prenuptial Agreements](https://www.bestlawaz.com/divorce-mediation-arizona/prenuptial-agreements-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Efficient Process for Timely Arrangements: Mediation tends to be a more time-efficient process compared to traditional legal proceedings. This can be particularly advantageous for couples with a wedding date approaching, as it allows them to establish important financial and property arrangements in a timely manner. ##### Minimizes Stress Amid Wedding Planning: Planning a wedding can be a hectic and stressful time, and adding legal discussions to the mix can further amplify this stress. Mediation offers a structured and supportive process that helps manage the stress associated with establishing a pre-nuptial agreement. ##### Provides a Secure Foundation for Marriage: Having a clear understanding of financial arrangements can provide a sense of security and stability as a couple enters into marriage. Knowing that important matters have been discussed and agreed upon can help the couple start their marriage on a strong and confident foundation. ##### Promotes Fairness and Equity: Mediation allows both parties to actively participate in the negotiation process. This helps ensure that the pre-nuptial agreement is fair and equitable, as both individuals have the opportunity to voice their concerns and advocate for their interests. ##### Supports Long-Term Financial Planning: By establishing a pre-nuptial agreement, couples can proactively address potential financial scenarios and plan for the future. This can provide a roadmap for how financial matters will be handled, both during the marriage and in the event of unforeseen circumstances. --- ### [Spousal Maintenance](https://www.bestlawaz.com/divorce-mediation-arizona/spousal-maintenance-mediation-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Promotes Open Communication and Understanding: Mediation provides a structured and facilitated environment for spouses to openly discuss their financial circumstances, needs, and concerns. This promotes healthy communication, leading to a better understanding of each other’s financial situations and goals. Financial discussions can be tough for some individuals, so mediation provides a safe place for those conversations. ##### Tailored Solutions for Unique Circumstances: Every divorce is unique, with different financial situations and goals. Mediation allows spouses to craft a spousal maintenance agreement that reflects their specific circumstances and needs. This level of customization may not be achievable through a standardized or court-imposed decision. ##### Reduces Costs and Time: Mediation is generally more cost-effective and time-efficient compared to going to court. It often involves fewer formal procedures, attorney fees, and court appearances. This can lead to quicker and more affordable resolutions for both parties. ##### Preserves a Sense of Autonomy and Control: In mediation, both parties actively participate in the negotiation process. It is a completely voluntary process. This allows spouses to have a say in the terms of the spousal maintenance arrangement, giving them a greater sense of ownership and control over the outcome. ##### Flexibility in Arrangements: Mediation allows for more flexibility in determining the terms of spousal maintenance. This can include considerations for factors like the duration of payments, potential adjustments over time, and the ability to adapt to changing circumstances. ##### Minimizes Emotional Strain: Divorce can be emotionally challenging, particularly when it comes to discussions about financial support. Mediation provides a more cooperative and less adversarial atmosphere, potentially reducing the emotional strain on both parties. It allows for a more constructive and less confrontational approach to reaching an agreement. ##### Privacy and Confidentiality: Mediation is a private process, conducted behind closed doors. This means that the details of the discussions and agreements reached remain confidential. This can be particularly important for individuals who wish to keep their financial matters private. ##### Promotes Long-Term Financial Planning: Through mediation, spouses can address long-term financial goals and aspirations, allowing them to plan for their financial futures with greater clarity and confidence. This can be important for both parties’ financial well-being post-divorce. The equitable division of assets and spousal maintenance can be crafted for both parties’ benefit. #### *What are benefits of mediating spousal maintenance with a spouse who does not work outside of the home, like a stay-at-home mom?* ##### Recognition of Non-Financial Contributions: Mediation allows for a discussion about the non-financial contributions of the stay-at-home mom to the family and household. This may include childcare, homemaking, and other essential responsibilities that contributed to the family’s overall well-being. Often a stay-at-home mom has sacrificed her career and earning potential for the benefit of the other spouse’s employment. ##### Transitional Support and Financial Security: Mediation can help ensure that the stay-at-home mom receives the necessary financial support to transition into a new phase of life, which may include re-entering the workforce or pursuing education or training opportunities. It is important to consider what one spouse financially needs while addressing whether the other spouse can afford those payments. ##### Empowerment and Skill Development: Mediation can facilitate discussions about how the stay-at-home mom can gain the skills, education, or training needed to become financially self-sufficient in the future. This may involve considerations for spousal maintenance duration and potential adjustments over time. ##### Minimizing Disruption for Children: Mediation can help ensure that the stay-at-home mom and her children experience as little disruption as possible in their standard of living and quality of life following the divorce. This may involve discussions about financial stability and resources available to meet the needs of the children. ##### Balancing Parental Responsibilities: Mediation allows for discussions about how both parents can share financial responsibilities for the well-being of the children. This may include considerations for child support and spousal maintenance arrangements that support the stay-at-home mom’s ability to continue providing care. ##### Promoting a Fair and Equitable Resolution: Mediation provides a platform for both parties to work together to develop a spousal maintenance arrangement that considers the specific needs and circumstances of the stay-at-home mom. This level of customization may be challenging to achieve through a court-imposed decision. There are new spousal maintenance guidelines in Arizona, which can be addressed at mediation. --- ### [Unmarried Parents](https://www.bestlawaz.com/divorce-mediation-arizona/unmarried-or-unwed-parents-mediation-scottsdale-arizona/) **Published:** April 27, 2026 **Author:** Cindy Best **Content:** ##### Child-Centered Focus: Mediation places the best interests of the child at the forefront of the discussions. It provides a platform for parents to collaborate and find solutions that prioritize the well-being and needs of the child. This ensures that any agreements made are made with the child’s best interests in mind. ##### Establishes Clear Parenting Arrangements: Mediation helps unmarried parents work together to establish clear and detailed parenting plans, including custody, visitation schedules, and decision-making authority. These plans can help set boundaries, create stability and predictability for the child, which are essential for their emotional well-being. ##### Promotes Effective Communication: Mediation encourages open and constructive communication between parents. Through guided discussions, parents can express their concerns, suggest solutions, and come to a mutual agreement. This improved communication can lead to better cooperation and understanding in co-parenting. Parenting plans will also outline how parents and at what frequency parents can communicate with one another. All families are unique and come to mediation with different perspectives as to what communication needs the parents need and expect. ##### Cost-Effective and Time-Efficient: Mediation is generally a more cost-effective and efficient process compared to going to court. It typically involves fewer formal procedures, court appearances, and attorney fees. This can lead to quicker and more affordable resolutions for both parties. ##### Flexible Solutions for Unique Circumstances: Unmarried parents may have unique circumstances that require tailored solutions. Mediation provides the flexibility to address specific needs and preferences, such as cultural considerations, work schedules, and other factors that may influence the parenting plan. There are times that unmarried parents do not know each other well or have not lived together. Mediation can explore the needs of both parties and establish what is in the children’s best interet. ##### Establishes Legal Parental Rights, Legal Decision-Making, Parenting Time and Responsibilities: Mediation helps unmarried parents formalize their legal rights and responsibilities, including decision-making authority, financial support, and custody or parenting time arrangements. This provides a clear framework for how both parents will participate in the child’s life. We will outline communication provisions, holiday and vacation schedules to best suit your family’s needs. ##### Maintains a Positive Co-Parenting Relationship: Through mediation, parents have an opportunity to demonstrate their ability to work together in the best interests of their child. This can set a positive tone for future co-parenting endeavors and help children see their parents cooperating, even in challenging situations. ##### Reduces Emotional Strain for the Child: Mediation often results in a smoother transition for the child because it tends to be less contentious and more focused on cooperation. This can help minimize disruptions to their routines and provide a more stable environment during the separation process. Children did not choose for their parents to live separately, so it helps with their transition if we work together for their benefit. This may not work in the event of #### *What if the parents barely knew each other or were a one-night stand?* ##### Establishing Clear Expectations: Mediation can provide a platform for the parents to discuss their expectations, intentions, and desires regarding their roles in the child’s life. This can help avoid misunderstandings and potential conflicts down the line. Some parents want to be very involved in their child’s life and some want less than that depending on other commitments. ##### Determining Parental Responsibilities: Mediation allows the parents to work together to establish a parenting plan, including decisions about education, medical, religious, personal care, visitation schedules, and financial responsibilities. This can help provide stability and structure for the child’s upbringing. ##### Providing a Safe Space for Communication: Mediation offers a structured and facilitated environment for the parents to communicate openly and honestly about their intentions, concerns, and preferences regarding co-parenting. The mediator can help guide the conversation and manage any potential tensions. Some mediation sessions can be done with both parties in the same room, and sometimes the mediator will separate the parties into different spaces to help facilitate the process. ##### Minimizing Legal Complexity: While legal processes can be complex and time-consuming, mediation tends to be a more streamlined and straightforward approach. This can be especially advantageous in situations where there is no existing legal framework for parental responsibilities. ##### Focusing on the Child’s Best Interests: Mediation places the child’s best interests at the forefront of the discussions. It provides an opportunity for the parents to collaboratively make decisions that prioritize the child’s well-being and needs. It is an amicable way to move through these sometimes difficult decisions. ##### Preserving Privacy and Confidentiality: Mediation is a private process, conducted behind closed doors. This ensures that the details of the discussions and agreements reached remain confidential, which can be particularly important in situations involving a one-night stand. --- ### [What We Do](https://www.bestlawaz.com/divorce-mediation-arizona/what-we-do/) **Published:** April 27, 2026 **Author:** Cindy Best --- ### [What Is A Divorce Coach](https://www.bestlawaz.com/divorce-mediation-arizona/what-is-a-divorce-coach/) **Published:** April 28, 2026 **Author:** Cindy Best --- ### [Mediation Or Court](https://www.bestlawaz.com/divorce-mediation-arizona/divorce-mediation-or-go-to-court/) **Published:** April 28, 2026 **Author:** Cindy Best --- ### [Lawyer Or Coach](https://www.bestlawaz.com/divorce-mediation-arizona/divorce-lawyer-or-divorce-coach/) **Published:** April 28, 2026 **Author:** Cindy Best --- ### [Custody](https://www.bestlawaz.com/phoenix-custody/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Cynthia L. Best](https://www.bestlawaz.com/cindy-best/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Tali Best Collins](https://www.bestlawaz.com/tali-collins/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Divorce Coaching](https://www.bestlawaz.com/arizona-divorce-coaching/) **Published:** April 16, 2020 **Author:** Cindy Best --- ### [Morgan McNellis](https://www.bestlawaz.com/morgan-mcnellis/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Ashley Rios](https://www.bestlawaz.com/ashley-rios/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Randal Westbury](https://www.bestlawaz.com/randal-westbury/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Megan T. Spaulding](https://www.bestlawaz.com/megan-t-spaulding/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Prenuptial Agreements](https://www.bestlawaz.com/prenuptial-agreements-phoenix-scottsdale-arizona/) **Published:** September 23, 2019 **Author:** Cindy Best --- ### [Paradise Valley Family Law Office](https://www.bestlawaz.com/arizona/paradise-valley/paradise-valley-family-law-divorce-office/) **Published:** November 25, 2016 **Author:** Cindy Best **Content:** ## Why Choose a Paradise Valley Family Law Attorney Family law matters in Arizona are governed by specific statutes, court rules, and local procedures. Working with an attorney who regularly handles cases in Maricopa County ensures your matter is approached with practical knowledge of how courts address divorce, custody, and financial issues. Our firm brings years of hands-on experience representing clients in both negotiated resolutions and contested litigation. ### Divorce & Family Law Services in Paradise Valley Our Paradise Valley family law practice includes comprehensive representation for: – Divorce and legal separation – High-asset and complex divorce – Child custody and parenting plans – Child support and spousal maintenance – Division of marital assets and debts – Prenuptial and postnuptial agreements – Mediation and settlement negotiations – Post-decree modifications and enforcement ### High-Asset & Complex Divorce Experience Paradise Valley divorces often involve substantial assets, business interests, real estate, investment portfolios, and retirement accounts. Our attorneys work with financial professionals when needed to ensure accurate valuation and equitable division under Arizona law. We approach these matters strategically, protecting both short-term interests and long-term financial stability. Mediation vs. Litigation Not every divorce needs to be resolved in court. We help clients evaluate whether mediation or negotiation is appropriate, while remaining fully prepared to litigate when necessary. Our goal is to resolve matters efficiently without sacrificing your rights or leverage. ### FAQS **What to Expect When Working With Best Law Firm?** Clients can expect clear communication, realistic guidance, and a strategy tailored to their goals. We believe informed clients make better decisions, and we prioritize transparency throughout the process. **How long does a divorce take in Arizona?** Arizona requires a 60-day waiting period, but timelines vary depending on complexity and cooperation. **Is Arizona a community property state?** Yes. Assets and debts acquired during marriage are generally divided equitably. **Do I have to go to court?** Many cases resolve through negotiation or mediation, but litigation may be required in contested matters. **Can custody orders be modified?** Yes, when there is a substantial and continuing change in circumstances. **How is spousal maintenance determined?** Courts evaluate multiple statutory factors including income, duration of marriage, and standard of living. --- ### [Paradise Valley](https://www.bestlawaz.com/arizona/paradise-valley/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Just a Day Divorce!](https://www.bestlawaz.com/get-divorced-in-a-day-in-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Download Our Ebooks](https://www.bestlawaz.com/download-our-ebooks/) **Published:** June 18, 2020 **Author:** Cindy Best --- ### [Complex & High Net Worth Divorce](https://www.bestlawaz.com/high-net-worth-divorce-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Gray Divorce](https://www.bestlawaz.com/gray-divorce-phoenix-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Pay It Forward](https://www.bestlawaz.com/pay-it-forward-best-law-firm/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Divorce Document Preparation Arizona](https://www.bestlawaz.com/document-preparation-for-family-law-matters/) **Published:** April 16, 2020 **Author:** Cindy Best --- ### [Family Law Legal Fees & Programs](https://www.bestlawaz.com/family-law-legal-fees-programs/) **Published:** June 5, 2017 **Author:** Cindy Best --- ### [Modifications of Child Custody](https://www.bestlawaz.com/modifications-of-child-custody-arizona/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Spousal Maintenance Modifications](https://www.bestlawaz.com/spousal-maintenance-modifications/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Daily PNC Report](https://www.bestlawaz.com/pnc/) **Published:** August 20, 2025 **Author:** Cindy Best **Content:** --- ### [Military Divorce](https://www.bestlawaz.com/military-divorce-in-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Post a Job](https://www.bestlawaz.com/post-a-job/) **Published:** August 19, 2024 **Author:** Cindy Best **Content:** Have an account? 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[Sign in](https://www.bestlawaz.com/my-login/?redirect_to=https%3A%2F%2Fwww.bestlawaz.com%2Fjob-dashboard%2F) --- ### [Jobs](https://www.bestlawaz.com/jobs/) **Published:** August 19, 2024 **Author:** Cindy Best **Content:** Keywords Location Remote positions only - Full Time - Part Time - Temporary - Freelance - Internship [**Load more listings**](#) --- ### [Family Healing & Advocacy Support test](https://www.bestlawaz.com/family-healing-advocacy-support-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Family Healing & Advocacy Support](https://www.bestlawaz.com/family-healing-advocacy-support/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Frequently Asked Questions](https://www.bestlawaz.com/arizona-divorce-family-law-faqs/) **Published:** December 19, 2018 **Author:** Cindy Best **Content:** [Family Law](#) | [Why Choose Us](#whychooseus) | [Document Preparation](#docprep) | [Your Options](#options) | [Divorce](#divorce) | [Legal Separation](#legalsep) | [Child Custody](#childcustody) | [Property Division](#property) | [Unmarried Parents](#unmarried) | [Spousal Maintenance](#spousal) | [Mediation](#mediation) | [Modification of Parenting Time](#parentingtime) | [Modification of Child Support](#childsupport) | [Relocation](#relocation) ## Family Law FAQs **Do I need an attorney for my family law case?** No. Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom, but you are held to the standard of an attorney. But, even if you do this yourself, it is always a good idea to have an attorney review your work and give you some legal advice. **Can I represent myself in court?** Yes, as it is not a requirement that you have an attorney to represent you in court proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **Where do I go to court?** The Maricopa County Superior Courthouses are listed above with their address and contact information. **Where can I get more information about the Maricopa County Superior Court?** The court has useful information online at: ## Why Choose Us FAQs **What areas of law do you practice?** We only practice family law. Within the family law realm we offer services for divorce, legal separation, child custody, child support, spousal maintenance, relocation, father’s rights, third-party rights, domestic violence and modifications. **Do you offer free consultations?** Unfortunately we do not offer free consultations. Information discussed during a consultation is sensitive by nature. Any legal advice we provide must adhere to the Arizona Family Law Rules and Procedures. As such, to protect your privacy and our duty to you, we charge a fee for our time and expertise. **How much is a consultation?** A one-hour consultation with an attorney is $100. During this consultation you will receive legal advice, learn about your options and we will help you create a game plan going forward. If you look at the big picture $100 for a consultation is the best money you can spend. **Do I need a consultation with an attorney?** Individuals often come to us after trying to manage their case on their own or after experiencing a court disaster. Don’t let that happen to you because some mistakes can be very difficult and very expensive to fix. It is easy to fall into the trap of thinking that you can handle your legal issues all on your own. There are plenty of websites that offer do-it-yourself forms and they try to make legal matters seem simple. Unfortunately, family law can be complex and not knowing all of the Arizona Family Law Rules and Procedures can have detrimental consequences. Even if you want to handle your matter on your own, consult with an attorney first and be confident that you understand the process and the law. ## Document Preparation FAQs **What’s the difference between using Best Law Firm as opposed to a company like Legal Zoom for my document preparation?** Doc Prep services like Legal Zoom are not law firms. They cannot give you specific legal advice. When you use our services, you know your documents have been reviewed by a lawyer and if you have any questions during the process you can contact us at anytime. **How much does it does Doc Prep cost?** It depends on what you need. We offer flat fees for most of the required court documents. See Above for a complete list of our costs and fees. **How long does it take to get my divorce documents drafted?** Once we receive all the required information and verification pages from you, your documents will be ready for review within 1 week. **Can I pay to have an attorney review my documents?** Yes. Just schedule a consultation with us and bring your documentation with you. We can review all of your documents to ensure that you have included everything you need. We can also take care of Filing and Serving your documents. **What are the court filing fees?** Yes. All filing fees are payable to the Clerk of the Superior Court when you file your documents. For a complete list of Maricopa County Superior Court visit their website. The most common filing fees are listed below: Petition for Dissolution (Divorce) – $338. Response to Petition – $269. Establish Support – $268. Answer Establish Support – $199. Modification to Existing Order – $84. ## Your Options FAQs **Do I have to hire an attorney?** No. All of the required forms are available on the Maricopa County Court’s website. **Why do I need an attorney?** What you don’t know can hurt you. When you represent yourself you are held to the same standard as an attorney. The courts aren’t lenient with the rules. If something is filed incorrectly or deadlines are missed you’ll get no sympathy from the judge, just a quick lesson on the penalties for not meeting the standards of the legal system. **Do you offer payment plans?** We offer pay-as-you go plans. Each month you pay a fixed fee that’s agreed upon at the outset of your matter and we represent you through the duration of your matter or until our representation is no longer needed. **How much will it cost to get started?** $100. The first step is a consultation. At the initial consultation we will learn the facts of your case and figure out your ideal outcome. From there we can decide on a plan of action that meets your needs. ## Divorce FAQs **How long does a divorce take?** According to Arizona Revised Statute, section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to Court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take up to a year. **How much does it cost to file for divorce in Maricopa County?** The Petitioner (initiator of the divorce) must pay Maricopa County $349.00 as of April, 2022 and the Respondent pays $274.00 for filing an answer. **Who actually divorces me?** The divorce decree will be from the Judge or Commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court. **Where do I file for my divorce?** There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast (see resource guide for other county courthouses). **Can my spouse and I file for divorce together?** No, Arizona does not have a provision for any type of joint filing. **Am I considered the “bad guy” if I file for divorce first?** Someone has to be the Petitioner and someone has to be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner). **What if my spouse filed and I do not want to get divorced?** You cannot stop your spouse from divorcing you but you can file a request with the court to order a one hour conciliation meeting to try and reconcile. These rules change, depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place. **Do I need a lawyer to get divorced?** Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom but you are held to the standard of an attorney. **Does it matter if my spouse was having an affair?** No, Arizona is a “no-fault state,” which means that the court does not require that one spouse prove blame or responsibility in order to end the marriage. However, in Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements). **What is a Covenant Marriage?** You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. **Can I represent myself in court?** Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **What if I change my mind after starting a divorce?** If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties. **What is a divorce “Decree?”** Arizona Revised Statutes §25-312 and §35-325 provide that A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. The Decree is the final order of the court legally ending the marriage. Spouses are not “divorced” until the court grants the divorce and the Decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court. A certified or duplicate copy of the Decree can be obtained from the Clerk of Superior Court for a small fee. **Where do I go to get divorced?** In Arizona, only the Superior Court can grant a divorce. To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has a facility in each Arizona County, a court case to end a marriage must be started in the county where the person requesting the divorce lives. **Who can start a divorce?** In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship. **What if I don’t have money to pay the divorce filing or fee?** You may request that the Court waive or postpone payment of the filing or response fees. Forms must be completed and signed by you and submitted to the Court. The forms are free of charge and are available in the office of the Clerk of Superior Court. **When is my marriage dissolution final?** A dissolution of marriage is final after the judge or commissioner takes testimony, signs the Decree and files it with the Clerk of the Court. **Do divorce trials have juries?** No, if your case is litigated, you will not have a jury. One judge will make all the decisions that the parties cannot agree on. **When can we start divorce mediation?** You can start this at anytime, even before you file. **I cannot afford health insurance. If I file for divorce, can my husband stop paying for it while we are in the divorce proceedings?** No. After one spouse is served with the dissolution or legal separation documents, no insurance of any kind can be canceled or modified to the detriment of the other spouse. ## Legal Separation FAQs **What is the difference between a legal separation and a divorce in Arizona?** An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences. In both cases, the court will issue final orders dividing the spouses’ debts and assets, enter decision-making and parenting time orders regarding the parties’ children and enter child support and spousal maintenance orders. Additionally, the community property rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry. **Why would someone choose a legal separation over a divorce in Arizona?** Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, some of those reasons may be: religion, health insurance and debts, such as gambling. Also, circumstances may exist in which a spouse has a significant physical ailment that would not be covered by his or her health insurance plan or by some other plan if the parties were divorced. In some circumstances, a legal separation may provide a more suitable alternative to a divorce. **How do I get a legal separation in Arizona?** A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court. The petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case, or the issues are presented to the court at a trial, after which, the judge issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce. **Can I stop an Arizona legal separation proceeding?** You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition, but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the court enters a final Decree of Legal Separation. **Can I change an Arizona legal separation into a divorce?** You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. **What does the court do if one spouse wants a legal separation and the other spouse wants a divorce?** The court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The court must allow the divorce to proceed if either spouse requests a divorce. **How do I start a legal separation?** To start a legal separation, one party needs to file a petition for legal separation. There are two different petitions; one for families with children and one for families without children. The petition must be served on the other party, just as in dissolution. **Who gets to live in the home and how are bills paid while a legal separation is being prosecuted?** These issues can be addressed by agreement between the parties, but if you do not have agreements, the court can grant temporary orders to address specifically those and other issues. These temporary orders will govern until the case is finished. This is the same process in a dissolution. **What happens if I get served with separation papers?** Many people simply ignore the papers they receive, or simply take the word of the other spouse that they do not have to do anything. Ignoring the paperwork and failing to file a response can lead to disaster. Despite how much you may want to cooperate with your spouse, or be unable to react due to the emotional stress, you cannot ignore the paperwork. A divorce or separation is like any other civil lawsuit. If you do not respond, you will be in default and can lose many rights that could have protected you. **Does it matter who files for legal separation first?** In Maricopa County, the party who files first will have his or her case set in the courthouse nearest their address. There are four courthouses in the Valley and you may prefer being in one location rather than another. **Do all separations have to go to trial?** No, in fact the majority of separations in Arizona eventually settle without the need to go to a final trial. But, if you are unhappy with the settlement proposals being made by your spouse or they are refusing to accept your proposals, then you may need to mediate, obtain counsel, or go to trial. **How are property and debts divided in a legal separation?** Arizona is a community property state. This means that any property that was obtained, income acquired or debt incurred during the marriage will most likely be divided evenly. Property that was gifted to or inherited by one spouse or was owned by a spouse prior to the marriage is considered separate property and may be protected from the claims of the other spouse. ## Child Custody FAQs **Do the courts favor mothers?** There is no such preference. There are many factors that the court considers but courts do not favor mothers over fathers. **How does the court decide legal decision-making?(A.R.S. §25-403)** The court looks at the following factors: - The past, present and potential future relationship between the parent and the child. - The wishes of the child’s parent or parents as to legal decision-making. - If the child is of suitable age and maturity, the wishes of the child as to the custodian. - The interaction and interrelationships of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. - The child’s adjustment to home, school and community. - The mental and physical health of all individuals involved. - Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. - The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making. - Whether a parent has complied with chapter 3, article 5 of this title. - Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. **We aren’t divorced yet and my wife took the kids out of state. Can she do this?** Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court. **Can I stop my ex from dating when she has the kids?** No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests but keep your children safe. You might want to know the person’s birth date and social security number so you can run a background check on him/her. You have a right to know your children are safe. **How much do I have to pay in child support?** It all depends; this is discussed in the [child support section](https://www.bestlawaz.com/child-support-laws-in-arizona/) or [child support calculator](https://www.bestlawaz.com/arizona-child-support-calculator-az/) of our website. **Can she schedule soccer when they are with me?** The short answer is no. It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not “your time;” it is your child’s childhood. **My wife has the kids every other weekend but she works and leaves them with her mother. What can I do?** You could have an agreement called a “right of first refusal.” This is a common provision which reads that if one parent who has the kids is gone for more than 4 hours, s/he will call the other parent and offer them the “right” to parent the kids before anyone else. If the other parent is busy, then Parent #1 can leave the kids with a responsible person of their choice. In the past this has created a great deal of litigation and is not a favored provision by most judges. **My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend?** My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend? **Can my ex have parenting time with the children if they smoke pot?** Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: www.tascaz.org. You might want to consult with an attorney as this issue can become complicated. **My ex has physically abused me. Can he still be awarded legal decision-making and parenting time with the kids?** Significant domestic violence is contrary to joint legal decision-making. Please consult with an experienced family law attorney. **My-14-year old does not like her father. Should I make her go visit him?** Do you know why she does not like to visit him? If he is safe and his house is safe, you should do everything you can to encourage the relationship. She may be taking on your negativity or he may just not be a very attentive parent. Help him be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent. **My ex mother-in-law is coming for vacation. She wants to see our kids for a concert on my Saturday. I am afraid if I give in, I will always be giving in. Should I let my kids see her?** You should very seriously consider it. Do your kids want to go? Remember, while this is “your” time, it is also their childhood. Try to negotiate and get make up time or be gracious and let it go, knowing that your former ex will return the favor when your parents come to town. Keep your kids first. **My former ex wants to go on a cruise to other countries. I will not let the kids get passports. Can he get my children passports without my approval?** This can get sticky, since there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Generally the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your ex has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern. **We decided our kids would be Catholic. My ex will not take them to mass on her Sundays. Can I ask the Court to make my ex take our children to mass?** The court will not mandate where each parent takes the children to worship on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court will enforce it. **My son wants to go to his band banquet on Friday night, but it is my parenting time and I do not want him to go. Should I let my son go?** Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet then take a step back and think about your son’s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is “your” time. You should seriously consider whose needs you are thinking about. We have heard on more than one occasion that it is “not in the child’s best interest” to be involved in school activities during one parent’s time, but that is simply not the case. It is important as a parent that you stay involved in your children’s lives. Your life should revolve around their activities, not the other way around. **How does parenting time affect child support?** The parenting time arrangement is one factor considered in the worksheet. **We have not been to court yet and there are no orders. Who gets the kids right now?** It is basically a free-for-all, unless you all can decide. Just remember, what you do now can be reported to the court later. If you unreasonably keep the children away from one parent, out of vindictiveness, that will be contrary to you obtaining legal decision-making. **Can I get temporary legal decision-making and parenting time?** You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a written temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule. **Should we put our parenting time schedule in writing?** Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69 that will be valid in court. You can attach it to your joint parenting agreement or re-write into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce just so you have some certainty. **My husband never really helped parent the kids but now he wants 50/50 time with them. Is he likely to get 50/50 parenting time?** Who has provided primary care in the past is no longer considered in determining what arrangement is in the children’s best interests. Perhaps he never had the chance to co-parent in the past. But if he is doing a good job, the kids are happy and he is now a good, involved father, congratulations to your family! Fathers often shift their work focus after a divorce so they can stay involved in their children’s lives and that is a good thing. **My husband is doing whatever I do. If I take the children for ice cream on my weekend, he does it on his next visit. When I started reading them books at night, he started doing it on his parenting time. I bet he is just doing it to look good. What gives?** Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids. **Will the court tell me when I can see my kids?** Only if you and your ex cannot agree. You really do not want to turn this life-changing decision over to a stranger who will only get to know your family in a few hours or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue and you must have the help of the court to protect your children. **Do my kids have to go to court?** No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the Court’s Conciliation Services may choose to interview your children as part of a Parenting Conference. Children over the age of six or seven can usually be interviewed. **I think my ex’s behavior reflects instability and potential likelihood for harm to my children if my ex does not undergo proper treatment. Is there anything that I can ask the Court for?** You could ask for a Rule 63 psychological or psychiatric examination or a custody evaluation. **What is a parenting conference?** It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party. ## Property Division FAQs **How will our property be divided? (A.R.S. §28-211 & 25-318)** You and your spouse may decide this for yourselves, but is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50% of the assets acquired during marriage. Also, the courts generally seek to divide debt equitably in a divorce case. This does not automatically mean that each spouse will have 50% of the debt assigned to them. The court will take into consideration the spouse’s income, ability to pay debts and issues of waste of community property assets. **Is everything we own considered community property?** According to Arizona Revised Statute, section 25-211, generally anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (by a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. **What property is not divided?** Per Arizona Revised Statute §25-213 “Separate Property” cannot be divided by the Court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to the community-for example, by re-titling the property as community property. **What happens to debts during a divorce?** Arizona Revised Statute §25-318 provides that Debt incurred during the marriage is presumed to be community debt. Generally the Court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The Court may also order the parties to submit a debt distribution plan. Within thirty days after receipt of a written request for information from a litigant which includes the Court name and cause number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. **Can our creditors force me to pay my spouses debts?** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **What happens our business when we get a divorce?** During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual’s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter. **What if neither of us can afford the house?** This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says. **Decide who pays for repairs during the dissolution, who should sell and how long they have to sell? If one party agrees to buy out the other party, when do you appraise the house? What if one party made the down payment with money earned prior to marriage, but after marriage put the house deed in both names as joint tenants?** The house is community property and the spouse who made a down payment may have “gifted” the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity. **What if I paid the down payment, my spouse has lived here during our entire marriage but her name is not on the deed?** The house most likely remains your sole and separate property but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney. **My spouse and I purchased the house together but I made her sign a disclaimer deed two years later when I refinanced the house. The house is all mine, right?** Quite possibly, but while disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about that she was doing. And again, there is the equitable lien issue as outlined above. **What do I do if my husband will not get out of the house and I just filed for divorce.** You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the Judge and will likely take a month or more to get a hearing; usually this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order. **Who pays for repairs while our house is for sale?** You can agree that the party living in it pays for everything under a certain amount such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses. **My spouse made the down payment but after our marriage put the house deed in both names as joint tenants. Is the house community or separate property?** The house is community property and the spouse who made the down payment most likely “gifted” the property to the other spouse. **Who gets the kids’ furniture in the divorce?** This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared custody arrangement. **What is considered my sole and separate personal property?** Usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing, and whatever you owned prior to marriage. Also, anything you owned prior to marriage and anything you inherited is your sole and separate property. **Who gets our digital camera in our divorce?** If you both use it and bought it with community funds, it needs to be divided along with other property. **Who gets the vehicles during a divorce if both vehicles have debt and no equity in our?** Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off. **I inherited money when my mom died six years ago and put my husband’s name on the account. Is this money community or my sole and separate money?** This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let’s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you. **What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **I am getting ready to file for divorce. Can I take all the money out of our joint savings account?** No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money and this should not cause any problems in case you have to explain this to a judge. **I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce?** No, a personal injury settlement for pain and suffering is your sole and separate property. **I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it?** If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it. **I had stocks before marriage, but bought more stock after marriage. Who gets the stocks?** The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property. ## Unmarried Parents FAQs **What can the attorneys at Best Law Firm do for me?** It is important to have attorneys explain to you what the consequences will be of any legal action. Even if a legal action is simple, it can have important consequences down the road. The attorneys at Best Law Firm will be able to explain this to you and help you fill out any documents and submit them to the court thus simplifying the process for you. **I’m not married but have a baby, what are my rights?** You have no parental rights until paternity is established. That does not mean, however, that the Father should be denied time with the child. A later determination about disputed custody will include the court reviewing how each parent treated the other parent with regard to access to the baby or child. If a parent denies the other parent time with the child for no good reason, it will be reviewed at a later date regarding custody. Good reason could include domestic violence, drug abuse, mental illness, criminal behavior or child abuse. **My name is on the birth certificate signed by the hospital staff; doesn’t that prove I am the father?** If it is uncontested, yes it does. **If I obtain paternity does that mean I can be required to pay child support?** Yes, it will. Every parent must pay for their children, whether they live at the house or whether you must pay the other parent who cares for them. **Does it matter how old my child is?** Not as long as he/she is a minor. Arizona law allows parents to establish paternity anytime during pregnancy up until the child turns 18. **Is it free to submit paternity paperwork for the state?** No. The state does charge a fee depending on what paperwork is required to prove paternity. **Can we establish paternity without going to court?** Yes, you may be able to draft a legally binding agreement, signed by both parties, without filing it with the court. It is not however, a court order unless a Judge signs off on your agreement. **Can I establish paternity without an attorney?** Yes, you can find the necessary paperwork on the Maricopa County website. ## Spousal Maintenance FAQs **How is spousal maintenance paid?** It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the Clearinghouse, administered by the State of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the Clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the State. **When does spousal maintenance end? (A.R.S. §25-327)** Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it. **Can spousal maintenance be modified?** Yes, under certain circumstances and depending upon how your decree or property settlement agreement was drafted. **What if my spouse quits working in order to stop having to pay spousal maintenance?** A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The Court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings if there was some kind of mischief. **What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. §25-513)** You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or request for expedited hearing requiring your spouse to provide you with the relevant information and to keep you apprised of his or her current employer’s address. You should consult with an attorney. **Is spousal maintenance considered my salary for child support calculations?** Yes. **Can either a husband or a wife receive spousal maintenance?** Yes. **Can I waive my spousal maintenance?** Yes. **Does it matter how many children we have?** No. **Am I entitled to live the same as I did when we were married?** No. The style to which you have been accustomed is not the standard. **What if my husband had a really good job and now is unemployed?** Depends, if he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment. **What if my husband has quit his job on purpose to avoid paying me?** If you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off. **Is spousal maintenance taxable?** Check with your accountant but in general, spousal maintenance is taxable to receiver and tax deductible to the payor. ## Mediation FAQs **How long does the average divorce take in the litigation process?** In the Phoenix area, the average divorce proceedings take 6-12 months. **What is mediation?** Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms with the assistant of an impartial mediator. **How much does mediation cost?** On average, mediation can cost approximately less than 70-80% of total litigation costs. At Best Mediation Services, parties can pay by the hour in a step-by-step process. **Does mediation cost less than two attorneys?** Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. **How will the costs be determined or divided between the parties?** The parties can decide how to divide the cost of the mediation. **What paperwork must be filed with the court to complete the mediation process?** No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the State of Arizona Support Payment Clearinghouse. **Where does mediation paperwork get filed?** Best Mediation Service also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court. **Can I be divorced after mediation?** You will be divorced after the required documents are filed with the court and a judge signs the consent decree. **Can the mediator also act as your attorney?** No, a mediator cannot act as both your mediator and your individual attorney because that would be a conflict of interest. If you would like Ms. Best to represent you individually to handle your case, you may visit our website at www.bestlawaz.com. Once an attorney becomes your mediator, he or she cannot represent either party. **What legal effects does mediation present?** Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process. Binding: Mediation is binding only if an agreement is reached by both parties, it is in writing, and it is signed. **Can I still have an attorney if I mediate?** Yes, retaining individual counsel is an option; however it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation. **If I’ve already filed for divorce, can we still mediate?** Yes, mediation is an option for parties’ even if they have already filed for divorce. Often times, parties may decide litigation is not cost-effective or that with the help of a third party they can resolve their issues without the long, expensive litigation process. **When is mediation successful?** Mediation is successful when both parties are active, willing, and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to the other party. **Who will prepare the mediation agreement documents?** Best Mediation Services provides document preparation services, including Rule 69 Agreements (Memorandum of Understanding) that memorialize the parties’ agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans, and property settlement agreements to finalize your case. **What if we cannot make an agreement during mediation?** If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules. **Are there areas of family law that cannot be mediated?** Substance abuse and domestic violence are issues that are not generally suitable for mediation. **What are some helpful personal documents to bring into mediation?** All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49. **What is special about Best Law Firm?** We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves. **Who can I call for help?** Best Law Firm (480) 219-2433. **When can we start our divorce mediation?** You can start this at anytime, even before you file. ## Modification of Parenting Time FAQs **Do I meet the necessary requirements to ask the Court for help in changing my current Parenting Time Order?** Before you can seek help from the Court and file a Petition to Modify, you must determine whether you current Parenting Time Order has a “Mediation Clause.” This clause requires parties to go through mediation services to resolve their issues before they can seek help from the Court. This “Mediation Clause” can be found in your Parenting Plan. If you are wondering whether your Parenting Plan has a mediation clause, call us Best Law and we can go over your current Parenting Plan with you. **If my Parenting Plan requires that I attend Mediation, what do I do?** If you Parenting Plan requires that you attend Mediation, you can file a Mediation Request with the Court. Some Parenting Plans will identify whether parties are required to go through Conciliation Services for mediation or whether they can seek private mediation services. Call Best Law if you need assistance setting up Mediation with the other parent. **If my Parenting Plan DOES NOT require that I attend Mediation OR me and the other parent have already gone to Mediation, can I petition the Court?** If you have either already attended Mediation or your Parenting Plan does not require that you attend Mediation, you must meet two additional requirements before you can file a Petition with the Court. **What if my child is in danger? Or the other parent is not following the current Parenting Time Order?** There are two exceptions to the one-year requirement before being able to petition the court to change a current parenting time order. If it has been less than 6 months and the other parent is not following the current parenting time order; AND/OR There is an emergency situation. Once you meet these requirements, you may file a Petition with the Court to modify the current Parenting Time Order. The Court will make changes to the current Parenting Time Order as it relates to the Best Interest of the Minor Child. The Court looks at A.R.S. 25-403 when determining the factors. **What happens after I file a Petition to Modify?** First, the other party will need to be served with the Petition to Modify. Once served, the other party has 20 days to Respond (or 30 if they reside out of town) to your Petition. Once the other party has responded, the Court will set a Court date. **What happens if the other party does not respond to myPetition to Modify?** If the other party does not respond, call Best Law Firm to assist you with filing a default action. A default action is situation where one party is being non-responsive. The default action will notify the Court. Once a default has been filed with the Court, a hearing is set and the other party has ten (10) days to respond. If the other party does not respond within that time frame or does not appear at the Default Hearing, the Court will grant you the requests that were outlined in your Petition to Modify, so long as it is in the best interests of the minor child(ren). ## Modification of Child Support FAQs **What is a child support modification?** A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in child care, health insurance, day care costs, etc. **How do you modify child support?** Under Arizona law, a parent may go to the court to modify child support. Specifically, a parent should go to the Superior Court of Arizona; the only court able to grant a child support modification. **Do I need to provide both parent’s income for a modification? What if I don’t know the other parent’s income?** Yes, you need both parent’s income. If the parent filing the modification does not know the other parent’s income; they may indicate that the amount stated is an estimation. Thereafter, the parent filing for modification has the right to request a verification of the other parent’s income from their employer. **Is there a waiting period for when can a parent go to the court to ask for a modification?** No, a parent may ask the court for a modification to child support at any time. However, it must be shown there is a change of circumstances before it will be modified or terminated. **Can child support in arrearages be modified or forgiven?** No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven. However, an exception is if the parties agree in writing to the modification. **After I file a modification, when does the new child support take effect?** Usually the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st. **What are some other resources available to me regarding Child Support modification?** You can visit the Superior Court website for your particular county, contact the Clerk of the Court, contact the Arizona Department of Economic Security or visit their website at [www.azdes.gov](http://www.azdes.gov). Title 25 of the Arizona Revised Statutes available online. The Maricopa County website is **I already have a support order, but the payments are barely enough for my child. Is it possible to change the amount of monthly support I receive?** Under federal and state law, you have the right to request a modification of your child support order. The Division of Child Support Enforcement (DCSE) can help you review for a modification of your child support order if you qualify. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a situation that is substantial and continuing, which would change your order by 15 percent or more. The review may result in an increase, decrease, or no change in your child support order. If you believe your case meets these criteria, you may click on the link to the modification packet and complete all of the required forms. Return them to the Division of Child Support Enforcement, P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSE office to pick up a modification packet; or you may contact DCSE at (602) 252-4045 or (800) 882-4151. If your review shows that a modification of your order is appropriate, they will send your case to the Attorney General’s office who will take it to court. **I am a non-custodial parent, but my child lives with me now. Can I change the child support order?** Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order, or you may ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent. **If my child support order is from another state, where should I ask for a review?** There are a number of factors that determine where a review is actually conducted. If you have a case managed by DCSE or another state’s child support agency, you may request a review for a modification of your child support order to the child support agency that you normally contact for assistance. If you do not have a case with DCSE, you will need to consult with the court or a private attorney. **I am receiving Temporary Assistance for Needy Families. Can I still have my child support order reviewed?** Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families. **How do I enforce the current or modified Child Support order if my former spouse stops paying?** You can request an assignment order under A.R.S. § 25-323 and § 12-2454. An Income Withholding for Support is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount directly to the AZ clearinghouse. You may also want to file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one Petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the Petition if you choose to hire one for this Petition. **What if my grandchild is living with me. There is a child support order for the non-custodial parent to pay child support, but the payments are going to my child. How can I receive the child support?** It is possible to help a new caretaker of a child get child support through a process called a Transfer of Support Rights. This is just a transfer of support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days. Both parents under the current child support order will be notified about the change in payments as well. It should be noted that if you are receiving public assistance for yourself and a child included in the child support order, the Division of Child Support Enforcement (DCSE) may retain these payments while you are receiving public assistance. The easiest thing to do is fill out an application with the Department of Economic Security. An application can be found in various ways and are described in the chapter under the section “How Do I Sign-up with the Arizona Clearinghouse?” ## Relocation FAQs **I’m buying a house 10 miles down the road. Does the Arizona Relocation Statute apply to my move?** If both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 60 days’ advance written notice must be provided to the other parent before a parent may relocate the child outside Arizona, or relocate the child more than 100 miles within Arizona. **I have a job offer in another state. I need to notify the other parent. What do I do?** The written notice must be sent by certified mail, return receipt requested. A parent who does not comply with the notification requirements is subject to court sanction. **I sent written notice to the other parent via certified mail. What happens next?** The non-moving parent may request a hearing to prevent relocation of the child, but must do so within 30 days after notice is made. After 30 days, any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. **I just received notice of the other parent’s request to relocate with my children. What can I do?** If the other party plans to relocate with the children, and you oppose the move, you can file a motion to prevent the relocation. You must do so within 30 days of receipt of the written notice. Typically, Courts are more likely to preclude a party from relocating with the children if the move has not occurred yet. Courts tend to be more hesitant to order a party who has already moved to return if the motion to prevent relocation was not filed on time. **The non-moving parent requested a hearing to prevent relocation. What can happen at the hearing?** The moving parent must demonstrate to the Court that the move is in the best interests of the children. The best interest factors are outlined in A.R.S. §25-403 and 408. Courts tend to attribute greater weight to certain factors such as the potential benefits of the move for the relocating children and parent; the reasons for the relocation; whether the move permits for sufficient parenting time for both parents; how the move will affect the child; the child’s relationship with each of the parents; which parent has historically provided primary care for the child(ren). --- ### [Contact Us](https://www.bestlawaz.com/contact-best-law-firm/) **Published:** June 28, 2018 **Author:** Cindy Best --- ### [Scottsdale Family Law Office](https://www.bestlawaz.com/arizona/scottsdale/family-law-divorce-lawyers/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [The Divorce Coach Book](https://www.bestlawaz.com/the-divorce-coach-book/) **Published:** January 26, 2017 **Author:** Cindy Best **Content:** [](https://www.bestlawaz.com/wp-content/uploads/2017/01/Divorce-coach-cover-upright.png)This book will help guide you through your divorce in Arizona throughout Maricopa County including Phoenix, Scottsdale, Glendale, Chandler, Mesa, Peoria, and all cities in the greater Phoenix metropolitan area. You can view sample forms, custody agreements, property settlement worksheets and learn what you need to know about court (an how to avoid it). Save attorney fees, time, and stress by letting this book guide you through the process. Welcome to learning how to do your own divorce in Arizona. This book is for anyone thinking about divorce or going through a divorce. Become empowered; know the law and the rules so you can make the best decisions for yourself and your family. Best Law Firm can help you help yourself. We try to solve problems, not add to them. Call us today for a telephone consultation or call and make an appointment for a legal consultation, document preparation, or mediation. --- ### [The Divorce Coach Book](https://www.bestlawaz.com/the-divorce-coach-book-old/) **Published:** January 26, 2017 **Author:** Cindy Best **Content:** ## Use The Coach Approach And Stay Out Of Court This book will help guide you through your divorce in Arizona throughout Maricopa County including Phoenix, Scottsdale, Glendale, Chandler, Mesa, Peoria, and all cities in the greater Phoenix metropolitan area. You can view sample forms, custody agreements, property settlement worksheets and learn what you need to know about court (an how to avoid it). Save attorney fees, time, and stress by letting this book guide you through the process. ### Your Guide to Arizona Divorce [](https://www.bestlawaz.com/wp-content/uploads/2017/01/Divorce-coach-cover-upright.png)Welcome to learning how to do your own divorce in Arizona. This book is for anyone thinking about divorce or going through a divorce. Become empowered; know the law and the rules so you can make the best decisions for yourself and your family. Best Law Firm can help you help yourself. We try to solve problems, not add to them. Call us today for a telephone consultation or call and make an appointment for a legal consultation, document preparation, or mediation. [](https://www.amazon.com/Divorce-Coach-counsel-educate-Arizona/dp/0615386717) --- ### [Arizona Courts And Other Helpful Websites](https://www.bestlawaz.com/arizona-courts-and-other-helpful-websites/) **Published:** January 25, 2017 **Author:** Cindy Best **Content:** ## Electronic Court Records **Electronic Court Record (ECR) –** ## Arizona Family Law Websites **Maricopa County Superior Court: Law Library –** **Arizona Rules of Family Law Procedure –** ## Family Law Support Services **Maricopa County Family Support Center –** 602-506-3762 – **Maricopa County Superior Court: Guide for Parents Living Apart –** [http://www.azcourts.gov/Portals/31/ParentingTime/](http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf) **State of Arizona Supreme Court: Self-Service Center –** 602-506-7353 – [www.azcourts.gov/SelfService](https://www.azcourts.gov/selfservicecenter) **Planning for Parenting Time: Arizona’s Guide for Parents Living Apart(2009) –** [http://www.azcourts.gov/familylaw/](http://www.azcourts.gov/familylaw/ChildrenFamilyIssues.aspx) **Arizona Department of Economic Security –** **Model Parenting Time Plans for Parent/Child Access (2001) –** [http://www.superiorcourt.maricopa.go](http://www.superiorcourt.maricopa.gov/sscDocs/pdf/drv10h/pdf) **Ariz. Dept. of Econ. Security Child Support Enforcement –** 602-252-4045 – **Maricopa County Superior Court: Counseling Resources –** 602-263-8856 – [www.superiorcourt.maricopa.gov](http://www.superiorcourt.maricopa.gov) **Maricopa County Superior Court: Case Information –** [http://www.superiorcourt.maricopa.gov/docket](http://www.superiorcourt.maricopa.gov/docket/index.asp) **Maricopa County Superior Court: Divorce/Parenting Issues –** [http://www.azcourts.gov/familylaw/](http://www.azcourts.gov/familylaw/DivorceParentingIssues.aspx) **Maricopa County Superior Court: Conciliation Services** [http://www.superiorcourt.maricopa.gov](http://www.superiorcourt.maricopa.gov/SuperiorCourt/FamilyCourt/Services/ConciliationServices/index.asp) ## Maricopa County Superior Courthouses Maricopa Co. Superior Court: **Northeast Regional Court Complex** 602-506-3360 – 18380 N. 40th St., Phoenix 85032 – [http://www.clerkofcourt.maricopa.gov/ne\_court.asp](http://www.clerkofcourt.maricopa.gov/ne_court.asp) Maricopa Co. Superior Court: **Downtown Phoenix Court Complex** 602-506-3204 – 101/201 W. Jefferson, Phoenix 85003-2205 – [http://www.superiorcourt.maricopa.gov](http://www.superiorcourt.maricopa.gov/courtinformation/locations/index.asp) Maricopa County Superior Court: **Northwest Court Complex** 602-506-3360 – 14264 W. Tierra Buena Ln., Surprise 85374 – [http://www.clerkofcourt.maricopa.gov](http://www.clerkofcourt.maricopa.gov/northwest_loc.asp) Maricopa Co. Superior Court:**Southeast Regional Court Complex** 602-506-3360 – 222 E. Javelina Ave., Mesa 85210-6201 – [http://www.clerkofcourt.maricopa.gov/se\_court.asp](http://www.clerkofcourt.maricopa.gov/se_court.asp) Maricopa County Superior Court: **West Courthouse** 111 S. Third Ave., Phoenix 85003-2243 Maricopa County Superior Court: **Old Courthouse** 125 W. Washington, Phoenix 85003 ## Domestic Violence And Family Services **Chrysalis Shelter for Victims of Domestic Violence** 602-955-9059 – **Sojourner Center: Domestic Violence Shelter** 602-244-0089 – **Jewish Family and Children’s Service** 602-279-7655 – **Child Crisis Center** 480-969-2308 – **Native American Community Health Center, Inc.** 602-279-5262 – **Crisis Nursery, Inc.: Child Abuse Shelter** 602-273-7363 – **Organization for Non-Violence Education** 623-934-0696 – **West Valley Child Crisis Center: Foster and Adoption Services** 623-848-8863 – --- ### [Erica Stoffer](https://www.bestlawaz.com/erica-stoffer/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Legal Definitions](https://www.bestlawaz.com/legal-definitions-family-law-arizona/) **Published:** January 25, 2017 **Author:** Cindy Best **Content:** ### Best Law Firm’s Family Law Legal Dictionary - **Access**, **Visitation, Parenting Time**: Words used to describe the schedule of time that a child has with each parent. - **Admissions**: Statements that you agree or Usually, this comes in the form of a formal request from one party to the other. - **Advanced** **Fee**: This was formerly known as a “retainer,” which is money that an attorney usually requires before beginning your case. - **Affidavit**: A sworn statement of fact signed by the author and witnessed by another, usually a notary. - **Affidavit of Financial Information**: This required document must be filed if a party wants child support or spousal maintenance. It is a court form. - **Alternative Dispute Resolution** (ADR): Ways to solve legal problems without a trial. Examples include mediation, resolution management conference or other settlement methods. - **Annulment**: In some states, it was possible to receive an “Annulment.” This was a document that declared that the legal marriage never occurred in the first place. - **Arrearages:** Past child support or spousal maintenance payments which have not been A.R.S. § 25-500: The total unpaid support owed, including child support, past support, spousal maintenance and interest. - **R.S. (Arizona Revised Statutes**): This is a set of laws that governs Arizona, including Family Law. They can be found at:[ http://www.azleg.state.az.us/arizonarevisedstatutes.asp.](http://www.azleg.state.az.us/arizonarevisedstatutes.asp) - **Attachment**: Positive feelings of the child toward parents and other parent figures. - **Best Interest of the Child**: A standard by which a court determines what arrangements would be to a child’s greatest benefit, often used in deciding decision-making and parenting time matters and in deciding whether to approve an adoption or a guardianship. – A.R.S. § 25-403: A legal decision-making determination shall be made in accordance with the best interests of the child. All relevant factors shall be considered, including: (1) The past, present and potential future relationship between the parent and the child, (2) the wishes of the child’s parent or parents as to legal decision-making, (3) if the child is of suitable age and maturity, the wishes of the child as to the custodian, (4) the interaction and interrelationships of the child with the child’s parent or parents, (5) the child’s siblings and any other person who may significantly affect the child’s best interest, (6) the child’s adjustment to home, school and community, (7) the mental and physical health of all individuals involved, (8) which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent, (9) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making, (10) whether a parent has complied with chapter 3, article 5 of this title and (11) whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. - **Bonding**: Close relationship that develops between a young child and a parent or a parent figure. - **Child Custody:** The care, control, and maintenance of a child awarded by a court to a responsible adult. Custody involves legal custody (decision-making authority) and physical custody (care giving authority).– A.R.S. §25-402(2): Joint Legal Custody: ‘joint legal custody’ means the condition under which both parents share legal custody and neither parent’s rights are superior…”– A.R.S. § 25-402(3): Joint Physical Custody: “’joint physical custody’ means the condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with both parents.”– A.R.S. § 25-408(b): Rights of a noncustodial parent: “…both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty days advance written notice shall be provided to the other parent before a parent may (1) relocate the child outside the state (2) relocate the child more than one hundred miles within the state. - **Child Legal Decision-making**: The care, control and maintenance of a child awarded by a court to a responsible Decision-making involves legal decision-making (decision-making authority) and physical decision-making (care giving authority). A.R.S. § 25-402(2). - **Child Support**: Financial support ordered to be paid by one parent to the other parent for support of a The amount is calculated by statutory guidelines, called Child Support Guidelines, which are calculated and reflected in a Child Support Worksheet. A.R.S. § 25-320: In a proceeding for dissolution of marriage, legal separation, maintenance or child support it may be ordered that either or both parents owing a duty of support to a child and pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. - **Co-Parenting**: When parents share the responsibility for raising a child, even when the parents do not live together. - **Community Property**: The body of law in Arizona which creates a presumption that property and debt acquired during a marriage belongs to both parties and require such property and debt to be divided equitably during a A.R.S. §25-211: “All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: (1) acquired by gift, devise or descent (2) acquired after service of a petition for dissolution…” Community Property also includes pensions, benefits, stock plans, accrued vacation, deferred compensation, frequent flier miles, publishing rights, copyrights, patents, or anything else of value acquired during the marriage. - **Conciliation**: An alternative dispute resolution (ADR) process, whereby the parties in a divorce agree to utilize the services of a conciliator, who then meets with the parties in an attempt to resolve their differences and determine if any agreements can be made. - **Conciliation Services:** Services provided by Maricopa These details change frequently, so you should always review their website. They provide parenting conferences, mediation and early resolution conferences. - **Confidentiality**: Private information that cannot be shared with anyone else, except as required by law. - **Consent Decree:** An agreement that ends the Both parties sign and agree to the terms of the decree. - **Contested Divorce**: One in which your spouse is contesting your Petition for Dissolution. By contesting the petition, they will have actually filed a response with the The filing of the response will not prevent a future Consent Decree/Marital Settlement Agreement from being reached. In fact, the most likely scenario is that they will respond and then later work out an agreement between your attorney and theirs. This usually occurs after discovery has been concluded. If a Marital Settlement Agreement is still not reached, it is at this time that a trial will occur. - **Court Appointed Attorneys for Children** (Guardian ad Litem): Only rarely will a court appoint attorneys for children, but they may do so if the judge finds that the parent’s position may be in conflict with the best interests of the Sometimes this will occur if the child is insisting on being with one parent, although a judge may feel that it conflicts with their best interest. This also helps prevent the parties from playing tug-of-war with their child. - **Court Order**: A written order made by a judge that must be followed. - **Covenant Marriage**: Special marriage designated on the marriage It is more difficult to get divorced if you have a covenant marriage. - **Custody:** (See Child Custody) - **Dissolution:** The present day term for a divorce, meaning to dissolve the marriage. - **Decree of Dissolution**: The court order which dissolves a marriage and returns parties to the status of single persons and outlines the terms of the divorce, including custody, child support, spousal maintenance, and division of community assets. When the parties agree to all the terms of a divorce, they can submit a “consent decree” signed by each party to the court for the court’s approval.– A.R.S. § 25-312: A decree of dissolution of marriage shall be entered into if (1) one of the parties, at the time the action was commenced, was domiciled in this state, and that domicile has been maintained for ninety days, (2) the conciliation provisions of § 25-381.09 and the provisions of article 5 either do not apply or have not been met, and (3) the marriage is irretrievably broken. - **Default Judgment**: A default occurs when a spouse is not responding to the Petition for Dissolution within the required amount of time (20 days if your spouse is an Arizona resident; 30 days for an out-of-state resident). Once the time limit has run out and if your spouse has failed to respond, you can then file for a Notice of Default with the This has the effect of asking the court to grant everything that you have asked for in your petition. Once you have filed the Notice of Default, your spouse has 10 days in which to respond. If they do not respond, then your case will be assigned to a judge to enter a Final Judgment in the form of a Decree of Dissolution. At this default hearing, you must be present at court, otherwise the judge cannot sign the decree and give you your copy. - **Depositions**: Court-ordered interviews that are normally conducted with both attorneys present, along with a court reporter. - **Discovery Process**: Discovery is the term used to describe the process by which each party is allowed to examine all possible evidence that may support their In Arizona, both spouses must disclose, in writing, all legal and factual grounds for their alleged defenses and claims. - **Dissolution Decree**: (See Decree of Dissolution.) - **Dissolution of Marriage**: Divorce. - **Dissolution**: The present day term for a divorce, meaning to dissolve the divorce. - **Divorce**: The legal process of dissolving a marriage. - **Domestic Partnership**: A non-marital relationship between two persons of the same or opposite sex who live together as a couple for a significant period of time. - **Domestic Violence**: Domestic violence is legally defined in Arizona in R.S. § 13- 3601(a) as a criminal act of physical, verbal or sexual behavior or threats or intimidation by one partner toward another. Significant domestic violence is a factor considered in determining parenting time decisions under A.R.S. § 25-403.03. - **Early Resolution Conference**: This is a meeting set for *pro per* clients to meet with court personnel, outside a courtroom setting, to try and resolve the divorce issues. - **Emergency Temporary Orders**: Can be requested by either party and normally will be heard by the court within 24 These orders are normally based upon a showing of irreparable harm that may befall the children. Usually, there is a child abuse, drug abuse or mental health issue involved in these cases. Many times these orders are heard *Ex Parte* (i.e. with only one party appearing in front of the judge). At the Emergency Order’s hearing, the judge will base his information upon declarations and sometimes on brief testimony. - **Enforcement**: The process of ordering a party to appear before the court for failing to make child support or spousal maintenance payments and requiring the party to pay arrearages. - **Exchange**: Pick-up and drop-off of a child between parents or other caregivers. - **Exhibits**: Documentary or other evidence that supports your Exhibits can include your Affidavit of Financial Information, bank statements, school records, etc. - **Family Law Rules**: The Arizona Rules of Family Law Procedure (ARFLP) are the procedure rules that guide family law litigation cases. - **Family Law**: The laws that relate to family They include laws about divorce, paternity, decision-making, parenting plans, property and debt division, child support, spousal support (alimony), and other topics. The laws are based on statutes, rules and reported court decisions. - **Filing**: Giving your legal papers to the clerk of the court. - **Frequent and Continuing Contact**: How the law refers to children having regular and ongoing contact with parents. - **Full Decision-making**: This is not a legal term defined by law in In Arizona, the term is not used and it has no meaning. However, often this term is confused with “sole decision-making.” (See Sole Decision-making.) - **Grandparent Visitation**: In certain situation, grandparents and great-grandparents may be entitled to visitation or parenting time with their grandchild under A.R.S. 25-409.– A.R.S. § 25-409: Grandparents may be granted reasonable visitations to the child during the child’s minority on a finding that the visitation rights would be in the best interests of the child.– In loco parentis: \[Latin “in the place of a parent”\] When an individual acts as a guardian or caretaker of a child, taking on all or some of the responsibilities of a parent.– A.R.S. § 25-415: A child custody proceeding may be commenced by a person other than a legal parent. An award of custody shall be denied unless, (1) the non-parent stands in loco parentis to the child, (2) it would be detrimental to the child to remain or be placed in the custody of either the child’s living legal parents who seek custody, (3) an award of custody of the child has not been made within one year, unless there is reason to believe the child’s current environment present dangers to the child’s physical, mental, moral or emotional health, and (4) one of the legal parents is deceased, the child’s legal parents are not married to each other, or there is a pending dissolution of the legal parents. - **Hague Convention**: An international convention dealing with international adoption, child laundering and child trafficking. - **Hearing**: A scheduled appearance in court where parents and attorneys may call witnesses and introduce evidence. - **Hearsay**: An out-of-court statement offered to prove the truth of the matter asserted. Hearsay is allowed in family law matters, unless one party requests strict compliance with the Rules of Evidence. - **Holiday Plan**: A part of the parenting plan that specifies how children will spend holidays with each parent and defines each holiday, so both parents know when the holiday begins and ends. - **Injunction**: Order by the court to refrain from doing something. - **In loco parentis**: \[Latin for “in the place of a parent”\] When an individual acts as a guardian or caretaker of a child, taking on all or some of the responsibilities of a parent. A.R.S. 25-415: A child decision-making proceeding may be commenced by a person other than a legal parent. An award of decision-making shall be denied unless, (1) the non-parent stands *in loco parentis* to the child, (2) it would be detrimental to the child to remain or be placed in the decision-making of either the child’s living legal parents who seek decision-making, (3) an award of decision-making of the child has not been made within one year, unless there is reason to believe the child’s current environment present dangers to the child’s physical, mental, moral or emotional health, and (4) one of the legal parents is deceased, the child’s legal parents are not married to each other, or there is a pending dissolution of the legal parents. - **Interrogatories**: Written questions that each party must answer in writing. - **Irretrievably Broken/Irreconcilable Differences**: These are the only grounds which are recognized for divorce in It is not necessary to find that somebody is at fault for the dissolution. All that is required is that one party wishes to get the divorce. (See No Fault). - **Joint Legal Decision-making**: Both parents share major decision-making for their Neither parent can overrule the other parent, unless specifically allowed by the parenting plan or by court order. See also Legal Decision-making. (See A.R.S. §25-402(2).) “The condition under which both parents share legal decision-making and neither parent’s rights are superior…” A.R.S. §25-402(3). - **Joint Parenting Time**: The child has roughly the same amount of time and contact with both parents. This does not mean the parents have joint legal decision-making. See also Physical Decision-making. (See A.R.S. §25-) - **Legal Decision-making**: The right of a parent to make major decisions for the Major decisions may include medical care, personal appearance, religion, or education. Decision-making may be either joint with both parents or sole with one parent. (See A.R.S. §25-403 and §25-403.01.) - **Legal Separation**: A partial or qualified divorce by which the community ends for purposes of community property, assets and debts are split, and child decision-making, parenting time and support is determined, but the parties remain technically A.R.S. 25-313: A decree of legal separation shall be entered into if: (1) one of the parties, at the time the action was commenced, was domiciled in this state, (2) the conciliation provisions of A.R.S. §25-381.09 and the provisions of Article 5 either do not apply or have not been met (3) the marriage is irretrievably broken or one of both of the parties desire to live separate and apart, and (4) the other party does not object to a decree of legal separation. It can be temporary or for an unlimited period of time. It is a legal decree which is issued when the judge determines that there is an irretrievable breakdown of the marriage, or that one spouse desires to live separate and apart from the other spouse. The benefit of the legal separation is that it still leaves open the possibility of reconciliation, and it protects both spouses from the others future debts. One spouse files an objection to the legal separation, it will then be amended to a Petition for Dissolution of the marriage and the divorce process begins. - **Litigate**: Go to court to resolve issues. - **Maiden Name Restoration**: A wife’s former or maiden name can be changed back upon request in the Petition for Dissolution or by pleading during the divorce. - **Marital Settlement Agreement:** A written document signed by both parties evidencing the agreement of the split of the parties’ assets. - **Maternity**: A legal action that results in a court order naming the child’s mother. - **Mediation**: A meeting with a mediator who helps the parents try to solve problems Mediation may occur face-to-face or separately, if necessary. Mediation is confidential. The mediator does not tell the parents what they should do or make a recommendation to the court. (See Rule of Family Law Procedure 66.B(4)) - **Mediator**: A trained, neutral third party who helps the parents try to solve problems cooperatively through mediation. - **Minute Entry**: These are orders generated by the court. - **Modification of Parenting Plan**: Changes to the parenting If agreed to, the changes can be enforced only if they are submitted to and ordered by the court. If the parties cannot agree, one party can request modification by filing a motion with the court. - **Modification**: Making changes to a prior agreement, court order or decree.– A.R.S. § 25-411: A person shall not make a motion to modify a legal decision-making or parenting time decree earlier than one year after its date, unless there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health. After one year, a person may make a motion to modify a legal decision-making or parenting time decree if (1) there has been a substantial and continuing change of circumstances and (2) the moving party can demonstrate that such a modification is in the child’s best interests. - **No Fault**: In some states, it is required that one party be at fault for the breakup of the In Arizona, it is not necessary to have somebody to blame for the end of the marriage; therefore, Arizona is a “No Fault Divorce” state. - **Non-Modifiable**: This usually refers to a spousal maintenance agreement that cannot be You need to be very careful with this language, because according to Arizona law, spousal maintenance ends when a party dies or the receiving spouse remarries. - **Notice to Attend Parent Information Program Classes and Order**: This is an official court order, and failure to obey may result in contempt of What this means is both you and your spouse must complete these classes within 45 days from the petition being served. Also, these classes must be completed before the judge will finalize your Decree of Dissolution. - **Order of Protection**: (See Protective Order.) - **Parenting Conference**: The parties and children are interviewed by a contract provider hired by the court to interview the family and write a report to the The fee varies and at the time of publishing, cost is $300 per person. Children are no additional cost. These are usually conducted by a psychologist. - **Parenting Plan**: A document that states when the child will be with each parent and how decisions will be The parenting plan may be developed by the parents on their own or with the help of a professional such as a mediator, an attorney or a judge. A plan should allocate custodial responsibility and decision-making authority that serves the child’s best interests and provides a mechanism for resolving any later disputes between parents. A.R.S. § 25-403.02: Before joint decision-making is awarded, the parents shall submit a proposed parenting plan that includes: (1) each parent’s rights and responsibilities for the personal care of the child, such as education, health care and religious training, and (2) a schedule of the physical residence of the child, including holidays and school vacations. - **Parenting Time**: The time a child spends with each This is the present- day term for visitation, during which one parent is awarded set time to have physical control and decision-making of a child. A.R.S. § 25-402: The condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with the major decisions made by a person having legal decision-making. - **Paternity Action**: This is a court proceeding brought forward to determine who is the father of a child. - **Paternity**: The determination of a child’s biological father.– A.R.S. § 25-803: Proceedings to establish the maternity or paternity of a child or children may be commenced by any of the following: (1) mother, (2) father, (3) guardian or conservator of a child born out of wedlock, (4) a public welfare official, or (5) the state pursuant to A.R.S. § 25-509.– A.R.S. § 25-806: Paternity proceedings are commenced by the filing of a verified petition. - **Pendency**: The state of being pending, during the process of or in a state that is undecided. - **Petition**: The filing to start to court action. - **Petitioner**: The person who files the petition for divorce or initiates the legal action. - **Preliminary Injunction Order**: These are the first orders issued by the court during the dissolution It is in effect automatically after service of the petition. This prevents you or your spouse from selling or giving property. It also prevents either you or your spouse from taking your children out of state without the prior written consent of the other spouse. You are prohibited from changing any insurance plans. Lastly, it prevents either you or your spouse from harassing or disturbing the peace of one another. - **Prenuptial/Premarital Agreements**: These are contracts that are entered into prior to the marriage taking These must be in writing and signed by both parties in order to be enforceable. The agreement has to be entered into voluntarily, and it cannot be unconscionable when executed. In addition, both spouses must be fully informed and provided with fair and reasonable disclosure of all the property and financial interests and obligations of the other spouse. In other words, all of your information must be turned over to the other spouse and their lawyer. There is an exception if your future spouse voluntarily waives the disclosure of this information and had adequate previous knowledge of your financial holdings and obligations. - **Primary Residence**: The parent’s home where the child physically resides most of the time. - **Primary Residential Parent:**The parent with whom a child primarily resides when equal parenting time is not awarded to both parents. - ***Pro per***: The Latin term that courts use when referring to a party who is representing This means that the party is not represented by an attorney. - **Property Settlement Agreement**: A property settlement agreement divides the marital, community, and/or partnership property and debt between parties to a dissolution, legal separation, or domestic partnership matter. - **Protective Order**: Refers to four types of orders (Order of Protection, Emergency Order of Protection, Injunction Against Harassment, Injunction Against Workplace Harassment) designed to prevent violence or harassment between Any court in the state can issue these special orders without notice to the defendant. When the orders are set without notice, hearings must be set within 5-10 days at the request of the defendant. (See Rule 1B of the Arizona Rules of Protective Order Procedure). - **Reconciliation Request**: When one party strongly believes that the marriage can be saved, they can petition the court to order marriage This order results in the dissolution proceedings being suspended for up to 120 days while the court determines whether reconciliation is possible and likely. - **Redact**: A form of editing that covers information that you do not want to disclose on documents. - **Relocation** (”Move Away” cases): When one spouse wishes to move out of the area, or out of Arizona, and they wish to take the children with them, then very specific steps need to be The other parent must receive written notice and they have the opportunity to contest it in the court. - **Request for Admissions**: A written list of questions asking for very specific admissions that will save time in the preparation of the case (i.e. “Are you the father of the child?” etc.). - **Request for Production of Documents**: A specific request for certain documents that either side believes will be beneficial to their case. - **Residency/Jurisdiction**: One of the two spouses must live in Arizona for at least 90 days before the filing of a Petition for Residency is required in order for the court to have jurisdiction. Once the petition is filed, there is a 60-day waiting period after service of process on the other spouse before any divorce can become final. In regards to legal separation, there are no residency requirements specified, and that action can be filed at any time after one spouse establishes residency within the state of Arizona. - **Resolution Management Conference:** Courtroom meeting set by the court so the parties can meet the judge and discuss the The judge will want to meet if there are any settlements, stipulations, need for a parenting conference, conciliation, mediation or a trial date. If you do not have an attorney, you will have an Early Resolution Conference instead. - **Resolution Management Statement:** A court-ordered form required to be filled out and filed with the court before the management conference. - **Respondent:** The person who must file an answer to the divorce pleading. - **Rules of Court**: Court procedures are controlled by Family law is controlled by the Arizona Rules of Family Law Procedure (ARFLP). The ARFLP can also be supplemented by local county rules. The ARFLP can be found at the local law library or at: md\_pdf/R-05-0008.pdf. - **Section or :** Specific portion of the law. - **Separate Property:**A property settlement agreement divides the marital, community, and/or partnership property and debt between parties to a dissolution, legal separation, or domestic partnership matter.– A.R.S. § 25-213: “A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent…is the separate property of that spouse.” - **Service of Process/Summons**: Once a Petition for Dissolution is filed with the court, the petitioner must have the summons and other required documents and notices served on the The best way to achieve service of process is to use a private process server. Once your spouse has been served, they must respond to the petition within 20 days, or the court may grant all relief you have requested (i.e. a Default Judgment). - **Sole legal decision-making**: When only one parent has the right to make major legal decisions for the The sole legal custodian may not change the parenting time of the other parent without agreement. (See Legal Decision-making). - **Spousal Maintenance**: Money paid by one married person to another for support after a divorce or legal A.R.S. § 25-500: “‘Support’ means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support. - **Statute**: A law passed by the state legislature (or adopted by initiative). Most code sections relating to family law are in Title 25 of the Arizona Revised Statutes (A.R.S.) and are available at the county law library or on the Internet at:[azleg.state.az.us/ArizonaRevisedStatutes.asp.](http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp) - **Stipulation**: A formal agreement of the When it is written and signed by both parties and then approved by a judge, it becomes a court order. - **Supervised Exchanges**: Pick-up and drop-off of the child in the presence of another specified adult. - **Supervised Parenting Time**: Parenting time during which the parent and child must be in the presence of another specified adult. - **TASC** or **Treatment Assessment Screening Center**: This is an organization devoted to drug and mental health According to their website at[ www.tascaz.org,](http://www.tascaz.org/) TASC has a state-of-the-art drugs of abuse testing laboratory onsite to provide the high-quality drug testing analyses. There are locations all over the Valley. - **Temporary Orders**: Orders that can be entered by the court before the divorce is A motion must be filed and a hearing date is set. Evidence is provided to the court in a mini trial. It normally takes a couple of months to be heard by the court. - **Therapeutic Supervision**: Supervision of parent-child contacts provided by a therapist. - **Third Party Rights:**In certain situation, someone who is not the child’s legal parent, such as a grandparent or great-grandparent, may be entitled to visitation with the child under A.R.S. 25-409. – In loco parentis: \[Latin “in the place of a parent”\] When an individual acts as a guardian or caretaker of a child, taking on all or some of the responsibilities of a parent. – A.R.S. § 25-409: A visitation proceeding may be commenced by a person other than a legal parent. The court may grant visitation rights on a finding that the visitation is in the child’s best interests and that any of the following is true: (1) one of the legal parents is deceased or has been missing at least three months, (2) the child was born out of wedlock and the child’s legal parents are not married to each other at the time the petition is filed, (3) for grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three months, and (4) for in loco parentis visitation, a proceeding for divorce or legal separation of the legal parents is pending at the time the petition is filed. - **Transition**: The adjustment time for parents and the child immediately before, during and after the exchange of the child between the parents or other caregivers. - **Trial**: A formal hearing with witnesses and evidence. (*See* Hearing). - **Uncontested Divorce**: The type of divorce where your spouse does not file a response to the Petition for This can either result in a Default Judgment, or they may have contacted you and simply entered into a Consent Decree/Marital Settlement Agreement, without any official fight or contest taking place in court. - **Wage Assignment**: The process whereby child support or spousal maintenance is automatically taken from your check. Your employer pays this support payment directly to the state for distribution. - **Virtual Parenting**: Parenting time facilitated by electronic means to supplement, but not replace, in-person parenting Examples include telephone calls, web cam, videoconferencing, instant messaging, online chatting, telephone texting, etc. - **Visitation**: This term is no longer Instead, see Access, Parenting Plan or Parenting Time. --- ### [Schedule Your Consultation](https://www.bestlawaz.com/schedule-consultation/) **Published:** June 28, 2018 **Author:** Cindy Best --- ### [Julia Fuller](https://www.bestlawaz.com/julia-fuller/) **Published:** January 20, 2017 **Author:** Cindy Best --- ### [Unmarried Mother's Rights](https://www.bestlawaz.com/unmarried-and-pregnant-mothers-rights/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Emergency Temporary Orders](https://www.bestlawaz.com/emergency-temporary-orders-in-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Thank You - Conversion](https://www.bestlawaz.com/thank-you/) **Published:** June 28, 2018 **Author:** Cindy Best --- ### [Getting Started](https://www.bestlawaz.com/getting-started/) **Published:** February 1, 2017 **Author:** Cindy Best --- ### [Divorce With Children](https://www.bestlawaz.com/divorce-with-minor-children-phoenix-scottsdale-az/) **Published:** December 15, 2016 **Author:** Cindy Best --- ### [Family Law Videos](https://www.bestlawaz.com/arizona-family-law-videos/) **Published:** January 25, 2017 **Author:** Cindy Best **Content:** ### Learn how-to get a divorce in Arizona without lawyers. Cindy Best of Best Law Firm in Scottsdale, AZ leads you step by step how to fill out the necessary forms, file, and complete your divorce or legal separation without going to court or hiring an attorney. Visit our channel at [www.youtube.com/howtodivorce](http://www.youtube.com/howtodivorce) and follow the playlists to learn about divorce in Maricopa County. --- ### [Summary Consent Decree](https://www.bestlawaz.com/summary-consent-decree-in-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Arizona Divorce Mediation](https://www.bestlawaz.com/phoenix-scottsdale-arizona-divorce-mediation/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Infographics](https://www.bestlawaz.com/infographics/) **Published:** January 22, 2019 **Author:** Cindy Best **Content:** [](https://www.bestlawaz.com/wp-content/uploads/2019/01/BLF-Mediator-Infographic.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2018/02/Divorce-Mediation-Infographic-Updated-2-6.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2019/01/BL-Path.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2016/11/bestlaw-infographic.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2019/11/Divorce-Process-Without-Children.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2019/11/Divorce-Process-With-Children.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2017/01/Mod-Child-Support-Process.png) [](https://www.bestlawaz.com/wp-content/uploads/2019/11/Custody.jpg) [](https://www.bestlawaz.com/wp-content/uploads/2021/09/bl-ig-3.png) --- ### [Third Party Rights](https://www.bestlawaz.com/third-party-and-grandparents-rights-in-arizona/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Modifications to Parenting Time in Arizona](https://www.bestlawaz.com/modifications-to-parenting-plans-in-arizona/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Father's Rights in Arizona](https://www.bestlawaz.com/fathers-rights-in-arizona/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Child Support Laws in Arizona](https://www.bestlawaz.com/child-support-laws-in-arizona/) **Published:** January 21, 2017 **Author:** Cindy Best --- ### [Uncontested Divorce](https://www.bestlawaz.com/phoenix-scottsdale-uncontested-divorce/) **Published:** March 22, 2019 **Author:** Cindy Best --- ### [Same-Sex Divorce](https://www.bestlawaz.com/same-sex-divorce-phoenix-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Spousal Maintenance and Support Orders during Divorce in Arizona](https://www.bestlawaz.com/spousal-maintenance-phoenix-scottsdale-arizona/) **Published:** December 17, 2016 **Author:** Cindy Best --- ### [Community Property Division during Divorce in Arizona](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona/) **Published:** December 17, 2016 **Author:** Cindy Best --- ### [Criminal Defense & DUI Attorneys](https://www.bestlawaz.com/criminal-defense-dui-attorneys/) **Published:** December 8, 2021 **Author:** Cindy Best --- ### [Relocation with Minor Children After Divorce](https://www.bestlawaz.com/relocation-of-minor-children-in-arizona-after-divorce/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Legal Separation](https://www.bestlawaz.com/legal-separation-phoenix-scottsdale-arizona/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Spousal Support Calculator AZ](https://www.bestlawaz.com/spousal-support-calculator-az/) **Published:** January 27, 2017 **Author:** Cindy Best **Content:** There is a standard threshold that needs to be met before anyone is entitled to spousal maintenance and you should review ARS 25-3189 and seek the advice of a family law attorney. Many parties are not entitled to any spousal maintenance, even if one partner makes more money than the other. This is basic calculation that does not take into affect assets, bonuses or earning potential of the receiving spouse. Calculator Temporarily Unavailable. Call Stephen at (480) 219-2433 if you need assistance. --- ### [Arizona Family Law Articles](https://www.bestlawaz.com/arizona-family-law-articles/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Free Arizona Family Law E-Books](https://www.bestlawaz.com/free-arizona-family-law-e-books/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Phoenix Family Law Office](https://www.bestlawaz.com/arizona/phoenix/family-law-divorce-lawyers/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Divorce](https://www.bestlawaz.com/phoenix-divorce/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Payment Thank You](https://www.bestlawaz.com/payment-thank-you/) **Published:** February 18, 2017 **Author:** Cindy Best --- ### [Old- Uncontested Divorce](https://www.bestlawaz.com/phoenix-scottsdale-uncontested-divorce-old1/) **Published:** March 22, 2019 **Author:** Cindy Best --- ### [Old- Third Party Rights](https://www.bestlawaz.com/third-party-and-grandparents-rights-in-arizona-old1/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Old- Spousal Maintenance and Support Orders during Divorce in Arizona](https://www.bestlawaz.com/spousal-maintenance-phoenix-scottsdale-arizona-old1/) **Published:** December 17, 2016 **Author:** Cindy Best --- ### [Old- Same-Sex Divorce](https://www.bestlawaz.com/same-sex-divorce-phoenix-scottsdale-arizona-old1/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Old- Relocation with Minor Children After Divorce](https://www.bestlawaz.com/relocation-of-minor-children-in-arizona-after-divorce-old1/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Old- Prenuptial Agreements](https://www.bestlawaz.com/prenuptial-agreements-phoenix-scottsdale-arizona-old1/) **Published:** September 23, 2019 **Author:** Cindy Best --- ### [Old- Mother's Rights](https://www.bestlawaz.com/mothers-rights-in-arizona-old1/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Old- Modifications to Parenting Time in Arizona](https://www.bestlawaz.com/modifications-to-parenting-plans-in-arizona-old1/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Old- Gray Divorce](https://www.bestlawaz.com/gray-divorce-phoenix-scottsdale-arizona-old1/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Old- Father's Rights in Arizona](https://www.bestlawaz.com/fathers-rights-in-arizona-old1/) **Published:** January 18, 2017 **Author:** Cindy Best --- ### [Old- Domestic Violence](https://www.bestlawaz.com/domestic-violence-lawyers-phoenix-scottsdale-arizona-old1/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Old- Divorce With Minor Children](https://www.bestlawaz.com/divorce-with-minor-children-phoenix-scottsdale-az-old1/) **Published:** December 15, 2016 **Author:** Cindy Best --- ### [Old- Divorce](https://www.bestlawaz.com/divorce-phoenix-scottsdale-arizona-old1/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Old- Custody](https://www.bestlawaz.com/child-custody-lawyer-phoenix-scottsdale-arizona-old1/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Old- Community Property Division during Divorce in Arizona](https://www.bestlawaz.com/property-division-lawyers-phoenix-scottsdale-arizona-old1/) **Published:** December 17, 2016 **Author:** Cindy Best --- ### [Old- Child Support Laws in Arizona](https://www.bestlawaz.com/child-support-laws-in-arizona-old1/) **Published:** January 21, 2017 **Author:** Cindy Best --- ### [Old- Child Custody - Parenting Time and Legal Decision-Making](https://www.bestlawaz.com/parenting-time-legal-decision-making-old1/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Old- Best Interests Of A Child](https://www.bestlawaz.com/best-interests-of-a-child-old1/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Old- Arizona Divorce Mediation](https://www.bestlawaz.com/phoenix-scottsdale-arizona-divorce-mediation-old1/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Identifying the Tax Consequences of Divorce](https://www.bestlawaz.com/tax-consequences-of-divorce-in-arizona/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Frequently Asked Questions](https://www.bestlawaz.com/arizona-divorce-family-law-faqs-old/) **Published:** January 27, 2017 **Author:** Cindy Best --- ### [Family Law Legal Fees & Programs](https://www.bestlawaz.com/family-law-legal-fees-programs-2/) **Published:** June 5, 2017 **Author:** Cindy Best --- ### [Family Law](https://www.bestlawaz.com/family-law-scottsdale-phoenix-arizona/) **Published:** January 4, 2017 **Author:** Cindy Best --- ### [Divorce Document Preparation for Divorce -old](https://www.bestlawaz.com/document-preparation-for-family-law-matters-old/) **Published:** January 21, 2017 **Author:** Cindy Best --- ### [Daily PNC Report](https://www.bestlawaz.com/daily-pnc-report/) **Published:** July 15, 2021 **Author:** Cindy Best **Content:** --- ### [Why Mediate?](https://www.bestlawaz.com/mediation-vs-trial-in-maricopa-county/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [2018 Child Support Calculator](https://www.bestlawaz.com/2018-child-support-calculator/) **Published:** September 25, 2018 **Author:** Cindy Best **Content:** Child Support is financial support ordered to be paid by one parent for the support of a child. The amount is calculated by statutory guidelines, called “child support guidelines,” which calculated and reflected in a “child support worksheet.” Who pays child support and how much they pay is outlined in the Arizona Child Support Guidelines. Several variables have to be evaluated before an award of child support is calculated. **Factors that determine Child Support:** - Gross Monthly Income - Monthly Income Disparity - Current Spousal Maintenance received or paid by either parent - Child Support paid by one parent for support of children not common to the other parent - Amount of the medical insurance premium for the children - Child care expenses - Parenting Time Schedule --- ### [Thank You](https://www.bestlawaz.com/thank-you-scheduled/) **Published:** February 18, 2017 **Author:** Cindy Best --- ### [Spousal Maintenance and Support Orders during Divorce in Arizona](https://www.bestlawaz.com/spousal-support-calculator-az-thanks/) **Published:** December 17, 2016 **Author:** Cindy Best **Content:** DISCLAIMER: You cannot rely on this calculation. Many parties are not entitled to any spousal maintenance, even if one partner makes more money than the other. This basic calculation does not take into affect assets, bonuses, trust income or earning potential of the receiving spouse. There are many different factors to consider. There is a standard threshold that needs to be met before anyone is entitled to spousal maintenance and you should review ARS 25-319 and seek the advice of a family law attorney. A party must meet the threshold test: Can you meet your reasonable needs? If the answer is yes, you may not be entitled to any spousal maintenance. The Maricopa County Courts will not allow such a calculation and judges vary widely on this issue. Since determining spousal maintenance (alimony) is not that simple, it is an issue that many parties try to settle instead of going to court. --- ### [Postnuptial Agreements](https://www.bestlawaz.com/postnuptial-agreements-phoenix-scottsdale-arizona/) **Published:** September 23, 2019 **Author:** Cindy Best --- ### [Scottsdale](https://www.bestlawaz.com/arizona/scottsdale/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Phoenix](https://www.bestlawaz.com/arizona/phoenix/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Peoria Family Law Office](https://www.bestlawaz.com/arizona/peoria/peoria-family-law-office/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Peoria](https://www.bestlawaz.com/arizona/peoria/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Gilbert Family Law Office](https://www.bestlawaz.com/arizona/gilbert/family-law-divorce-lawyers/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Gilbert](https://www.bestlawaz.com/arizona/gilbert/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Chandler Family Law Office](https://www.bestlawaz.com/arizona/chandler/family-law-divorce-lawyers/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Chandler](https://www.bestlawaz.com/arizona/chandler/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Our Locations](https://www.bestlawaz.com/arizona/) **Published:** February 21, 2019 **Author:** Cindy Best --- ### [Divorce](https://www.bestlawaz.com/high-net-worth-divorce/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [CORONA VIRUS](https://www.bestlawaz.com/family-law-coronavirus-frequently-asked-questions/) **Published:** March 26, 2020 **Author:** Cindy Best **Content:** Notes from Judge Cohen’s April 23, 2020 Virtual Townhall about COVID -19 and its Impact on Family Court The Hon. Bruce R. Cohen, Presiding Judge, Family Department Maricopa County Superior Court discussed all of the COVID-19 Changes the Family Court. - Judges are doing hearings one day a week. - Access to in-person hearings are limited to those filings OOPs or Emergency TO’s. - It is the view of the judges that Court-ordered Parenting Plans remain in effect. There may be a need to change a Parenting Plan in certain circumstances, such as if a parent contracts COVID-19, but those should be handled by motion. - Verification of documents - You can redact address from Driver’s License - The Driver’s License does become part of the record upon filing because it is attached to the document. - If you don’t have a driver’s license or government-issued ID (passports fall under government-issued ID), you can still do the notary. Remote notaries are available. - Exhibits - Need to be scanned in and emailed to the clerk. - If the judge prefers physical copies, the clerk is printing them out. - Can be dropped in baskets just inside the doors at Northeast and Northwest. Clearly note that it’s not be filed, but it’s going to the judicial officer. - No e-filing for initial Petitions. - File by mail or utilize a depository boxes and use filing in person as a last resort. - Filing counters are open and fully operational. They’re under social distancing protocols. - Filing fees can be paid by check (but not over the phone) or credit card - Judge Cohen: Recommends for situations where a parent is withholding a child filing an emergency motion to enforce with notice. - There will be a bridge line where people (up to 30 at a time) can listen into proceedings. Court proceedings will be via video conferencing. - Dismissal dates are not automatically extended. You’ll need to file to extend the date. - Masks are not required for those individuals who are coming to Court, but they are free to wear them. Judge Cohen said he will be wearing a mask in the Courtroom. **Arizona Supreme Court Statewide Guidelines or Parenting Time (April 1, 2020)** **Arizona Supreme Court’s Covid-19 Page:** **Maricopa County Superior Court Family Department Update (4/2/2020): Important Notes: - (1) In-person hearings are being held only for “essential services,” including OOP Petitions, Contested Hearings on OOPs, Emergency Mot for TOs, Hearings on Emergency Motions for TOs; - (2) All those in-person hearings are downtown ECB/CCB – check in is at ECB only; Satellite courts are CLOSED to the public (e.g., Northeast, Northwest, Southeast). TSCs at these courthouses can continue; - (3) ERCs, ADRs, Parenting Conferences, Child Interviews are all **suspended** until further notice; - (4) Title IV-D Support Hearings are all **suspended** until further notice; - (5) Drug testing continues, but breathalyzers suspended – only urine samples; - (6) Telephonic Status Conferences will be assigned by each individual judge’s division; each division is on a rotating schedule; - (7) Parent Information Program must be completed online only, will not be holding in-person classes right now. Please see this link for the handout and available online classes: ; - (8) According to the Arizona Supreme Court’s order on April 2, 2020, It is in the best interest of children to maintain regular access to each parent, so current parenting plans remain in effect. - (9) When participating in essential activities, no documentation will be required of individuals **Link to AZ Courts Administrative Orders for Judicial Branch:** **Admin Order 2020-59 Regarding Updates to Notaries under Rule 14(a) and Temporary Orders Motions under Rules 47-48, ARFLP (4/3/2020):** **Temporarily, the written verification for the following documents can be signed without notarization if accompanied by a copy of the filer’s driver’s license or other government-issued ID is attached:** - Acceptance of Service - Affidavit for Default - Consent Decree - Stipulation that substantially changes legal decision-making or parenting time Prior to this order, all other documents in family court could be signed without a notary, although certain documents would need to be signed under penalty of perjury (such as a verification for a Petition or Response). Those rules remain in effect. **Association of Family and Conciliation Courts Website:** [**https://www.afccnet.org/Coronavirus**](https://www.afccnet.org/Coronavirus) Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Cstody of Children During the COVID-19 Pandemic: - **News Articles and Other Information Related to Divorce and Child Custody:** - - = - - - - - - - **To donate to the Navajo Nation Medical and 1st Responder Assistance see below:** https://www.gofundme.com/f/navajo-nation-medical-and-1st-responder-assistance --- ### [CORONAVIRUS UPDATES AND RESOURCES](https://www.bestlawaz.com/coronavirus-updates-and-resources/) **Published:** March 26, 2020 **Author:** Cindy Best **Content:** **Association of Family and Conciliation Courts Website:** [**https://www.afccnet.org/Coronavirus**](https://www.afccnet.org/Coronavirus) Seven Guidelines for Parents Who Are Divorced/Separated and Sharing Cstody of Children During the COVID-19 Pandemic: - If you, or someone you know, is not safe at home please read this: - News Articles and Other Information Related to Divorce and Child Custody: - = - - Additional Resources: - - - --- ### [Child Support Calculator AZ](https://www.bestlawaz.com/child-support-calculator-az/) **Published:** January 27, 2017 **Author:** Cindy Best --- ### [CHILD SUPPORT & TEMPORARY ORDERS](https://www.bestlawaz.com/coronavirus-child-support-and-temporary-orders-faqs/) **Published:** March 26, 2020 **Author:** Cindy Best --- ### [Child Custody Ebook](https://www.bestlawaz.com/child-custody-ebook/) **Published:** February 9, 2021 **Author:** Cindy Best **Content:** Your browser does not seem to support iframes. [Click here to read this PDF](https://flowpaper.com/flipbook/?pdf=https://www.bestlawaz.com/wp-content/uploads/2021/01/BL-Custody-2-10-2020-pages-deleted.pdf?wp-hosted=1). [  ](https://flowpaper.com "FlowPaper logotype") [Created using FlowPaper Flipbook Maker ↗](https://flowpaper.com/flipbook-maker/) --- ### [Best Law Firm In The Media](https://www.bestlawaz.com/in-the-media/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Attorney](https://www.bestlawaz.com/attorney/) **Published:** December 1, 2016 **Author:** Cindy Best --- ### [](https://www.bestlawaz.com/7335-2/) **Published:** February 10, 2017 **Author:** Cindy Best **Content:** ### Learn how-to get a divorce in Arizona without lawyers. Cindy Best of Best Law Firm in Scottsdale, AZ leads you step by step how to fill out the necessary forms, file, and complete your divorce or legal separation without going to court or hiring an attorney. Visit our channel at [www.youtube.com/howtodivorce](http://www.youtube.com/howtodivorce) and follow the playlists to learn about divorce in Maricopa County. --- ### [Blog](https://www.bestlawaz.com/blog/) **Published:** December 1, 2016 **Author:** Cindy Best --- ### [Scottsdale Family Law & Divorce Home Page](https://www.bestlawaz.com/radio/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Meet Our Experienced Team](https://www.bestlawaz.com/meet-our-experienced-team/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Divorce With Children Ebook](https://www.bestlawaz.com/divorce-with-children-ebook/) **Published:** February 9, 2021 **Author:** Cindy Best **Content:** Your browser does not seem to support iframes. [Click here to read this PDF](https://flowpaper.com/flipbook/?pdf=https://www.bestlawaz.com/wp-content/uploads/2021/02/Divorce_with_Children.pdf?wp-hosted=1). [  ](https://flowpaper.com "FlowPaper logotype") [Created using FlowPaper Flipbook Maker ↗](https://flowpaper.com/flipbook-maker/) --- ### [Divorce Without Children Ebook](https://www.bestlawaz.com/divorce-without-children-ebook/) **Published:** February 9, 2021 **Author:** Cindy Best **Content:** Your browser does not seem to support iframes. [Click here to read this PDF](https://flowpaper.com/flipbook/?pdf=https://www.bestlawaz.com/wp-content/uploads/2021/02/Divorce_without_Children.pdf?wp-hosted=1). [  ](https://flowpaper.com "FlowPaper logotype") [Created using FlowPaper Flipbook Maker ↗](https://flowpaper.com/flipbook-maker/) --- ### [Online Divorce](https://www.bestlawaz.com/arizona-divorce-document-preparation/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [ARS 25-319. Maintenance Computation Factors](https://www.bestlawaz.com/ars-25-319-maintenance-computation-factors/) **Published:** September 9, 2018 **Author:** Cindy Best **Content:** A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 1\. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs. 2\. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 3\. Has made a significant financial or other contribution to the education, training, vocational skills, career or earning ability of the other spouse. 4\. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. 5\. Has significantly reduced that spouse’s income or career opportunities for the benefit of the other spouse. B. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including: 1\. The standard of living established during the marriage. 2\. The duration of the marriage. 3\. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4\. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance. 5\. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6\. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7\. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse. 8\. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9\. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently. 10\. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11\. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12\. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13\. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim. C. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. D. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded. --- ### [Scottsdale Family Law & Divorce Home Page](https://www.bestlawaz.com/home-test-2/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Scottsdale Family Law & Divorce Home Page](https://www.bestlawaz.com/home-test/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Consultation Payment](https://www.bestlawaz.com/consultation-payment/) **Published:** September 2, 2020 **Author:** Cindy Best **Content:** --- ### [DIVORCE FAQS - CORONAVIRUS](https://www.bestlawaz.com/coronavirus-divorce-faqs/) **Published:** March 26, 2020 **Author:** Cindy Best --- ### [Client Satisfaction Form](https://www.bestlawaz.com/client-satisfaction-form/) **Published:** January 8, 2020 **Author:** Cindy Best **Content:** --- ### [Home](https://www.bestlawaz.com/home/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Frequently Asked Questions](https://www.bestlawaz.com/frequently-asked-questions/) **Published:** October 4, 2018 **Author:** Cindy Best **Content:** [Family Law](https://www.bestlawaz.com/frequently-asked-questions/#fl) | [Why Choose Us](https://www.bestlawaz.com/frequently-asked-questions/#choose) | [Document Preparation](#doc) | [Your Options](#options) | [Divorce](#divorce) | [Legal Separation](#separation) | [Child Custody](#custody) | [Property Division](#property) | [Unmarried Parents](#parents) | [Spousal Maintenance](#spousal) | [Mediation](#mediation) | [Modification of Parenting Time](#time) | [Modification of Child Support](#support) | [Relocation](#relocation) ### Family Law FAQs **Question:** Do I need an attorney for my family law matter? **Answer:** No. Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom, but you are held to the standard of an attorney. But, even if you do this yourself, it is always a good idea to have an attorney review your work and give you some legal advice. **Question:** Can I represent myself in court? **Answer:** Yes, as it is not a requirement that you have an attorney to represent you in court proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **Question:** Where do I go for when I go to court? **Answer:** The Maricopa County Superior Courthouses are listed [here](http://www.superiorcourt.maricopa.gov/). **Question:** Where can I get information about the Maricopa County Superior Court? **Answer:** The court has useful information online at: ### Why Choose Us FAQs **Question:** What areas of law do you practice? **Answer:** We only practice family law. Within the family law realm we offer services for divorce, legal separation, child custody, child support, spousal maintenance, relocation, father’s rights, third-party rights, domestic violence and modifications. **Question:** Do you offer free law consultations? **Answer:** Unfortunately we do not offer free consultations. Information discussed during a consultation is sensitive by nature. Any legal advice we provide must adhere to the Arizona Family Law Rules and Procedures. As such, to protect your privacy and our duty to you, we charge a fee for our time and expertise. **Question:** How much is a consultation? **Answer:** A one-hour consultation with an attorney is $100. During this consultation you will receive legal advice, learn about your options and we will help you create a game plan going forward. If you look at the big picture $100 for a consultation is the best money you can spend. **Question:** Do I need a consultation with an attorney? **Answer:** Individuals often come to us after trying to manage their case on their own or after experiencing a court disaster. Don’t let that happen to you because some mistakes can be very difficult and very expensive to fix. It is easy to fall into the trap of thinking that you can handle your legal issues all on your own. There are plenty of websites that offer do-it-yourself forms and they try to make legal matters seem simple. Unfortunately, family law can be complex and not knowing all of the Arizona Family Law Rules and Procedures can have detrimental consequences. Even if you want to handle your matter on your own, consult with an attorney first and be confident that you understand the process and the law. ### Document Preparation FAQs **Question:** What’s the difference between using Best Law Firm as opposed to a company like Legal Zoom for my document preparation? **Answer:** Doc Prep services like Legal Zoom are not law firms. They cannot give you specific legal advice. When you use our services, you know your documents have been reviewed by a lawyer and if you have any questions during the process you can contact us at anytime. **Question:** How much does document preparation does it cost? **Answer:** It depends on what you need. We offer flat fees for most of the required court documents. **Question:** How long does it take to get my legal documents drafted? **Answer:** Once we receive all the required information and verification pages from you, your documents will be ready for review within 1 week. **Question:** Can I pay to have an attorney review my documents? **Answer:** Yes. Just schedule a consultation with us and bring your documentation with you. We can review all of your documents to ensure that you have included everything you need. We can also take care of Filing and Serving your documents. **Question:** Are there court document filing fees? **Answer:**Yes. All filing fees are payable to the Clerk of the Superior Court when you file your documents. For a complete list of Maricopa County Superior Court visit their website. The most common filing fees are listed below: - Petition for Dissolution (Divorce) – $338. - Response to Petition – $269. - Establish Support – $268. - Answer Establish Support – $199. - Modification to Existing Order – $84. ### Your Options FAQs **Question:** Do I have to hire an attorney? **Answer:** No. All of the required forms are available on the Maricopa County Court’s website. **Question:** Why do I need an attorney? **Answer:** What you don’t know can hurt you. When you represent yourself you are held to the same standard as an attorney. The courts aren’t lenient with the rules. If something is filed incorrectly or deadlines are missed you’ll get no sympathy from the judge, just a quick lesson on the penalties for not meeting the standards of the legal system. **Question:** Do you offer payment plans? **Answer:** We offer pay-as-you go plans. Each month you pay a fixed fee that’s agreed upon at the outset of your matter and we represent you through the duration of your matter or until our representation is no longer needed. **Question:** How much will it cost to get started? **Answer:** $100. The first step is a consultation. At the initial consultation we will learn the facts of your case and figure out your ideal outcome. From there we can decide on a plan of action that meets your needs. ### Divorce FAQs **Question:** How long does it take to get divorced? **Answer:** According to Arizona Revised Statute, section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to Court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take up to a year. **Question:** How much does it cost to file for divorce in Maricopa County? **Answer:** The Petitioner (initiator of the divorce) must pay Maricopa County $338.00 as of March, 2010 and the Respondent pays $269.00 for filing an answer. **Question:** Who actually divorces me? **Answer:** The divorce decree will be from the Judge or Commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court. **Question:** Where do I go to file for divorce? **Answer:** There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast (see resource guide for other county courthouses). Maricopa County location include: **Question:** Can my spouse and I file for divorce together? **Answer:** No, Arizona does not have a provision for any type of joint filing. **Question:** Am I considered the “bad guy” if I file for divorce first? **Answer:** Someone has to be the Petitioner and someone has to be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner). **Question:** What if my spouse filed for divorce but I don’t want to? **Answer:** You cannot stop your spouse from divorcing you but you can file a request with the court to order a one hour conciliation meeting to try and reconcile. These rules change, depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place. **Question:** Do I need an attorney to get divorced? **Answer:** Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom but you are held to the standard of an attorney. **Question:** Does it matter if my spouse was having an affair? **Answer:** No, Arizona is a “no-fault state,” which means that the court does not require that one spouse prove blame or responsibility in order to end the marriage. However, in Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements). **Question:** What is a Covenant Marriage? **Answer:** You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. **Question:** Can I represent myself in court? **Answer:** Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **Question:** What if I change my mind after starting to get divorced? **Answer:** If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties. **Question:** What is a divorce decree? **Answer:** Arizona Revised Statutes §25-312 and §35-325 provide that A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. The Decree is the final order of the court legally ending the marriage. Spouses are not “divorced” until the court grants the divorce and the Decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court. A certified or duplicate copy of the Decree can be obtained from the Clerk of Superior Court for a small fee. **Question:** Where do I get divorced? **Answer:** In Arizona, only the Superior Court can grant a divorce. To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has a facility in each Arizona County, a court case to end a marriage must be started in the county where the person requesting the divorce lives. **Question:** Who can start a divorce case? **Answer:** In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship. **Question:** What if I don’t have money to pay the filing or fee? **Answer:** You may request that the Court waive or postpone payment of the filing or response fees. Forms must be completed and signed by you and submitted to the Court. The forms are free of charge and are available in the office of the Clerk of Superior Court. **Question:** When is my dissolution of marriage final? **Answer:** A dissolution of marriage is final after the judge or commissioner takes testimony, signs the Decree and files it with the Clerk of the Court. **Question:** Will there be a jury if my divorce goes to trial? **Answer:** No, if your case is litigated, you will not have a jury. One judge will make all the decisions that the parties cannot agree on. **Question:** When can we start divorce mediation? **Answer:** You can start divorce mediation at anytime, even before you file. **Question:** I can’t afford health insurance. If I file for divorce, can my husband stop paying for it while we are in the divorce proceedings? **Answer:** No. After one spouse is served with the dissolution or legal separation documents, no insurance of any kind can be canceled or modified to the detriment of the other spouse. ### Legal Separation FAQs **Question:** What is the difference between legal separation and divorce in Arizona? **Answer:** An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences. In both cases, the court will issue final orders dividing the spouses’ debts and assets, enter decision-making and parenting time orders regarding the parties’ children and enter child support and spousal maintenance orders. Additionally, the community property rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry. **Question:** What are the benefits of legal separation instead of divorce in Arizona? **Answer:** Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, some of those reasons may be: religion, health insurance and debts, such as gambling. Also, circumstances may exist in which a spouse has a significant physical ailment that would not be covered by his or her health insurance plan or by some other plan if the parties were divorced. In some circumstances, a legal separation may provide a more suitable alternative to a divorce. **Question:** How do I get a legal separation in Arizona? **Answer:** A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court. The petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case, or the issues are presented to the court at a trial, after which, the judge issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce. **Question:** Can I stop an Arizona legal separation proceeding? **Answer:** You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition, but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the court enters a final Decree of Legal Separation. **Question:** Can I change an Arizona legal separation to a divorce? **Answer:** You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. **Question:** What does the court do if one spouse wants a legal separation and the other spouse wants a divorce? **Answer:** The court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The court must allow the divorce to proceed if either spouse requests a divorce. **Question:** How do I start a legal separation? **Answer:** To start a legal separation, one party needs to file a petition for legal separation. There are two different petitions; one for families with children and one for families without children. The petition must be served on the other party, just as in dissolution. **Question:** Who gets to live in the home and how are bills paid during the legal separation process? **Answer:** These issues can be addressed by agreement between the parties, but if you do not have agreements, the court can grant temporary orders to address specifically those and other issues. These temporary orders will govern until the case is finished. This is the same process in a dissolution. **Question:** What happens if I get served with separation papers? **Answer:** Many people simply ignore the papers they receive, or simply take the word of the other spouse that they do not have to do anything. Ignoring the paperwork and failing to file a response can lead to disaster. Despite how much you may want to cooperate with your spouse, or be unable to react due to the emotional stress, you cannot ignore the paperwork. A divorce or separation is like any other civil lawsuit. If you do not respond, you will be in default and can lose many rights that could have protected you. **Question:** Does it matter who files for divorce first? **Answer:** In Maricopa County, the party who files first will have his or her case set in the courthouse nearest their address. There are four courthouses in the Valley and you may prefer being in one location rather than another. **Question:** Do all separations have to go to trial? **Answer:** No, in fact the majority of separations in Arizona eventually settle without the need to go to a final trial. But, if you are unhappy with the settlement proposals being made by your spouse or they are refusing to accept your proposals, then you may need to mediate, obtain counsel, or go to trial. **Question:** How are property and debts divided in a legal separation? **Answer:** Arizona is a community property state. This means that any property that was obtained, income acquired or debt incurred during the marriage will most likely be divided evenly. Property that was gifted to or inherited by one spouse or was owned by a spouse prior to the marriage is considered separate property and may be protected from the claims of the other spouse. ### Child Custody FAQs **Question:** Do the courts favor mothers? **Answer:** There is no such preference. There are many factors that the court considers but courts do not favor mothers over fathers. **Question:** How does the court decide legal decision-making?(A.R.S. §25-403) **Answer:** The court looks at the following factors: - The past, present and potential future relationship between the parent and the child. - The wishes of the child’s parent or parents as to legal decision-making. - If the child is of suitable age and maturity, the wishes of the child as to the custodian. - The interaction and interrelationships of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. - The child’s adjustment to home, school and community. - The mental and physical health of all individuals involved. - Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. - The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making. - Whether a parent has complied with chapter 3, article 5 of this title. - Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. **Question:** I’am not divorced yet and my wife took the kids out of state. Can she do this? **Answer:** Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court. **Question:** Can I stop my ex from dating when they have our kids? **Answer:** No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests but keep your children safe. You might want to know the person’s birth date and social security number so you can run a background check on him/her. You have a right to know your children are safe. **Question:** How much child support do I have to pay? **Answer:** It all depends; this is discussed in the child support section of our website. **Question:** Can she schedule soccer when they are with me? **Answer:** The short answer is no. It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not “your time;” it is your child’s childhood. **Question:** My wife has the kids every other weekend but she works and leaves them with her mother. What can I do? **Answer:** You could have an agreement called a “right of first refusal.” This is a common provision which reads that if one parent who has the kids is gone for more than 4 hours, s/he will call the other parent and offer them the “right” to parent the kids before anyone else. If the other parent is busy, then Parent #1 can leave the kids with a responsible person of their choice. In the past this has created a great deal of litigation and is not a favored provision by most judges. **Question:** My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend? **Answer:** The right of first refusal would apply. Also, you have every right to know exactly who is taking care of your children when your ex is not home; this includes name, address, phone number, ID information so you can do a background check if you desire. This is not to say that you use such requests as harassment; in fact you have a similar obligation to your ex to let her know who you are leaving the kids with, if anyone. You both have the continuing job to make sure your children are safe. **Question:** My ex smokes pot almost daily. Should they have parenting time with the children? **Answer:** Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: www.tascaz.org. You might want to consult with an attorney as this issue can become complicated. **Question:** My ex has physically abused me. Can he still be awarded legal decision-making and parenting time with the kids? **Answer:** Significant domestic violence is contrary to joint legal decision-making. Please consult with an experienced family law attorney. **Question:** My teenager doesn’t like their father. Should I make them go visit him? **Answer:** Do you know why she does not like to visit him? If he is safe and his house is safe, you should do everything you can to encourage the relationship. She may be taking on your negativity or he may just not be a very attentive parent. Help him be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent. **Question:** My ex mother-in-law is coming for vacation. She wants to see our kids for a concert on my Saturday. I am afraid if I give in, I will always be giving in. Should I let my kids see her? **Answer:** You should very seriously consider it. Do your kids want to go? Remember, while this is “your” time, it is also their childhood. Try to negotiate and get make up time or be gracious and let it go, knowing that your former ex will return the favor when your parents come to town. Keep your kids first. **Question:** Can my ex get my children passports without my approval? **Answer:** This can get sticky, since there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Generally the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your ex has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern. **Question:** Can I ask the Court to make my ex take our children to church? **Answer:** The court will not mandate where each parent takes the children to church on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court will enforce it. **Question:** My son wants to go to his band banquet on Friday night, but it is my parenting time and I do not want him to go. Should I let my son go? **Answer:** Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet then take a step back and think about your son’s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is “your” time. You should seriously consider whose needs you are thinking about. We have heard on more than one occasion that it is “not in the child’s best interest” to be involved in school activities during one parent’s time, but that is simply not the case. It is important as a parent that you stay involved in your children’s lives. Your life should revolve around their activities, not the other way around. **Question:** How does parenting time affect child support? **Answer:** The parenting time arrangement is one factor considered in the worksheet. **Question:** We have not been to court yet and there are no orders. Who gets the kids right now? **Answer:** It is basically a free-for-all, unless you all can decide. Just remember, what you do now can be reported to the court later. If you unreasonably keep the children away from one parent, out of vindictiveness, that will be contrary to you obtaining legal decision-making. **Question:** Can I get temporary legal decision-making and parenting time? **Answer:** You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a written temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule. **Question:** We have a parenting schedule that we both agree with. Can we put it in writing? **Answer:** Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69 that will be valid in court. You can attach it to your joint parenting agreement or re-write into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce just so you have some certainty. **Question:** My partner never really helped with the kids but now he wants 50/50 time with them. Is he likely to get 50/50 parenting time? **Answer:** Who has provided primary care in the past is no longer considered in determining what arrangement is in the children’s best interests. Perhaps they never had the chance to co-parent in the past. But if they is doing a good job, the kids are happy and they are now a good, involved parent, congratulations to your family! People often shift their work focus after a divorce so they can stay involved in their children’s lives and that is a good thing. **Question:** My husband is doing whatever I do. If I take the children for ice cream on my weekend, he does it on his next visit. When I started reading them books at night, he started doing it on his parenting time. I bet he is just doing it to look good. What gives? **Answer:** Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids. **Question:** Will the court tell me when I can see my kids? **Answer:** Only if you and your ex cannot agree. You really do not want to turn this life-changing decision over to a stranger who will only get to know your family in a few hours or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue and you must have the help of the court to protect your children. **Question:** Do my kids have to go to court? **Answer:** No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the Court’s Conciliation Services may choose to interview your children as part of a Parenting Conference. Children over the age of six or seven can usually be interviewed. **Question:** I think my ex’s behavior reflects instability and potential likelihood for harm to my children if my ex does not undergo proper treatment. Is there anything that I can ask the Court for? **Answer:** You could ask for a Rule 63 psychological or psychiatric examination or a custody evaluation. **Question:** What is a parenting conference? **Answer:** It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party. ### Property Division FAQs **Question:** How will our property be divided? (A.R.S. §28-211 & 25-318) **Answer:** You and your spouse may decide this for yourselves, but is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50% of the assets acquired during marriage. Also, the courts generally seek to divide debt equitably in a divorce case. This does not automatically mean that each spouse will have 50% of the debt assigned to them. The court will take into consideration the spouse’s income, ability to pay debts and issues of waste of community property assets. **Question:** Is everything we own considered community property? **Answer:** According to Arizona Revised Statute, section 25-211, generally anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (by a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. **Question:** What property is not divided during a divorce? **Answer:** Per Arizona Revised Statute §25-213 “Separate Property” cannot be divided by the Court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to the community-for example, by re-titling the property as community property. **Question:** What happens to our debts during a divorce? **Answer:** Arizona Revised Statute §25-318 provides that Debt incurred during the marriage is presumed to be community debt. Generally the Court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The Court may also order the parties to submit a debt distribution plan. Within thirty days after receipt of a written request for information from a litigant which includes the Court name and cause number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. **Question:** What if my spouse doesn’t pay the community debts as ordered in the final decree? Can our creditors force me to pay? **Answer:** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **Question:** What happens to our business during a divorce? **Answer:** During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual’s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter. **Question:** What if neither of us can afford the house? **Answer:** This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says. **Question:** Decide who pays for repairs during the dissolution, who should sell and how long they have to sell? If one party agrees to buy out the other party, when do you appraise the house? What if one party made the down payment with money earned prior to marriage, but after marriage put the house deed in both names as joint tenants? **Answer:** The house is community property and the spouse who made a down payment may have “gifted” the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity. **Question:** What if I paid the down payment, my spouse has lived here during our entire marriage but her name is not on the deed? **Answer:** The house most likely remains your sole and separate property but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney. **Question:** My spouse and I purchased the house together but I made her sign a disclaimer deed two years later when I refinanced the house. Who owns the house? **Answer:** While disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about that she was doing. And again, there is the equitable lien issue as outlined above. **Question:** My husband will not get out of the house and I just filed for divorce. **Answer:** You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the Judge and will likely take a month or more to get a hearing; usually this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order. **Question:** Who pays for repairs while our house is for sale? **Answer:** You can agree that the party living in it pays for everything under a certain amount such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses. **Question:** My spouse made the down payment but after our marriage put the house deed in both names as joint tenants. Is the house community or separate property? **Answer:** The house is community property and the spouse who made the down payment most likely “gifted” the property to the other spouse. **Question:** Who gets the kids’ furniture after the divorce? **Answer:** This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared custody arrangement. **Question:** What is considered my sole and separate personal property? **Answer:** Usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing, and whatever you owned prior to marriage. Also, anything you owned prior to marriage and anything you inherited is your sole and separate property. **Question:** Who gets our digital camera after our divorce? **Answer:** If you both use it and bought it with community funds, it needs to be divided along with other property. **Question:** Who gets the vehicles if both vehicles have debt and no equity? **Answer:** Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off. **Question:** I inherited money when my mom died six years ago and put my husband’s name on the account. Is this money community or my sole and separate money? **Answer:** This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let’s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you. **Question:** What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay? **Answer:** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **Question:** I am getting ready to file for divorce. Can I take all the money out of our joint savings account? **Answer:** No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money and this should not cause any problems in case you have to explain this to a judge. **Question:** I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce? **Answer:** No, a personal injury settlement for pain and suffering is your sole and separate property. **Question:** I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it? **Answer:** If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it. **Question:** I had stocks before marriage, but bought more stock after marriage. Who gets the stocks? **Answer:** The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property. ### Unmarried Parents FAQs **Question:** How do attorneys help unmarried parents? **Answer:** It is important to have attorneys explain to you what the consequences will be of any legal action. Even if a legal action is simple, it can have important consequences down the road. The attorneys at Best Law Firm will be able to explain this to you and help you fill out any documents and submit them to the court thus simplifying the process for you. **Question:** My girlfriend just had our baby, what are my rights? **Answer:** You have no parental rights until paternity is established. That does not mean, however, that the Father should be denied time with the child. A later determination about disputed custody will include the court reviewing how each parent treated the other parent with regard to access to the baby or child. If a parent denies the other parent time with the child for no good reason, it will be reviewed at a later date regarding custody. Good reason could include domestic violence, drug abuse, mental illness, criminal behavior or child abuse. **Question:** My name is on the birth certificate signed by the hospital staff; doesn’t that prove I am the father? **Answer:** If it is uncontested, yes it does. **Question:** If I get paternity does that mean I can be required to pay child support? **Answer:** Yes, it will. Every parent must pay for their children, whether they live at the house or whether you must pay the other parent who cares for them. **Question:** Does it matter how old my child is to establish paternity? **Answer:** Not as long as he/she is a minor. Arizona law allows parents to establish paternity anytime during pregnancy up until the child turns 18. **Question:** Is it free to submit paternity paperwork? **Answer:** No. The state does charge a fee depending on what paperwork is required to prove paternity. **Question:** Can we establish paternity without the court? **Answer:** Yes, you may be able to draft a legally binding agreement, signed by both parties, without filing it with the court. It is not however, a court order unless a Judge signs off on your agreement. **Question:** Can I establish paternity without an attorney? **Answer:** Yes, you can find the necessary paperwork on the Maricopa County website. ### Spousal Maintenance FAQs **Question:** How is spousal maintenance paid? **Answer:** It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the Clearinghouse, administered by the State of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the Clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the State. **Question:** When does spousal maintenance end? (A.R.S. §25-327) **Answer:** Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it. **Question:** Can spousal maintenance be changed? **Answer:** Yes, under certain circumstances and depending upon how your decree or property settlement agreement was drafted. **Question:** What if my spouse quits working in order to stop having to pay spousal maintenance? **Answer:** A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The Court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings if there was some kind of mischief. **Question:** What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. §25-513) **Answer:** You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or request for expedited hearing requiring your spouse to provide you with the relevant information and to keep you apprised of his or her current employer’s address. You should consult with an attorney. **Question:** Is spousal maintenance considered part of my salary for child support? **Answer:** Yes. **Question:** Can either a husband or a wife receive spousal maintenance? **Answer:** Yes. **Question:** Can I waive my spousal maintenance? **Answer:** Yes. **Question:** Does it matter how many children we have? **Answer:** No. **Question:** Am I entitled to live the same as I did when we were married? **Answer:** No. The style to which you have been accustomed is not the standard. **Question:** What if my husband had a really good job and now is unemployed? **Answer:** Depends, if he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment. **Question:** What if my husband quit his job on purpose to avoid paying spousal maintenance? **Answer:** If you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off. **Question:** Is spousal maintenance taxable? **Answer:** Check with your accountant but in general, spousal maintenance is taxable to receiver and tax deductible to the payor. ### Mediation FAQs **Question:** How long does the average divorce litigation take? **Answer:** In the Phoenix area, the average divorce proceedings take 6-12 months. **Question:** What is mediation? **Answer:** Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms with the assistant of an impartial mediator. **Question:** How much does mediation cost? **Answer:** On average, mediation can cost approximately less than 70-80% of total litigation costs. At Best Mediation Services, parties can pay by the hour in a step-by-step process. **Question:** Does mediation cost less than two attorneys? **Answer:** Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. **Question:** How will mediation fees be divided? **Answer:** The parties can decide how to divide the cost of the mediation. **Question:** What paperwork must be filed with the court to complete the mediation process? **Answer:** No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the State of Arizona Support Payment Clearinghouse. **Question:** Where does mediation paperwork get filed? **Answer:** Best Mediation Service also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court. **Question:** Can I be divorced after mediation? **Answer:** You will be divorced after the required documents are filed with the court and a judge signs the consent decree. **Question:** Can a mediator also be your attorney? **Answer:** No, a mediator cannot act as both your mediator and your individual attorney because that would be a conflict of interest. If you would like Ms. Best to represent you individually to handle your case, you may visit our website at www.bestlawaz.com. Once an attorney becomes your mediator, he or she cannot represent either party. **Question:** What legal effects does mediation present? **Answer:** Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process. Binding: Mediation is binding only if an agreement is reached by both parties, it is in writing, and it is signed. **Question:** Can I still have an attorney with mediation? **Answer:** Yes, retaining individual counsel is an option; however it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation. **Question:** If I’ve already filed for divorce, can we still mediate? **Answer:** Yes, mediation is an option for parties’ even if they have already filed for divorce. Often times, parties may decide litigation is not cost-effective or that with the help of a third party they can resolve their issues without the long, expensive litigation process. **Question:** Is divorce mediation successful? **Answer:** Mediation is successful when both parties are active, willing, and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to the other party. **Question:** Who prepares the divorce mediation agreement documents? **Answer:** Best Mediation Services provides document preparation services, including Rule 69 Agreements (Memorandum of Understanding) that memorialize the parties’ agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans, and property settlement agreements to finalize your case. **Question:** What if we don’t come to an agreement? **Answer:** If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules. **Question:** Are there areas of family law that cannot be mediated? **Answer:** Substance abuse and domestic violence are issues that are not generally suitable for mediation. **Question:** What personal documents should I bring to mediation? **Answer:** All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49. **Question:** What is special about Best Law Firm? **Answer:** We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves. **Question:** Who can I call for help? **Answer:** Best Law Firm (480) 219-2433. **Question:** When can we start mediation? **Answer:** You can start this at anytime, even before you file. ### Modification of Parenting Time FAQs **Question:** Do I meet the necessary requirements to ask the Court for help in changing my current Parenting Time Order? **Answer:** Before you can seek help from the Court and file a Petition to Modify, you must determine whether you current Parenting Time Order has a “Mediation Clause.” This clause requires parties to go through mediation services to resolve their issues before they can seek help from the Court. This “Mediation Clause” can be found in your Parenting Plan. If you are wondering whether your Parenting Plan has a mediation clause, call us Best Law and we can go over your current Parenting Plan with you. **Question:** If my Parenting Plan requires that I attend Mediation, what do I do? **Answer:** If you Parenting Plan requires that you attend Mediation, you can file a Mediation Request with the Court. Some Parenting Plans will identify whether parties are required to go through Conciliation Services for mediation or whether they can seek private mediation services. Call Best Law if you need assistance setting up Mediation with the other parent. **Question:** If my Parenting Plan DOES NOT require that I attend Mediation OR me and the other parent have already gone to Mediation, can I petition the Court? **Answer:** If you have either already attended Mediation or your Parenting Plan does not require that you attend Mediation, you must meet two additional requirements before you can file a Petition with the Court. **Question:** It must be at least one year (or longer) since the current Parenting Order was entered into (see exceptions below); and **Answer:** You must prove to the Court there has been a material change in circumstances directly affecting the welfare of the child. (This is where you tell the Court why you are asking for a change to the current parenting time order. What has changed since the last order was entered until now?) **Question:** What if my child is in danger? Or the other parent is not following the current Parenting Time Order? **Answer:** There are two exceptions to the one-year requirement before being able to petition the court to change a current parenting time order. - If it has been less than 6 months and the other parent is not following the current parenting time order; AND/OR There is an emergency situation. - Once you meet these requirements, you may file a Petition with the Court to modify the current Parenting Time Order. The Court will make changes to the current Parenting Time Order as it relates to the Best Interest of the Minor Child. The Court looks at A.R.S. 25-403 when determining the factors. **Question:** What happens after I file a Petition to Modify? **Answer:** First, the other party will need to be served with the Petition to Modify. Once served, the other party has 20 days to Respond (or 30 if they reside out of town) to your Petition. Once the other party has responded, the Court will set a Court date. **Question:** What happens if the other party does not respond? **Answer:** If the other party does not respond, call Best Law Firm to assist you with filing a default action. A default action is situation where one party is being non-responsive. The default action will notify the Court. Once a default has been filed with the Court, a hearing is set and the other party has ten (10) days to respond. If the other party does not respond within that time frame or does not appear at the Default Hearing, the Court will grant you the requests that were outlined in your Petition to Modify, so long as it is in the best interests of the minor child(ren). ### Modifications of Child Support FAQs **Question:** What is child support modification? **Answer:** A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in child care, health insurance, day care costs, etc. **Question:** If a person wants to modify child support, how do they proceed? **Answer:** Under Arizona law, a parent may go to the court to modify child support. Specifically, a parent should go to the Superior Court of Arizona; the only court able to grant a child support modification. **Question:** Do I need to provide both parent’s income for a modification? What if I don’t know the other parent’s income? **Answer:** Yes, you need both parent’s income. If the parent filing the modification does not know the other parent’s income; they may indicate that the amount stated is an estimation. Thereafter, the parent filing for modification has the right to request a verification of the other parent’s income from their employer. **Question:** Is there a waiting period for when can a parent go to the court to ask for a modification? **Answer:** No, a parent may ask the court for a modification to child support at any time. However, it must be shown there is a change of circumstances before it will be modified or terminated. **Question:** Can child support in arrearages be modified or forgiven? **Answer:** No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven. However, an exception is if the parties agree in writing to the modification. **Question:** After I file a modification, when does the new child support take effect? **Answer:** Usually the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st. **Question:** What are some other resources available to me regarding Child Support modification? **Answer:** You can visit the Superior Court website for your particular county, contact the Clerk of the Court, contact the Arizona Department of Economic Security or visit their website at [www.azdes.gov](http://www.azdes.gov). Title 25 of the Arizona Revised Statutes available online. The Maricopa County website is . **Question:** I already have a support order, but the payments are barely enough for my child. Is it possible to change the amount of monthly support I receive? **Answer:** Under federal and state law, you have the right to request a modification of your child support order. The Division of Child Support Enforcement (DCSE) can help you review for a modification of your child support order if you qualify. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a situation that is substantial and continuing, which would change your order by 15 percent or more. The review may result in an increase, decrease, or no change in your child support order. If you believe your case meets these criteria, you may click on the link to the modification packet and complete all of the required forms. Return them to the Division of Child Support Enforcement, P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSE office to pick up a modification packet; or you may contact DCSE at (602) 252-4045 or (800) 882-4151. If your review shows that a modification of your order is appropriate, they will send your case to the Attorney General’s office who will take it to court. **Question:** I am a non-custodial parent, but my child lives with me now. Can I change the child support order? **Answer:** Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order, or you may ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent. **Question:** If my child support order is from another state, where should I ask for a review? **Answer:** There are a number of factors that determine where a review is actually conducted. If you have a case managed by DCSE or another state’s child support agency, you may request a review for a modification of your child support order to the child support agency that you normally contact for assistance. If you do not have a case with DCSE, you will need to consult with the court or a private attorney. **Question:** I am receiving Temporary Assistance for Needy Families. Can I still have my child support order reviewed? **Answer:** Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families. **Question:** How do I enforce the current or modified Child Support order if my former spouse stops paying? **Answer:** You can request an assignment order under A.R.S. § 25-323 and § 12-2454. An Income Withholding for Support is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount directly to the AZ clearinghouse. You may also want to file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one Petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the Petition if you choose to hire one for this Petition. **Question:** What if my grandchild is living with me. There is a child support order for the non-custodial parent to pay child support, but the payments are going to my child. How can I receive the child support? **Answer:** It is possible to help a new caretaker of a child get child support through a process called a Transfer of Support Rights. This is just a transfer of support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days. Both parents under the current child support order will be notified about the change in payments as well. It should be noted that if you are receiving public assistance for yourself and a child included in the child support order, the Division of Child Support Enforcement (DCSE) may retain these payments while you are receiving public assistance. The easiest thing to do is fill out an application with the Department of Economic Security. An application can be found in various ways and are described in the chapter under the section “How Do I Sign-up with the Arizona Clearinghouse?” ### Relocation FAQs **Question:** I’m buying a house 10 miles down the road. Does the Arizona Relocation Statute apply to my move? **Answer:** If both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 60 days’ advance written notice must be provided to the other parent before a parent may relocate the child outside Arizona, or relocate the child more than 100 miles within Arizona. **Question:** I have a job offer in another state. I need to notify the other parent. What do I do? **Answer:** The written notice must be sent by certified mail, return receipt requested. A parent who does not comply with the notification requirements is subject to court sanction. **Question:** I sent written notice to the other parent via certified mail. What happens next? **Answer:** The non-moving parent may request a hearing to prevent relocation of the child, but must do so within 30 days after notice is made. After 30 days, any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. **Question:** I just received notice of the other parent’s request to relocate with my children. What can I do? **Answer:** If the other party plans to relocate with the children, and you oppose the move, you can file a motion to prevent the relocation. You must do so within 30 days of receipt of the written notice. Typically, Courts are more likely to preclude a party from relocating with the children if the move has not occurred yet. Courts tend to be more hesitant to order a party who has already moved to return if the motion to prevent relocation was not filed on time. **Question:** The non-moving parent requested a hearing to prevent relocation. What can happen at the hearing? **Answer:** The moving parent must demonstrate to the Court that the move is in the best interests of the children. The best interest factors are outlined in A.R.S. §25-403 and 408. Courts tend to attribute greater weight to certain factors such as the potential benefits of the move for the relocating children and parent; the reasons for the relocation; whether the move permits for sufficient parenting time for both parents; how the move will affect the child; the child’s relationship with each of the parents; which parent has historically provided primary care for the child(ren). --- ### [Pay It Forward](https://www.bestlawaz.com/pay-it-forward/) **Published:** January 26, 2017 **Author:** Cindy Best --- ### [Thank you](https://www.bestlawaz.com/thank-you-test/) **Published:** November 29, 2016 **Author:** Cindy Best **Content:** Thanks for contacting us – we’ll be in touch shortly. --- ### [Shop](https://www.bestlawaz.com/shop/) **Published:** February 9, 2017 **Author:** Cindy Best --- ### [Cart](https://www.bestlawaz.com/cart/) **Published:** February 9, 2017 **Author:** Cindy Best **Content:** \[woocommerce\_cart\] --- ### [Checkout](https://www.bestlawaz.com/checkout/) **Published:** February 9, 2017 **Author:** Cindy Best **Content:** \[woocommerce\_checkout\] --- ### [My Account](https://www.bestlawaz.com/my-account/) **Published:** February 9, 2017 **Author:** Cindy Best **Content:** \[woocommerce\_my\_account\] --- ### [Stock Options In Arizona Divorce](https://www.bestlawaz.com/stock-options-in-arizona-divorce/) **Published:** January 18, 2017 **Author:** Cindy Best **Content:** ### Stock Options and Divorce in Arizona Because stock options are an extremely complicated topic when it comes to division in divorce actions, this article is just an overview of the basics. When a stock option is offered to an employee, it is called a grant. An option is exercised when the employee purchases the stock under the terms of the option granted by the employer. **How Stock Options Work** An employer grants a stock option to an employee by giving them the opportunity to purchase a specific number of shares of stock at a specified price during a particular time period. If the employee fails to purchase at the specified time, then the option to purchase at the grant price is lost. Options are granted for a variety of reasons. Some are even granted by contract. Knowing and clarifying those reasons makes the difference between something being community property or separate property. **Qualified and Non-Qualified Stock Options** Incentive stock options can be either qualified or non-qualified. The tax ramifications on each are very different and a failure to recognize the tax implications for proper distribution in a divorce can result in a gross inequity of distribution. Qualified or statutory incentive stock options, often called ISO’s, have a tax due only upon the sale of the stock. Depending on when the option was exercised and when the stock was sold, the tax basis and tax rates can differ. The other type of stock options are non-qualified options or NQSQ’s. Depending on the ability to determine value, the taxing differs. When the stock is traded on an established market so that the value is easily discernable, then income tax is due at the time of the grant of the option. But, if the stock fails to meet that standard and the option is not transferable, then tax is not due until the option is exercised. **Purpose of Grant of Stock Option** If grants are given and exercised during the marriage, then the grant, now being stock because the option was exercised, will be distributed as part of the community assets in the divorce. The issues arise when a grant was given and not exercised or is granted post commencement of the divorce action. Stock options can be granted because of past performance, they can be granted as an incentive for continued employment, they can be in lieu of higher pay, in lieu of bonuses or they can be granted for a combination of these reasons. The reason for the grant of a stock option can be determinative of whether or not it is held to be separate property. **Distribution of Stock Options in Arizona Divorce** Arizona, like many states, distributes property of the community resulting from the marriage that was acquired during the marriage. In general terms, property acquired after the marriage by either party is considered their respective separate property. But, property acquired after commencement of a divorce action that is the result of efforts put forth during the marriage is part of the community. If the stock option is not yet vested at the time of the commencement of the divorce action determination of whether it is community or separate property gets tricky and the reason for the grant becomes so vital. Arizona generally treats stock options as they do pension plans, but that varies when the option has not vested at the time the divorce action is commenced. This issue was addressed by the Arizona Court of Appeals in Brebaugh v. Deane, 211 Ariz. 95. Brebaugh recognized that the purpose of the grant of the stock option was the key to determining what portion, if any, was separate property or part of the community. When the purpose is determined by the trial court to be a result of efforts during the marriage, a formula was established to determine what portion of the option was available for distribution as community property. The formula weighs more in favor of the community rather than separate property. But, when the option is determined to have been granted for future efforts, Brebaugh established a different formula to be applied which weighs in favor of separate property. Brebaugh shows us that a contract setting forth the purpose of the grant is not necessarily sufficient to make the entire unvested option fall into the category set forth in the contract. Employment contracts could contain these provisions and there are often stock option contracts stating the purpose of the grant. The trial courts a granted a great deal of discretion in deciding the purpose of the grant of the option. Depending on the court’s decision on that question makes the determination on which formula to apply in each case. There is no cookie cutter result on classification of unvested stock options in divorce actions. --- ### [Doc Prep Form](https://www.bestlawaz.com/doc-prep-form/) **Published:** February 9, 2017 **Author:** Cindy Best **Content:** --- ### [Doc Prep](https://www.bestlawaz.com/doc-prep/) **Published:** November 25, 2016 **Author:** Cindy Best --- ### [Meditation](https://www.bestlawaz.com/meditation-2/) **Published:** November 25, 2016 **Author:** Cindy Best --- ## Legal Definitions ### [Family Court Advisor](https://www.bestlawaz.com/legal_definition/family-court-advisor/) **Published:** July 2, 2026 **Author:** Cindy Best **Content:** A family court advisor, known in Maricopa County as a CAA, is a court-connected professional appointed to investigate and advise the court on child-related issues. The CAA's role and authority are defined by the appointment order. CAA reports are submitted to the court and the parties. Due process requires that both parties have the opportunity to challenge the evidence the court uses. The scope of the CAA's investigation, their access to records, and the confidentiality of communications with the CAA all depend on the specific appointment order. Read it carefully. --- ### [Forensic Accountant](https://www.bestlawaz.com/legal_definition/forensic-accountant/) **Published:** July 2, 2026 **Author:** **Content:** A forensic accountant is an accounting professional with specialized expertise in analyzing financial records for litigation purposes. In Arizona family law forensic accountants are used to trace separate property, identify hidden assets, analyze business income and value, reconstruct financial histories, and calculate damage amounts for waste or fraud claims. Forensic accountants can identify discrepancies between reported income and actual lifestyle, find accounts that were not disclosed, analyze business records to determine the true income available for support, and trace the source and character of assets through complex transaction histories. When hidden assets are suspected or when business income is contested a forensic accountant may be the most important expert in the case. --- ### [Vocational Expert](https://www.bestlawaz.com/legal_definition/vocational-expert/) **Published:** July 2, 2026 **Author:** **Content:** A vocational expert evaluates a person's earning capacity, employability, job skills, labor market access, and reasonable employment options. In Arizona family law vocational experts are most commonly used in spousal maintenance cases where one spouse's attributed income is disputed and in child support cases where a parent's earning capacity is at issue. A vocational expert typically reviews educational and employment history, conducts an assessment of the person's skills and capabilities, researches the available job market, and reaches a conclusion about what the person could realistically earn. Vocational experts frequently testify on opposing sides with meaningfully different income conclusions. The difference between the two experts' attributed income figures can represent tens of thousands of dollars in annual support obligations. --- ### [Mental Health Professional](https://www.bestlawaz.com/legal_definition/mental-health-professional/) **Published:** July 2, 2026 **Author:** **Content:** A mental health professional in an Arizona family law context may serve multiple distinct roles as a treating therapist for a party or child, as a forensic evaluator appointed by the court, as an expert witness on parenting capacity or domestic violence dynamics, or as a therapeutic supervisor for parenting time. The role matters because it determines what the mental health professional can and cannot do, what records they maintain, what their confidentiality obligations are, and how their opinions can reach the court. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) courts cannot order a domestic violence victim to participate in joint treatment or assessment with the abusive parent. This restriction applies to all mental health professional formats including forensic evaluations. --- ### [Therapeutic Records](https://www.bestlawaz.com/legal_definition/therapeutic-records/) **Published:** July 2, 2026 **Author:** **Content:** Therapeutic records are counseling, therapy, psychological treatment, and mental health records that may be relevant to issues in a family law case but that are subject to strong privacy protections. The psychotherapist-patient privilege protects confidential communications in therapy from disclosure in litigation. Therapeutic records can be compelled in limited circumstances when the patient has put their mental health at issue in the litigation, when a child's records are sought by a legal parent who has standing to access them, or when a court finds compelling need. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) an abusive parent seeking to rebut the domestic violence presumption through a treatment program must waive privilege and allow the court and the victim access to their treatment records. --- ### [School Records](https://www.bestlawaz.com/legal_definition/school-records/) **Published:** July 2, 2026 **Author:** **Content:** School records include grades, attendance, discipline records, evaluation records, IEP documents, school communications, and enrollment information. In Arizona family law school records are relevant to the child's adjustment and wellbeing, the involvement of each parent in the child's education, and the choice of school placement. Both legal parents are generally entitled to access their child's school records under FERPA regardless of legal decision making structure. A school cannot deny one parent access to records based on the other parent's request. When the child's educational adjustment is at issue school records provide objective documentation. Attendance patterns, grade changes, teacher communications, and behavioral referrals all tell part of the child's story. --- ### [Medical Records](https://www.bestlawaz.com/legal_definition/medical-records/) **Published:** July 2, 2026 **Author:** **Content:** Medical records contain healthcare information that may be relevant to a child's medical needs, a parent's health and parenting capacity, a disability affecting support, a domestic violence allegation, or other issues in a family law case. Both legal parents are generally entitled to access their child's medical records regardless of legal decision making structure. A healthcare provider cannot refuse to share a child's records with a legal parent based on the other parent's request. Medical records in domestic violence cases emergency room records, injury documentation, records of treatment for anxiety or depression related to abuse are important evidence that should be obtained and preserved early. --- ### [Police Reports](https://www.bestlawaz.com/legal_definition/police-reports/) **Published:** July 2, 2026 **Author:** **Content:** Police reports document law enforcement contact and may be relevant to domestic violence allegations, child safety concerns, substance abuse, criminal history, and other issues that affect parenting and legal decision making determinations. Police reports are public records in most circumstances and can be obtained through a public records request. They are a form of business record that can typically be authenticated and admitted at trial. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) prior acts of domestic violence are now broadly admissible in family court even if they predate the current case, were previously litigated, or could have been raised in a prior proceeding. This makes police reports from earlier in the relationship potentially relevant evidence that was previously excluded on procedural grounds. --- ### [Judicial Notice](https://www.bestlawaz.com/legal_definition/judicial-notice/) **Published:** July 2, 2026 **Author:** **Content:** Judicial notice allows a court to accept certain facts or records as established without requiring the normal evidentiary proof process when those facts are so commonly known or so reliably verifiable that requiring formal proof would be unnecessarily burdensome. In Arizona family law judicial notice is commonly requested for official court records, certified public records, and other matters within the court's official knowledge. Courts can take judicial notice of their own prior orders, of Arizona statutes, and of facts not subject to reasonable dispute. Judicial notice is a tool for streamlining the introduction of evidence that would otherwise require authentication and foundational testimony. --- ### [Post-Decree](https://www.bestlawaz.com/legal_definition/post-decree/) **Published:** July 2, 2026 **Author:** **Content:** Post-decree refers to any legal proceeding or issue arising after the final decree has been entered. In Arizona family law post-decree matters include enforcement of existing orders, modification of child support, spousal maintenance, parenting time or legal decision making, relocation requests, contempt proceedings, and interstate enforcement issues. The case does not automatically end when the decree is signed. For families with children the legal relationship between the parents continues through the parenting plan until the children are grown. Post-decree proceedings are governed by the original decree, the applicable Arizona statutes, and the Arizona Rules of Family Law Procedure. The standard for relief depends on what is being requested. --- ### [Petition to Enforce](https://www.bestlawaz.com/legal_definition/petition-to-enforce/) **Published:** July 2, 2026 **Author:** **Content:** A petition to enforce asks the Arizona family court to require compliance with an existing order. When a party is not following the decree for not paying support, not following the parenting plan, not completing required property transfers such a petition to enforce asks the court to step in. Enforcement options include contempt findings with sanctions, make-up parenting time, attorney fee awards, income withholding orders, and in support cases license suspension, passport denial, and tax refund intercept. Document every violation carefully before filing. Dates, what was required, what actually happened, and any communications about the non-compliance. --- ### [Petition to Modify](https://www.bestlawaz.com/legal_definition/petition-to-modify/) **Published:** July 2, 2026 **Author:** **Content:** A petition to modify asks the court to change an existing family law order based on a showing that the applicable legal standard for modification has been met. Different types of orders have different modification standards. Child support modification requires showing a substantial and continuing change in circumstances. Parenting time modification requires a substantial and continuing change in circumstances that serves the child's best interests. Legal decision making modification requires a substantial and continuing change in circumstances plus findings of either danger to the child or agreement by the parents. Modification petitions are generally not retroactive. The modification takes effect from the date the petition is filed at the earliest. Do not delay filing when circumstances have genuinely changed. --- ### [Substantial and Continuing Change](https://www.bestlawaz.com/legal_definition/substantial-and-continuing-change/) **Published:** July 2, 2026 **Author:** **Content:** Substantial and continuing change is the legal standard required to modify many Arizona family court orders including child support, spousal maintenance, and parenting time. The change must be significant enough to matter and ongoing rather than temporary. Both elements matter. A change that is substantial but temporary may not meet the standard. A change that is ongoing but minor may not meet the standard. The change must be both meaningful in degree and expected to continue. What qualifies as a substantial and continuing change depends on the specific modification being sought. --- ### [Contempt Petition](https://www.bestlawaz.com/legal_definition/contempt-petition/) **Published:** July 2, 2026 **Author:** **Content:** A contempt petition asks the court to find that a party has violated a court order and to impose appropriate remedies. In Arizona family law contempt is a powerful enforcement tool used when a party is willfully failing to comply with a court order. To prevail on a contempt petition the moving party must show that the respondent had knowledge of a lawful court order, had the ability to comply, and failed to do so. Contempt remedies include sanctions, attorney fee awards, and in civil contempt cases the possibility of incarceration until the contemnor purges the contempt by complying with the order. --- ### [Sanctions](https://www.bestlawaz.com/legal_definition/sanctions/) **Published:** July 2, 2026 **Author:** **Content:** Sanctions in Arizona family law are penalties or remedial orders imposed for litigation misconduct, disclosure violations, unreasonable positions, or order violations. Courts have broad authority to impose sanctions appropriate to the conduct they address. Common sanctions include attorney fee awards against a party who took an unreasonable position, exclusion of evidence for disclosure violations, adverse inference instructions when evidence was concealed or destroyed, monetary fines for contempt, and in extreme cases striking pleadings. --- ### [Attorney Fee Award](https://www.bestlawaz.com/legal_definition/attorney-fee-award/) **Published:** July 2, 2026 **Author:** **Content:** An attorney fee award requires one party to pay some or all of the other party's reasonable attorney fees and costs. In Arizona family law attorney fees can be awarded based on financial disparity between the parties, on the reasonableness or unreasonableness of one party's positions, on contempt findings, and on specific statutory provisions. The AFI and the China Doll affidavit are the financial documents the court uses to evaluate a fee request. The China Doll affidavit provides the detailed billing record showing the work done and the fees charged. Attorney fee awards are not guaranteed even when one party clearly had more resources. The court has discretion. Strong documentation of the fees incurred and a clear connection between the other party's conduct and the fees generated is essential. --- ### [Civil Contempt](https://www.bestlawaz.com/legal_definition/civil-contempt/) **Published:** July 2, 2026 **Author:** **Content:** Civil contempt is remedial contempt, its purpose is to compel compliance with a court order or to compensate the party harmed by the violation. It is the most common form of contempt in Arizona family law enforcement proceedings. Civil contempt requires proving that the contemner had knowledge of a lawful court order, had the ability to comply, and failed to do so. The sanction is coercive and it continues until the contemner complies. A purge condition gives the contemner a path to ending the sanction. --- ### [Order to Show Cause](https://www.bestlawaz.com/legal_definition/order-to-show-cause/) **Published:** July 2, 2026 **Author:** **Content:** An order to show cause requires a party to appear in court and explain why a requested order or sanction should not be entered against them. It is a mechanism for bringing enforcement matters to the court's attention efficiently. Orders to show cause are issued by the court after reviewing the moving party's petition and supporting documents. If the petition and supporting evidence establish a prima facie case the court issues the order and sets a hearing date. Receiving an order to show cause requires immediate attention and immediate response. The party who receives it must appear and present their side or risk having the requested relief entered by default. --- ### [License Suspension](https://www.bestlawaz.com/legal_definition/license-suspension/) **Published:** July 2, 2026 **Author:** **Content:** License suspension is an enforcement remedy that can restrict a delinquent support obligor's professional licenses, recreational licenses, and driver's license for failure to pay child support arrears above specified thresholds. In Arizona license suspension for child support arrears is administered through the child support enforcement system. When arrears reach the threshold the support enforcement agency can certify the obligor to the relevant licensing authority for suspension. License suspension is a powerful motivator for payment because it affects a person's ability to work and to drive. --- ### [Passport Denial](https://www.bestlawaz.com/legal_definition/passport-denial/) **Published:** July 2, 2026 **Author:** **Content:** Passport denial is a federal child support enforcement remedy that can prevent the issuance of a passport or revoke an existing one when a person has qualifying child support arrears. The threshold for federal passport denial is currently $2,500 in past-due child support. Passport denial is administered through the federal government's Passport Denial Program which is connected to the state child support enforcement system. For delinquent obligors who travel internationally or who need a passport for work passport denial is a significant leverage point for payment. Bringing arrears current is required to have the denial lifted. --- ### [Tax Refund Intercept](https://www.bestlawaz.com/legal_definition/tax-refund-intercept/) **Published:** July 2, 2026 **Author:** **Content:** Tax refund intercept is a federal and state child support enforcement remedy that redirects a delinquent obligor's state or federal tax refund to pay past-due child support. The intercept is administered through the child support enforcement system. The intercept is automatic when qualifying arrears are certified to the tax authorities. The obligor receives notice that their refund has been intercepted and applied to their child support obligation. For obligors who regularly receive tax refunds the intercept can be an effective enforcement tool. --- ### [Purge Order](https://www.bestlawaz.com/legal_definition/purge-order/) **Published:** July 2, 2026 **Author:** **Content:** A purge order is a court order issued in a contempt proceeding that specifies what the contemner must do to avoid the imposed sanction or to be released from any incarceration imposed for civil contempt. A civil contempt sanction without a purge condition is constitutionally problematic. The purpose of civil contempt is to compel compliance not to punish. A purge condition must give the contemner a realistic opportunity to comply and avoid the sanction. Common purge conditions in family law include paying a specified amount of support arrears, transferring specific property, or completing a specific act that the contemner has been ordered to perform. --- ### [Registering an Out-of-State Order](https://www.bestlawaz.com/legal_definition/registering-an-out-of-state-order/) **Published:** July 2, 2026 **Author:** **Content:** Registering an out-of-state order is the process of filing another state's family law order with the Arizona courts so it can be recognized and enforced in Arizona. When a family moves to Arizona with an existing court order from another state registration makes that order enforceable here. Registration procedures vary depending on the type of order. Child support orders are registered under UIFSA. Child custody orders are registered under the UCCJEA. Registering an out-of-state order also raises questions about whether Arizona courts can modify it. Jurisdiction to modify follows its own statutory rules. --- ### [Full Faith and Credit](https://www.bestlawaz.com/legal_definition/full-faith-and-credit/) **Published:** July 2, 2026 **Author:** **Content:** Full faith and credit is the constitutional principle requiring states to recognize and give effect to the valid judicial proceedings and court orders of other states. In family law this means that a divorce decree from one state must be recognized by other states. Full faith and credit is not unlimited. States are not required to enforce judgments that would violate their own public policy or that were entered without proper jurisdiction. For child custody orders the UCCJEA supplements and in some ways limits the full faith and credit analysis by establishing specific rules about which state can modify an existing order. --- ### [Uniform Interstate Family Support Act (UIFSA)](https://www.bestlawaz.com/legal_definition/uniform-interstate-family-support-act-uifsa/) **Published:** July 2, 2026 **Author:** **Content:** UIFSA is the uniform law that Arizona and all other states use to address interstate and certain international child support and spousal support issues. It provides the framework for establishing support orders when the parents live in different states, for enforcing support orders across state lines, and for modifying existing interstate support orders. UIFSA establishes the rules for which state has jurisdiction to issue an initial support order when parents live in different states, which state has continuing exclusive jurisdiction to modify an existing order, and how states cooperate to enforce support obligations. UIFSA also extends to some international support cases. Whether a specific international support situation falls under UIFSA depends on which countries are involved and the applicable international agreements. --- ### [Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)](https://www.bestlawaz.com/legal_definition/uniform-child-custody-jurisdiction-and-enforcement-act-uccjea/) **Published:** July 2, 2026 **Author:** **Content:** The UCCJEA is the uniform law that Arizona uses to determine which state has authority to make or modify legal decision making and parenting time orders. It applies when children and parents are in different states and prevents courts in different states from simultaneously asserting jurisdiction over the same children. The UCCJEA's primary jurisdictional basis is home state — the state where the child has lived with a parent for at least six consecutive months before the case is filed. Arizona treats tribal nations as states under the UCCJEA. --- ### [Home State](https://www.bestlawaz.com/legal_definition/home-state/) **Published:** July 2, 2026 **Author:** **Content:** Home state is the core UCCJEA jurisdictional concept, the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the filing of the custody proceeding. Home state jurisdiction is the primary basis for a court to exercise jurisdiction over a child custody matter. A state that is the child's home state has priority over other states that might also have some connection to the child. When a child has recently moved from one state to another both states may potentially claim home state jurisdiction. The Griffith v. Bennett case from the Arizona Court of Appeals in May 2026 confirmed that Arizona courts must make the required home state determination before proceeding with custody matters. --- ### [Emergency Jurisdiction](https://www.bestlawaz.com/legal_definition/emergency-jurisdiction/) **Published:** July 2, 2026 **Author:** **Content:** Emergency jurisdiction is temporary UCCJEA authority that allows an Arizona court to protect a child who is physically present in Arizona and who has been abandoned or is in danger of abuse or neglect. Emergency jurisdiction is not a substitute for home state jurisdiction. A court exercising emergency jurisdiction must communicate with the court of the child's home state and the emergency jurisdiction ends when the home state court can address the matter. Emergency jurisdiction is appropriate when a child arrives in Arizona in immediate danger. It is not a strategy to establish jurisdiction in Arizona when the home state courts are available and functioning. --- ### [International Child Abduction](https://www.bestlawaz.com/legal_definition/international-child-abduction/) **Published:** July 2, 2026 **Author:** **Content:** International child abduction is the wrongful removal or retention of a child across national borders in violation of another person's custody rights. It is addressed through the Hague Convention on the Civil Aspects of International Child Abduction for cases involving member countries and through diplomatic and legal channels for non-Hague countries. We have handled international child cases and child abduction cases at Best Law Firm; we recovered a child back to Italy who was wrongfully kept in the United States after a vacation, we have prevented abductions to non-Hague countries. We have also assisted a mother keep her children in Canada. We have received an order allowing child visitation to the UAE. We have prevented parenting time being awarded to an abuse parent from SA. These cases are urgent and they require immediate action. If your child has been taken internationally or if you believe an abduction is being planned contact us immediately. Do not wait to see what happens. --- ### [Hague Return Petition](https://www.bestlawaz.com/legal_definition/hague-return-petition/) **Published:** July 2, 2026 **Author:** **Content:** A Hague return petition is the legal proceeding initiated in a receiving country to seek the return of a child who was wrongfully removed from or retained outside their country of habitual residence under the Hague Convention. Hague return petitions are handled through the federal district courts in the United States. They move quickly relative to normal litigation because the Convention contemplates prompt resolution. Defenses to a Hague return petition are narrow. The most commonly raised defenses are that the child would face grave risk of harm if returned, that the child has settled into their new environment if more than one year has passed, and that the child objects to returning and is of sufficient maturity. --- ### [Non-Hague Country](https://www.bestlawaz.com/legal_definition/non-hague-country/) **Published:** July 2, 2026 **Author:** **Content:** A non-Hague country is a country that has not joined the Hague Convention on International Child Abduction or that is not in a treaty relationship with the United States under the Convention. When a child is taken to a non-Hague country the Hague Convention return process is not available. Non-Hague country abductions are among the most difficult international family law situations. Without treaty obligation the foreign country is not required to return the child. Prevention is the most important tool in non-Hague country abduction risk cases. Passport controls, travel restrictions, bonds for safe return, and specific parenting plan provisions can reduce the risk before an abduction occurs. --- ### [Travel Consent](https://www.bestlawaz.com/legal_definition/travel-consent/) **Published:** July 2, 2026 **Author:** **Content:** Travel consent is written authorization for a child to travel with one parent given by the other parent, or by the court when the parents cannot agree. For international travel consent is often required by customs and immigration authorities particularly when a child is traveling with only one parent. The parenting plan should specify what travel consent is required, how much advance notice must be given, what information must be provided about the trip, and the process for obtaining consent or seeking court authorization. Travel consent for international travel to countries where abduction risk is elevated requires more careful structuring. --- ### [Passport Controls](https://www.bestlawaz.com/legal_definition/passport-controls/) **Published:** July 2, 2026 **Author:** **Content:** Passport controls are court-ordered restrictions or procedures governing the possession, release, or use of a child's passport. They are a preventive tool designed to reduce the risk of international child abduction. Common passport control provisions include requiring that passports for minor children be held by the court clerk or by a neutral third party, requiring both parents' written consent before a passport is released, and prohibiting either parent from applying for a new passport for the child without a court order. Once a child is out of the country with a passport the tools for recovery are more limited and more expensive than the tools for prevention. --- ### [Relocation Notice](https://www.bestlawaz.com/legal_definition/relocation-notice/) **Published:** July 2, 2026 **Author:** **Content:** Relocation notice is the formal written notice required by A.R.S. § 25-408 before a parent with parenting time rights can relocate with the child outside Arizona or more than 100 miles within Arizona. The notice must be sent by certified mail return receipt requested at least 45 days before the proposed move. The relocation notice must provide specific information about the proposed move — the new address if known, the date of the move, and the reason for the relocation. Failing to provide proper relocation notice is a violation of A.R.S. § 25-408 and can result in the court preventing the relocation, ordering the child's return if the move has already occurred, and imposing other sanctions. --- ### [Relocation Objection](https://www.bestlawaz.com/legal_definition/relocation-objection/) **Published:** July 2, 2026 **Author:** **Content:** A relocation objection is the non-relocating parent's formal response objecting to a proposed relocation. It must be filed within 30 days of receiving the relocation notice. If an objection is filed the court determines whether relocation is in the child's best interests before the move can occur. The objecting parent bears the burden of demonstrating that the proposed relocation is not in the child's best interests. The relocating parent then bears the burden of demonstrating that the relocation serves the child's interests. Missing the 30-day objection window significantly changes the procedural posture. File the objection within the deadline even if you need more time to investigate the situation. --- ### [Special Needs Child](https://www.bestlawaz.com/legal_definition/special-needs-child/) **Published:** July 2, 2026 **Author:** **Content:** A special needs child is a child with medical, developmental, educational, mental health, or disability-related needs that require tailored parenting plan provisions, support calculations, and potentially extended or modified support obligations. Parenting plans for special needs children must address the child's specific care requirements for medical appointments, therapy schedules, specialized school programs, equipment and supply needs, and how decisions about specialized care are made. A generic parenting plan does not serve a child with significant special needs. Child support for a special needs child may exceed the standard guideline amount and age duration to account for extraordinary medical, therapeutic, educational, and care costs. --- ### [Court-Ordered Counseling](https://www.bestlawaz.com/legal_definition/court-ordered-counseling/) **Published:** July 2, 2026 **Author:** **Content:** Court-ordered counseling is therapeutic or behavioral health counseling required by a court order for a parent, a child, the family as a unit, or as part of a reunification process. Courts order counseling to address substance abuse, anger management, parenting skills, domestic violence intervention, and other issues affecting the child's wellbeing. Court-ordered counseling must meet specific requirements if it is intended to support modification of a court order. A treatment program ordered to address domestic violence must meet the standards in the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) — relevant and proportionate, privilege waived, demonstrated genuine insight. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) courts cannot order a victim to participate in any counseling or therapeutic process jointly with the abusive parent. --- ### [Risk Assessment](https://www.bestlawaz.com/legal_definition/risk-assessment/) **Published:** July 2, 2026 **Author:** **Content:** Risk assessment is the evaluation of safety concerns such as domestic violence, child abuse, substance use, abduction risk, mental health instability, or self-harm that may affect parenting safety. In contested parenting cases risk assessments help the court understand what protective measures are needed. Risk assessments in family court are conducted by mental health professionals, domestic violence specialists, and in some cases by the CAA. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the safety of the child and the victim is the highest priority when domestic violence is present. A risk assessment that identifies ongoing domestic violence risk triggers the mandatory presumption and the protective framework established in the new law. --- ### [Right of First Refusal](https://www.bestlawaz.com/legal_definition/right-of-first-refusal/) **Published:** July 2, 2026 **Author:** **Content:** Right of first refusal gives one parent the opportunity to provide childcare for the child before the other parent uses a third-party childcare provider during their own parenting time. When triggered the parent who needs childcare must offer the other parent the option to care for the child first. This is almost never used anymore. It sets up the parties for litigation and arguments. Often it is better for each parent to take care of the child and other caretaking issues when they are with that parent. Right of first refusal provisions must specify the threshold how many hours of childcare triggers the obligation, whether overnight absences trigger it, what advance notice is required, how the offer must be made and accepted, and what happens if the offering parent does not receive a timely response. Right of first refusal provisions work better in cooperative co-parenting situations. In high-conflict cases they create more opportunities for conflict than they prevent. Assess whether the provision actually serves the child before including it. --- ### [Make-Up Parenting Time](https://www.bestlawaz.com/legal_definition/make-up-parenting-time/) **Published:** July 2, 2026 **Author:** **Content:** Make-up parenting time is replacement time awarded to compensate for missed or wrongfully denied court-ordered parenting time. When one parent prevents the other from exercising their scheduled time the wronged parent may be entitled to equivalent replacement time. Make-up time provisions should be included in the parenting plan. The plan should specify what qualifies as missed parenting time, how make-up time is requested, the timeline for scheduling it, and what happens if the parents cannot agree on when to schedule it. --- ### [Parenting Time Interference](https://www.bestlawaz.com/legal_definition/parenting-time-interference/) **Published:** July 2, 2026 **Author:** **Content:** Parenting time interference occurs when one parent unreasonably blocks, restricts, or frustrates the other parent's court-ordered parenting time. It is one of the most common post-decree complaints and one of the most emotionally charged issues in ongoing family court disputes. Interference can be active such as keeping the child from the exchange, refusing to allow reasonable calls during the other parent's time, scheduling activities that conflict with court-ordered time or passive consistently being unavailable, not having the child ready, or making exchanges difficult without outright refusing. Not every missed parenting time or phone call rises to the level of intentionally missed parenting time or missed phone call. Parents should be reasonable and cooperative. Arizona courts take parenting time interference seriously. It is a best-interests factor under A.R.S. § 25-403 and it can support modification of the parenting arrangement when it is intentional, chronic and documented. --- ### [Parenting Time Enforcement](https://www.bestlawaz.com/legal_definition/parenting-time-enforcement/) **Published:** July 2, 2026 **Author:** **Content:** Parenting time enforcement is the process of asking the court to remedy violations of an existing parenting time order. When a parent consistently denies, interferes with, or frustrates the other parent's court-ordered time an enforcement petition asks the court to step in. Enforcement remedies include make-up parenting time, civil contempt findings, attorney fee awards, modification of the parenting plan, and in extreme cases changes to the primary parenting arrangement. Document every violation before filing an enforcement petition. Dates, what was supposed to happen, what actually happened, any communications about the violation. A pattern of documented violations is far more persuasive than general allegations of ongoing interference. --- ### [Denial of Parenting Time](https://www.bestlawaz.com/legal_definition/denial-of-parenting-time/) **Published:** July 2, 2026 **Author:** **Content:** Denial of parenting time is the refusal or failure to allow scheduled court-ordered time without legal justification. It is a violation of the court order and it is a basis for enforcement, contempt, and potentially modification of the parenting arrangement. The denying parent bears the burden of showing that the denial was legally justified. Mere unhappiness with the other parent, unsubstantiated safety concerns, or the child's stated reluctance are generally not adequate justification. A parent who denies parenting time without justification and then argues that the child does not want to go is in a difficult position. This does become a very traumatic and difficult situation when the child does not want to visit an angry, demanding, or unpleasant or abusive parent. --- ### [Supervised Visitation Center](https://www.bestlawaz.com/legal_definition/supervised-visitation-center/) **Published:** July 2, 2026 **Author:** **Content:** A supervised visitation center is a professional facility where supervised parenting time or supervised exchanges can occur in a controlled and documented setting. Centers typically have trained staff, structured environments, and documentation protocols. Professional supervised visitation centers provide an objective record of what occurred during parenting time. Their observations and documentation can be valuable evidence in later proceedings. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) imposes specific requirements on lay supervisors for abusive parents who have been granted limited parenting time. Professional supervised visitation centers satisfy these requirements more reliably than individual lay supervisors. --- ### [Drug Testing](https://www.bestlawaz.com/legal_definition/drug-testing/) **Published:** July 2, 2026 **Author:** **Content:** Drug testing is testing for controlled substances or prescription drug misuse used when substance abuse is relevant to parenting safety, legal decision making, or compliance with court orders. Courts may order drug testing as a condition of parenting time or as an ongoing monitoring requirement. Random drug testing is more reliable than scheduled testing because it prevents a parent from abstaining only in the days before a known test date. A parent who fails to test or provides a diluted sample can face consequences under court orders that specifically address those outcomes. The parenting plan should address what a positive test, a missed test, or a diluted sample triggers. It should usually result in supervised parenting time or no parenting time. --- ### [Alcohol Monitoring](https://www.bestlawaz.com/legal_definition/alcohol-monitoring/) **Published:** July 2, 2026 **Author:** **Content:** Alcohol monitoring is testing or technology used to document alcohol use or abstinence in safety-sensitive family law cases. Beyond urine or breath testing, continuous alcohol monitoring devices can provide real-time documentation of alcohol levels. Court orders for alcohol monitoring should specify the monitoring method, who pays for it, what the reporting requirements are, what a violation triggers, and what the parent must do to have monitoring conditions lifted. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) expanded the prohibition on substances beyond 24-hour pre-parenting restrictions. Courts can now require a parent to abstain from any substance the court finds they abused with random testing to ensure compliance. --- ### [Domestic Violence Presumption](https://www.bestlawaz.com/legal_definition/domestic-violence-presumption/) **Published:** July 2, 2026 **Author:** **Content:** The domestic violence presumption is the Arizona legal rule that restricts legal decision making and parenting time when a court finds that a parent has committed domestic violence. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) effective June 22, 2026 this presumption is now mandatory, covers both legal decision making and parenting time, and requires the abusive parent to overcome it by the applicable evidentiary standard before any parenting rights can be awarded. The mandatory presumption is one of the most significant changes in Arizona family law in recent memory. Before the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the presumption applied only to legal decision making and courts had more discretion in how they applied it. The new law narrows that discretion substantially. See the Domestic Violence entry in this glossary and the full series on the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) at [bestlawaz.com/alec-and-lydia-act](https://bestlawaz.com/alec-and-lydia-act) for a complete discussion of how the new law changed the presumption. --- ### [Child Abuse Allegation](https://www.bestlawaz.com/legal_definition/child-abuse-allegation/) **Published:** July 2, 2026 **Author:** **Content:** A child abuse allegation is a claim that a child has been physically, emotionally, or sexually abused or neglected by a parent or other person. In Arizona family law child abuse allegations are among the most serious issues a court addresses and they significantly affect parenting time and legal decision making determinations. Child abuse allegations trigger mandatory reporting obligations. If a mandatory reporter has reasonable cause to believe abuse is occurring they must report to DCS. The report triggers a DCS investigation that produces a report which becomes evidence in the family law case. Unsubstantiated does not mean it did not happen. A DCS investigation that does not find sufficient evidence to substantiate an allegation closes the investigation but does not make a factual finding that the alleged conduct did not occur. In family court that distinction matters. DCS is not a reliable source for determining whether a child is at risk for their safety. A pediatrician is often a professional who can assist with such an evaluation. It is rises to the level of a criminal investigation, most police departments have forensically trained officers to conduct the interviews. ER Departments also usually have such professionals. --- ### [False Reporting](https://www.bestlawaz.com/legal_definition/false-reporting/) **Published:** July 2, 2026 **Author:** **Content:** False reporting refers to knowingly making false reports of child abuse or neglect. Arizona's best-interests statute allows the court to consider whether a parent has knowingly made false reports of child abuse against the other parent as a factor in the parenting analysis. The key word is knowingly. A parent who sincerely believed their child was being harmed and made a report that was investigated and not substantiated has not made a false report in the legal sense even if the allegation was ultimately incorrect. False reporting as a litigation tactic is a serious problem in high-conflict cases. Courts are aware of it. A parent who files repetitive unsubstantiated reports in the context of ongoing custody litigation faces credibility consequences that can affect the entire parenting case. --- ### [High-Conflict Parenting](https://www.bestlawaz.com/legal_definition/high-conflict-parenting/) **Published:** July 2, 2026 **Author:** **Content:** High-conflict parenting describes an ongoing pattern of significant parental conflict that damages children's wellbeing, disrupts decision-making, makes exchanges difficult, and produces repeated litigation. It is not a legal status but a practical description of a family dynamic that requires specific parenting plan provisions. Children in high-conflict parenting situations are at significant risk of harm from the conflict itself independent of any other safety concerns. Research consistently shows that ongoing exposure to parental conflict harms children's emotional development and long-term adjustment. Parenting plans for high-conflict families should anticipate the specific conflict patterns and build in structures to manage them such as detailed exchange protocols, communication restrictions, dispute resolution requirements, and provisions that minimize discretionary decisions that become battlegrounds. Courts often label parents as both high conflict when one parent is the instigator and has a personality disorder, drug abuse or mental illness. For instance, it is impossible to co-parent with a narcissist and not recognizing those other factors often force the abused parent to attempt to do the impossible. The 2026 [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) recognizes this difficulty in cases of domestic violence and outlines the public policy of child safety. --- ### [Gatekeeping Parent](https://www.bestlawaz.com/legal_definition/gatekeeping-parent/) **Published:** July 2, 2026 **Author:** **Content:** Gatekeeping Is not a legal term and is rarely heard in Arizona. It refers to a parent's behavior in controlling or influencing the child's access to and relationship with the other parent. Gatekeeping can be protective, a parent who limits contact with an unsafe parent to protect the child or restrictive such as a parent who limits contact without legitimate safety reasons. Protective gatekeeping is appropriate when a parent has genuine safety concerns based on documented facts. Restrictive gatekeeping without safety justification is harmful to the child and to the family court proceedings. Distinguishing between protective and restrictive gatekeeping requires careful examination of the facts behind the limiting behavior. A parent who limits contact after documented domestic violence has every right to protect the child and is in a very different position from a parent who limits contact to gain litigation leverage. See the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act). --- ### [Communication Protocol](https://www.bestlawaz.com/legal_definition/communication-protocol/) **Published:** July 2, 2026 **Author:** **Content:** A communication protocol is the section of a parenting plan governing how parents communicate with each other about the child. It specifies the method, frequency, and scope of parent-to-parent communication and establishes boundaries that protect the child from exposure to adult conflict. In cooperative co-parenting situations a basic communication protocol may simply specify the preferred communication method and response time expectations. In high-conflict situations the protocol may require use of a dedicated co-parenting communication platform and limit communication to child-related topics. A well-drafted communication protocol reduces the opportunities for conflict at the contact points that most often produce it. The more specific the protocol the less room there is for dispute about what was expected. --- ### [Child's Stated Preference](https://www.bestlawaz.com/legal_definition/childs-stated-preference/) **Published:** July 2, 2026 **Author:** **Content:** A child's stated preference is the child's expressed wish about parenting arrangements when the child is of suitable age and maturity to form and express a preference. Arizona courts consider the child's preference as one factor in the best-interests analysis. It is usually reserved for older teenagers. There is no specific age at which a child's preference becomes controlling. The court assesses the child's maturity, the basis for the preference, whether the preference appears to be independently formed or influenced by a parent, and how the preference relates to all other best-interests factors. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the child's stated preference to maintain or increase contact with an abusive parent is expressly irrelevant to the domestic violence analysis. --- ### [Coercive Control](https://www.bestlawaz.com/legal_definition/coercive-control/) **Published:** July 2, 2026 **Author:** **Content:** Coercive control is now domestic violence in Arizona effective June 22, 2026 under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act). It is defined as a pattern of violent, threatening, coercive, or emotionally abusive conduct including physical or sexual assault, threats, confinement, isolation, financial control, stalking, surveillance, demeaning conduct, threats involving immigration status, and using civil litigation including family court proceedings as a weapon against the other parent. The recognition of coercive control as domestic violence is one of the most significant expansions in the new law. Many survivors who were previously told their experience did not qualify because it was not physical now have a legal framework that names and addresses what happened to them. See the Coercive Control entry in the Domestic Violence section of this glossary and the full series on the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) at [bestlawaz.com/alec-and-lydia-act](https://bestlawaz.com/alec-and-lydia-act) for a complete discussion. --- ### [Expense Reimbursement](https://www.bestlawaz.com/legal_definition/expense-reimbursement/) **Published:** July 2, 2026 **Author:** **Content:** Expense reimbursement is the process of one parent repaying the other for child-related costs allocated between the parents in the court order or agreement. The parenting plan should specify which expenses are subject to reimbursement, what documentation is required, how requests must be submitted, and what the deadline is for payment. Expense reimbursement disputes are among the most common post-decree parenting conflicts. Clear reimbursement provisions in the parenting plan eliminate most of the ambiguity that produces these disputes. Common reimbursable expenses include uncovered medical costs, school fees allocated between the parents, agreed-upon extracurricular costs, and travel costs for parenting time. Each category should be addressed specifically with its own documentation and reimbursement requirements. --- ### [Private Mediation](https://www.bestlawaz.com/legal_definition/private-mediation/) **Published:** July 2, 2026 **Author:** **Content:** Private mediation is mediation paid for by the parties and conducted by a mediator they select rather than a court-connected or court-appointed mediator. It gives the parties more control over the mediator's selection, the timing, the format, and the confidentiality protections that apply. Private mediation is available at every stage of an Arizona family law case before filing, after filing, during litigation, and post-decree. The parties select a mediator from the private marketplace often a former judge, a certified family law specialist, or an experienced family law attorney. Best Law Firm mediators Tali Best Collins and Megan Spaulding conduct private mediations and are available as neutral third parties for parties seeking experienced family law mediators. When we mediate we are neutral for both sides and cannot represent either party in that case. --- ### [Court Ordered Mediation Within the Court](https://www.bestlawaz.com/legal_definition/court-ordered-mediation-within-the-court/) **Published:** July 2, 2026 **Author:** **Content:** Court connected mediation is mediation provided through or arranged by the court system. In Maricopa County court connected mediation services may be available through Conciliation Services or other court programs. Court connected mediation is often lower cost than private mediation and may be required by the court before contested parenting hearings. The mediators in court connected programs are trained neutrals but the parties have less control over mediator selection. Their time is usually limited to 3 hours. The confidentiality protections for court-connected mediation and the legal effect of agreements reached there are governed by the applicable court rules and statutes. --- ### [Caucus](https://www.bestlawaz.com/legal_definition/caucus/) **Published:** July 2, 2026 **Author:** **Content:** A caucus is a private meeting between the mediator and one party during mediation, separate from any joint session. Caucuses allow a party to speak candidly with the mediator about their concerns, their bottom line, or information they are not ready to share directly with the other side. Information shared in a caucus is held in confidence by the mediator unless the disclosing party authorizes the mediator to share it. The mediator uses caucus information to understand each party's actual interests and constraints. Many mediations are conducted entirely in caucus format and the parties never sit together. This is particularly common in high-conflict cases and domestic violence cases. --- ### [Facilitative Mediation](https://www.bestlawaz.com/legal_definition/facilitative-mediation/) **Published:** July 2, 2026 **Author:** **Content:** Facilitative mediation is a style in which the mediator focuses on helping the parties communicate, identify their underlying interests, and develop their own solutions rather than evaluating the merits of their positions. A facilitative mediator asks questions, reflects back what they hear, reframes positions as interests, and helps the parties generate and evaluate options. The mediator does not offer opinions about who is right or what the court would likely do. Facilitative mediation works well when the parties are capable of negotiating in good faith with structure and when the primary obstacle to resolution is communication rather than a fundamental disagreement about the legal merits. --- ### [Evaluative Mediation](https://www.bestlawaz.com/legal_definition/evaluative-mediation/) **Published:** July 2, 2026 **Author:** **Content:** Evaluative mediation is a style in which the mediator provides their assessment of the relative strength of each party's legal position, the likely range of outcomes at trial, and the risks and weaknesses in each side's case. The mediator's evaluation is intended to reality-test positions and move parties toward a realistic resolution. Evaluative mediation works well in cases where one or both parties have unrealistic expectations about what they could get at trial. A mediator with judicial experience or deep family law expertise can provide a credible reality check. Tali Best Collins brings her experience as a Judge Pro Tem in Maricopa County Superior Court to evaluative mediation she has seen these cases from the bench and understands what judges actually do with these facts. --- ### [Mediation Agreement](https://www.bestlawaz.com/legal_definition/mediation-agreement/) **Published:** July 2, 2026 **Author:** **Content:** A mediation agreement is the written document that captures what the parties agreed to in mediation. It may be the full settlement of all issues or a partial agreement on specific issues. A mediation agreement is not automatically a court order it must be properly formatted and submitted to the court to become binding and enforceable. A mediation agreement should be specific, complete, and clear about every term. Vague mediation agreements produce disputes about what was actually agreed. The time invested in drafting the agreement clearly at the end of the mediation session is far less costly than litigating what it meant later. Under Arizona Rule of Family Law Procedure 69 a written settlement agreement signed by the parties or their counsel is binding. A mediation agreement that meets Rule 69 requirements is enforceable even before it is incorporated into a court order. --- ### [Memorandum of Understanding](https://www.bestlawaz.com/legal_definition/memorandum-of-understanding/) **Published:** July 2, 2026 **Author:** **Content:** A memorandum of understanding is a written summary of the general terms reached in mediation or negotiation that serves as the foundation for more formal drafting. It captures what was agreed at a high level when the parties have reached consensus but have not yet produced the formal legal documents. This Memo is not a binding court order but it creates a record of what was agreed and provides the basis for preparing the consent decree, parenting plan, and property settlement agreement. Never rely on a Memo as the final resolution of a family law case. The formal documents must be properly drafted, signed, and submitted to the court to be enforceable. --- ### [Impasse](https://www.bestlawaz.com/legal_definition/impasse/) **Published:** July 2, 2026 **Author:** **Content:** Impasse means the parties cannot reach agreement on one or more issues despite negotiation or mediation efforts. In mediation an impasse may be declared at the end of a session where the gap between the parties on a specific issue cannot be bridged. An impasse on one issue does not mean the entire mediation has failed. Partial resolution — settling what can be settled and taking only the remaining impasse issues to the court — is often the right outcome. When impasse is reached ask whether the obstacle is informational or positional. The answer determines the next step. --- ### [Partial Agreement](https://www.bestlawaz.com/legal_definition/partial-agreement/) **Published:** July 2, 2026 **Author:** **Content:** A partial agreement resolves some issues in a family law case while leaving others for later negotiation, additional mediation, or court decision. Partial agreements are valuable because they narrow the scope of what remains contested and reduce the cost and uncertainty of subsequent litigation. A partial agreement should be documented as carefully as a complete agreement. The terms agreed should be specific and the issues not yet resolved should be clearly identified. In some cases a partial agreement on the financial issues while parenting remains contested or vice versa allows each spouse to move forward with the resolved aspects of their lives while continuing to work on the remaining issues. --- ### [Global Settlement](https://www.bestlawaz.com/legal_definition/global-settlement/) **Published:** July 2, 2026 **Author:** **Content:** A global settlement resolves every pending issue in a family law case in a single comprehensive agreement. All property, all debt, all support, all parenting issues everything is addressed and the case is all over. Global settlements are the goal. They end the litigation completely, allow both parties to move forward, and produce a decree that addresses every issue rather than leaving questions for future proceedings. In complex cases global settlement requires that all the pieces fit together, the tax implications of the property division must work alongside the support structure, the parenting plan must be workable given where each parent lives, and the financial terms must be sustainable for both parties long-term. --- ### [Collaborative Divorce](https://www.bestlawaz.com/legal_definition/collaborative-divorce/) **Published:** July 2, 2026 **Author:** **Content:** These are very expensive and often unnecessary. Collaborative divorce is a structured private process in which both spouses, their attorneys, and other professionals agree to work toward a settlement without using the court system. All participants sign a participation agreement that requires them to withdraw from the case if it goes to litigation. The withdrawal obligation creates a strong incentive to reach resolution through the collaborative process because starting over with new attorneys is expensive and disruptive. Collaborative divorce is not available or appropriate in every case. It requires good faith participation from both parties and works best when both parties genuinely want to resolve their differences privately and constructively. --- ### [Divorce Coaching](https://www.bestlawaz.com/legal_definition/divorce-coaching/) **Published:** July 2, 2026 **Author:** **Content:** Divorce coaching at Best Law Firm means working with Tali by the hour without a full representation retainer. A coaching client handles their own case but consults with Tali on specific questions, reviews specific documents, prepares for specific hearings, and makes informed decisions with legal guidance available when they need it. We do not file a Notice with the court and coaching does not include trial work. Divorce coaching at $450 per hour with a one-hour minimum and no retainer requirement is designed for clients who are capable of managing their own case but who want access to experienced legal guidance at key moments. Coaching is not appropriate for every case. Complex property disputes, business valuations, contested custody matters with safety concerns, and cases involving domestic violence typically require full representation. Obtaining information and being empowered is critical in your divorce. It is a whole new world to learn so you can make the best decisions for yourself and your children. Coaching provides that legal information so you can make informed decisions. --- ### [Mediation Memo or Statement](https://www.bestlawaz.com/legal_definition/mediation-memo-or-statement/) **Published:** July 2, 2026 **Author:** **Content:** A mediation memo or statement is a document prepared by each party and submitted to the mediator before the mediation session. It summarizes the issues in the case, each party's positions and interests, the settlement history if any, and what the party needs to reach resolution. A well-prepared mediation memo helps the client clarify what they need and want and it helps the mediator prepare efficiently so the session can focus on actual negotiation rather than background explanation. In Arizona family law practice the mediation statement is sometimes called a mediation memo and it is confidential under Rule 40 of the Arizona Rules of Family Law Procedure. It is inadmissible at trial. --- ### [Post-Decree Mediation](https://www.bestlawaz.com/legal_definition/post-decree-mediation/) **Published:** July 2, 2026 **Author:** **Content:** Post-decree mediation addresses disputes that arise after the final decree has been entered. Common post-decree mediation issues include parenting schedule changes, relocation requests, support modification, enforcement disagreements, and disputes about how the decree should be interpreted. Post-decree mediation is often faster and less expensive than post-decree litigation because the parties already have experience with the mediation process and already have a factual baseline from the original case. Some decrees require mediation as a prerequisite to filing any post-decree motion. Even when it is not required it is almost always worth attempting before going back to court. All parenting plans require mediation before court to resolve disputes. --- ### [Confidential Mediation Communication](https://www.bestlawaz.com/legal_definition/confidential-mediation-communication/) **Published:** July 2, 2026 **Author:** **Content:** A confidential mediation communication is any statement, admission, document, or other communication made during or in connection with a mediation session that is protected from disclosure in later proceedings under Arizona Rule of Family Law Procedure 40. Rule 408 makes mediation memos inadmissible at trial and protects what is said in mediation from being used against either party. This protection is what makes mediation a safe space for candid negotiation. The protection has specific exceptions. Agreements reached in mediation are not confidential, they are intended to be binding and enforceable if they are signed and written. Information that would otherwise be discoverable does not become protected simply because it was discussed in mediation. --- ### [Privilege or the Attorney-Client Privilege](https://www.bestlawaz.com/legal_definition/privilege-or-the-attorney-client-privilege/) **Published:** July 2, 2026 **Author:** **Content:** Privilege is a legal protection that allows a person to withhold certain communications from disclosure in litigation. In Arizona family law the most commonly encountered privileges are attorney-client privilege and some counseling or religious privileges. Attorney-Client Privilege belongs to the client not the attorney. Only the client can waive attorney-client privilege. An attorney who discloses privileged communications without authorization violates professional responsibility rules. Privilege has limits. It does not protect communications made to facilitate a crime or fraud. It does not protect facts that were communicated to the attorney, only the communication itself. And privilege can be waived by certain conduct even if unintentional. --- ### [Rule 49 Disclosure](https://www.bestlawaz.com/legal_definition/rule-49-disclosure/) **Published:** July 2, 2026 **Author:** **Content:** Rule 49 disclosure is the mandatory financial and case-related disclosure required by Arizona Rule of Family Law Procedure 49. It requires both parties to produce income documentation, tax returns, financial account statements, asset and debt information, business records if applicable, and child-related information in cases involving children. Rule 49 disclosure is not optional and it is not negotiable. Both parties must comply regardless of whether they believe the information will help or hurt them. The consequences of failing to disclose include sanctions, adverse inference instructions, and exclusion of evidence at trial. --- ### [Initial Disclosure](https://www.bestlawaz.com/legal_definition/initial-disclosure/) **Published:** July 2, 2026 **Author:** **Content:** Initial disclosure is the first required exchange of core information and documents in an Arizona family law case under Rule 49. Both parties have initial disclosure obligations that must be completed within a specified time after the petition is filed. Initial disclosure is the foundation of the financial picture in a family law case. It is not optional and it is not something to delay. The case cannot move forward productively without it. A complete initial disclosure accelerates resolution. It tells the other side what the financial landscape actually looks like. When both sides have complete information they can negotiate more effectively. --- ### [Supplemental Disclosure](https://www.bestlawaz.com/legal_definition/supplemental-disclosure/) **Published:** July 2, 2026 **Author:** **Content:** Supplemental disclosure is updated disclosure provided when new information becomes available, when prior information changes, or when the disclosing party realizes their initial disclosure was incomplete. The duty to supplement runs throughout the case. Common supplemental disclosure triggers include a new job, a changed income, a new financial account, new property acquired during the case, updated account statements, and new witnesses or documents. Failing to supplement disclosure when required creates the same problems as failing to provide initial disclosure. The cure for an oversight is to supplement immediately when the oversight is discovered. --- ### [Continuing Duty to Disclose](https://www.bestlawaz.com/legal_definition/continuing-duty-to-disclose/) **Published:** July 2, 2026 **Author:** **Content:** The continuing duty to disclose means that disclosure is not a one-time event at the beginning of the case. Parties must update and correct their disclosure throughout the pendency when new information becomes available or when previously disclosed information changes. The continuing duty applies to all required disclosure categories financial information, witness lists, document productions, and expert designations. The continuing duty to disclose exists to prevent trial by ambush. Both sides should be working from current accurate information throughout the case not from a snapshot taken at the beginning. --- ### [Financial Disclosure](https://www.bestlawaz.com/legal_definition/financial-disclosure/) **Published:** July 2, 2026 **Author:** **Content:** Financial disclosure is the exchange of income, asset, debt, expense, tax, business, and account information between the parties to give both sides the information they need for a fair financial resolution. It is the most important category of disclosure in the typical family law case. Complete financial disclosure is the foundation of fair settlement negotiations. Without it both sides are guessing about the size of the estate, the income of each party, and the realistic range of support obligations. Financial disclosure documents typically include pay stubs, W-2s and 1099s, personal and business tax returns, bank and investment account statements, retirement account statements, real estate records, loan statements, business financial statements, and the Affidavit of Financial Information. --- ### [Discovery Sanctions](https://www.bestlawaz.com/legal_definition/discovery-sanctions/) **Published:** July 2, 2026 **Author:** **Content:** Discovery sanctions are penalties imposed by the court for failing to disclose required information, refusing to respond to proper discovery requests, destroying or concealing evidence, or violating discovery orders. Sanctions can include adverse inference instructions, exclusion of evidence at trial, attorney fee awards, and in extreme cases striking pleadings. Courts take discovery violations seriously because they undermine the integrity of the fact-finding process. A party who conceals assets or destroys evidence is depriving the court and the other party of the information needed to reach a fair result. Document preservation matters from the moment a divorce is contemplated. Destroying relevant documents after you know or should know that litigation is likely or pending can be characterized as spoliation and can result in serious sanctions. --- ### [Motion to Compel](https://www.bestlawaz.com/legal_definition/motion-to-compel/) **Published:** July 2, 2026 **Author:** **Content:** A motion to compel asks the court to order a party or third party to provide required disclosure, respond to discovery requests, produce documents, or answer deposition questions that they have failed or refused to provide without adequate justification. Before filing a motion to compel the moving party must typically make a good faith effort to resolve the dispute informally. A written follow-up letter identifying the deficiencies and requesting a response within a specified time establishes the record of good faith effort. The cost of a motion to compel must be weighed against the value of what is being sought. Filing a motion to compel for documents that do not significantly affect the outcome is expensive. Filing one for financial records that reveal hidden assets is exactly the right investment. Read the rules and the courts rules before filing such a motion. --- ### [Non-Party Production](https://www.bestlawaz.com/legal_definition/non-party-production/) **Published:** July 2, 2026 **Author:** **Content:** These should be used very carefully. Non-party production is obtaining records from a person or entity that is not a party to the case, typically through a subpoena or a signed authorization. Financial institutions, employers, medical providers, schools, and government agencies are common non-party record sources. Non-party subpoenas must comply with the applicable rules for service, notice, and the scope of what can be requested. The subpoenaed party has the right to object or seek protection from the court if the subpoena is overbroad. Non-party production is particularly valuable in hidden asset cases. A subpoena to a bank for all accounts associated with a party's social security number can reveal accounts that were not disclosed. --- ### [Subpoena Duces Tecum](https://www.bestlawaz.com/legal_definition/subpoena-duces-tecum/) **Published:** July 2, 2026 **Author:** **Content:** A subpoena duces tecum is a subpoena that specifically requires the production of documents, records, or other tangible items rather than live testimony. In Arizona family law subpoenas duces tecum are used to obtain records from financial institutions, employers, medical providers, phone carriers, and other record holders. The subpoena duces tecum must describe the documents sought with reasonable particularity. An overly broad subpoena is subject to objection and may be quashed or narrowed by the court. Records obtained through a subpoena duces tecum must then be disclosed to the other side as part of ongoing disclosure obligations. --- ### [Electronically Stored Information (ESI)](https://www.bestlawaz.com/legal_definition/electronically-stored-information-esi/) **Published:** July 2, 2026 **Author:** **Content:** Electronically stored information is digital evidence — emails, text messages, social media posts, cloud storage files, app data, metadata, financial platform records, and other electronically maintained information — that may be relevant in a family law case. ESI preservation matters from the beginning of any anticipated litigation. Deleting text messages or emails after a divorce is contemplated can constitute spoliation. Many people do not realize that deleted content can often be recovered from device backups, cloud accounts, or carrier records. ESI is increasingly central to family law cases. Text message exchanges about parenting decisions, financial transactions through payment apps, and communications that reveal hidden assets or relationship dynamics are all potentially discoverable and admissible. --- ### [Attorney-Client Privilege](https://www.bestlawaz.com/legal_definition/attorney-client-privilege/) **Published:** July 2, 2026 **Author:** **Content:** Attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of seeking or providing legal advice. It is one of the strongest privileges in the law and it exists to encourage clients to be fully candid with their attorneys. The privilege belongs to the client. Only the client can waive it. An attorney who discloses privileged communications without authorization is in violation of professional responsibility rules. The privilege has limits. It does not protect communications made to facilitate a crime or fraud. It does not protect facts that were communicated to the attorney only the communication itself. --- ### [Burden of Proof](https://www.bestlawaz.com/legal_definition/burden-of-proof/) **Published:** July 2, 2026 **Author:** **Content:** Burden of proof is the obligation one party has to prove their claim or the relief they are requesting to the required legal standard. In Arizona family law different issues carry different burdens of proof. The party who makes the claim generally bears the burden of proving it. In a property division case the party claiming something is separate property bears the burden. In a maintenance case the requesting party bears the burden of establishing eligibility. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) established a two-tiered burden of proof for the domestic violence presumption. Clear and convincing evidence to get unsupervised parenting time or any legal decision making. Preponderance of the evidence to get even supervised parenting time. --- ### [Preponderance of the Evidence](https://www.bestlawaz.com/legal_definition/preponderance-of-the-evidence/) **Published:** July 2, 2026 **Author:** **Content:** Preponderance of the evidence means more likely true than not that the evidence on one side of the scale outweighs the evidence on the other. It is the most common standard in civil litigation including most Arizona family law proceedings. Preponderance is a lower standard than clear and convincing evidence. It does not require certainty. It requires that the trier of fact find it more probable than not that the claimed fact is true. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) a parent who has committed domestic violence must overcome the mandatory presumption by a preponderance of the evidence to obtain even supervised parenting time. --- ### [Clear and Convincing Evidence](https://www.bestlawaz.com/legal_definition/clear-and-convincing-evidence/) **Published:** July 2, 2026 **Author:** **Content:** Clear and convincing evidence is a higher standard of proof than preponderance of the evidence but lower than beyond a reasonable doubt. It requires that the evidence produce a firm belief or conviction that the claimed fact is true. In Arizona family law clear and convincing evidence is required in certain specific proceedings most notably in termination of parental rights cases and under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) for an abusive parent seeking to overcome the domestic violence presumption to obtain unsupervised parenting time or any legal decision making authority. The distinction between preponderance and clear and convincing evidence matters in practice. Evidence sufficient to meet a preponderance standard may not meet the higher clear and convincing standard. --- ### [Admissibility](https://www.bestlawaz.com/legal_definition/admissibility/) **Published:** July 2, 2026 **Author:** **Content:** Admissibility is whether a specific piece of evidence can be considered by the court. Evidence that is not admissible cannot be used to support a finding of fact even if it is relevant and even if the judge is aware of it. In Arizona family court the rules of evidence apply but the court has some flexibility in certain types of proceedings. Temporary orders hearings are often decided on affidavit testimony with a more relaxed evidentiary standard than full trial. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) prior acts of domestic violence are now expressly admissible to prove coercive control even if those acts were previously litigated or predate the current decree. This is a significant expansion of what evidence the court can consider. --- ### [Foundation](https://www.bestlawaz.com/legal_definition/foundation/) **Published:** July 2, 2026 **Author:** **Content:** Foundation is the preliminary showing required before a piece of evidence can be admitted proof that the evidence is what the offering party claims it is and that it is reliable enough for the court to consider. Common foundation requirements include authenticating a document as genuine, establishing that a photograph accurately depicts what is portrayed, confirming that a record is a business record maintained in the ordinary course of business, or establishing that a witness has personal knowledge. Preparing foundation testimony for every exhibit before trial prevents having key evidence excluded because foundation was not properly established. Know in advance how you will authenticate each exhibit. --- ### [Authentication](https://www.bestlawaz.com/legal_definition/authentication/) **Published:** July 2, 2026 **Author:** **Content:** Authentication is the process of proving that a document, photograph, electronic communication, or other piece of evidence is genuine that it is what the offering party claims it to be. Authentication is required before evidence can be admitted. Common authentication methods include testimony from a witness with personal knowledge, evidence of distinctive characteristics combined with other evidence, testimony about where a document was found, or expert testimony. Text messages and social media posts require authentication that someone must establish that the message came from the claimed sender. Metadata, contact names, phone numbers, and corroborating context all contribute to authenticating electronic communications. --- ### [Expert Witness](https://www.bestlawaz.com/legal_definition/expert-witness/) **Published:** July 2, 2026 **Author:** **Content:** An expert witness is a professional who offers specialized opinions based on their training, experience, methodology, and data in a family law case. Common expert witnesses in Arizona family law include business appraisers, forensic accountants, vocational experts, real estate appraisers, mental health professionals, and domestic violence experts. Expert witnesses must be properly disclosed with their opinions, the basis for those opinions, and their qualifications within the time required by the case management order. Failure to properly disclose an expert can result in exclusion of their testimony at trial. Expert witnesses are expensive. Assess whether the likely benefit of expert testimony in a specific case justifies the cost before retaining an expert. --- ### [Lay Witness](https://www.bestlawaz.com/legal_definition/lay-witness/) **Published:** July 2, 2026 **Author:** **Content:** A lay witness gives fact testimony based on their personal knowledge of events they observed, communications they heard, or conditions they perceived. Lay witnesses are distinct from expert witnesses who offer opinions based on specialized knowledge. Common lay witnesses in family law cases include family members, friends, coworkers, neighbors, teachers, and other people with direct knowledge of the parties, the children, or the disputed facts. Lay witnesses can offer opinions in limited circumstances based on their own perceptions, a lay witness can testify that a person appeared to be intoxicated without being a medical expert. But lay opinion is limited and differs from expert opinion in significant ways. --- ### [Custody Evaluator](https://www.bestlawaz.com/legal_definition/custody-evaluator/) **Published:** July 2, 2026 **Author:** **Content:** A custody evaluator is a mental health professional who conducts a comprehensive evaluation of a family's parenting dynamics and produces a report with recommendations about legal decision making and parenting time. Custody evaluations are ordered by the court in complex contested parenting cases. A custody evaluation is a significant undertaking. The evaluator typically interviews both parents, interviews the children, reviews relevant records, may conduct psychological testing, and interviews collateral sources. The process can take months and can cost significant money. Custody evaluator reports carry weight but they are not binding. The court makes its own determination after considering the report alongside all other evidence presented at trial. They are very expensive. --- ### [Child Support Guidelines](https://www.bestlawaz.com/legal_definition/child-support-guidelines/) **Published:** July 2, 2026 **Author:** **Content:** The Arizona Child Support Guidelines are the rules used to calculate presumptive child support in Arizona. Arizona uses an Income Shares model meaning both parents' gross incomes are combined to estimate what the family would have spent on the child if the parents had stayed together. Each parent then contributes to that estimated amount in proportion to their respective incomes. The guidelines produce a presumptive amount. Courts can deviate from the guidelines amount if the standard calculation would be inappropriate or unjust in a particular case. Deviation requires written findings. The guidelines are periodically updated. Confirm you are using the current version before advising any client about child support amounts. --- ### [Child Support Worksheet](https://www.bestlawaz.com/legal_definition/child-support-worksheet/) **Published:** July 2, 2026 **Author:** **Content:** The child support worksheet is the calculation form that shows all of the inputs used to determine Arizona child support and produces the presumptive monthly amount. Both parents' gross incomes, parenting time days, medical insurance costs, childcare costs, and other required inputs go into the worksheet. The worksheet is only as accurate as the information entered. Every input must be documented and current. An incorrect income figure or a wrong parenting time day count produces an incorrect result. When there is a dispute about a child support input the worksheet may need to be run with competing figures to show the court the range of possible outcomes. --- ### [Gross Income](https://www.bestlawaz.com/legal_definition/gross-income/) **Published:** July 2, 2026 **Author:** **Content:** Gross income for child support and spousal maintenance purposes in Arizona is income before deductions and is defined broadly to include wages, salary, commissions, bonuses, dividends, interest, rental income, business income, pension and retirement income, disability income, and virtually any other source of regular income. The definition of gross income for support purposes is broader than the definition used on a tax return. Certain deductions taken on a tax return are not subtracted from gross income for support purposes. When income fluctuates with bonus-driven income, commission income, business income, overtime determining the appropriate income figure requires averaging over a sufficient period to reflect realistic earning capacity. Tax returns are generally very informative. --- ### [Adjusted Gross Income](https://www.bestlawaz.com/legal_definition/adjusted-gross-income/) **Published:** July 2, 2026 **Author:** **Content:** Adjusted gross income for Arizona child support purposes is gross income adjusted for certain guideline-recognized deductions before the support calculation is run. The adjustments recognized by the Arizona Child Support Guidelines are specific and limited, they do not mirror the adjustments on a federal tax return. Recognized adjustments may include certain pre-existing support obligations for other children and other items specifically listed in the guidelines. Using the wrong adjusted gross income figure produces an incorrect support calculation. Confirm the current guideline provisions before advising a client. --- ### [Attribution of Income](https://www.bestlawaz.com/legal_definition/attribution-of-income/) **Published:** July 2, 2026 **Author:** **Content:** Attribution of income means assigning income to a parent or spouse based on their earning capacity or available evidence rather than their reported current income. When a parent is voluntarily unemployed or voluntarily underemployed the court may attribute income at the level the parent could reasonably earn. Attribution is not automatic. The court evaluates the specific circumstances. The reasons for the income gap matter. A genuine barrier to employment is generally not voluntary unemployment and income should not be attributed in that circumstance. Every factual circumstance needs to be analyzed with the current law. --- ### [Imputed Income](https://www.bestlawaz.com/legal_definition/imputed-income/) **Published:** July 2, 2026 **Author:** **Content:** Imputed income is income the court treats a parent as earning even though they currently report little or no income. It is the practical application of the attribution of income concept. The amount imputed depends on what the parent could realistically earn given their specific background. A licensed nurse who has been out of the workforce for four years might have $80,000 to $100,000 imputed. This means that calculations for spousal or child support may be determined on this imputed income, not the actual income or lack of income. A 55-year-old who has not worked in twenty years would have a very different analysis. The party seeking imputation typically bears the burden of establishing what income should be attributed. --- ### [Self-Employment Income](https://www.bestlawaz.com/legal_definition/self-employment-income/) **Published:** July 2, 2026 **Author:** **Content:** Self-employment income is income earned from a business, freelance work, professional practice, or sole proprietorship. Calculating self-employment income for support purposes is more complex than calculating W-2 income because it requires distinguishing between genuine business expenses and personal expenditures. Arizona courts look at the self-employed parent's gross business receipts minus ordinary and necessary business expenses to determine net self-employment income for support purposes. Depreciation is neither automatically included nor automatically excluded from income for child support purposes. The court must look at all circumstances to decide. --- ### [Childcare Costs](https://www.bestlawaz.com/legal_definition/childcare-costs/) **Published:** July 2, 2026 **Author:** **Content:** Childcare costs that are work-related or education-related may affect the Arizona child support calculation as an additional expense shared between the parents. The childcare costs entered into the calculation should be the actual current costs. As children age out of childcare the calculation must be updated to reflect the change. Work-related childcare is different from recreational childcare. The guidelines recognize necessary childcare that enables employment or education. --- ### [Medical Insurance Premium](https://www.bestlawaz.com/legal_definition/medical-insurance-premium/) **Published:** July 2, 2026 **Author:** **Content:** The cost of medical insurance coverage for the child is a specific input in the Arizona child support calculation. The premium attributable to the child's coverage, not the entire family premium is entered into the worksheet. When one parent carries insurance for the child the premium they pay is an input in the calculation. Premium amounts change annually. When insurance costs change the support calculation may need to be updated. --- ### [Cash Medical Support](https://www.bestlawaz.com/legal_definition/cash-medical-support/) **Published:** July 2, 2026 **Author:** **Content:** Cash medical support is a monthly payment component used when health insurance is not available to a parent at a reasonable cost or when a government program requires it as part of a support order. Cash medical support is included in the child support worksheet and is paid through the same payment mechanism as regular child support. Title IV-D cases have specific requirements about cash medical support that may differ from privately resolved cases. --- ### [Uncovered Medical Expenses](https://www.bestlawaz.com/legal_definition/uncovered-medical-expenses/) **Published:** July 2, 2026 **Author:** **Content:** Uncovered medical expenses are costs for a child's medical, dental, vision, orthodontic, therapy, prescription, or other health-related needs that are not paid by insurance. The Arizona Child Support Guidelines provide for sharing these expenses between the parents in proportion to their incomes. The decree should specify what counts as an uncovered medical expense, what notice the paying parent must receive, how reimbursement requests are made, and what the deadline is for submission and payment. There are very specific details and timing for how to document, request and pay these expenses. Ordinary uncovered medical expenses below a certain threshold are sometimes absorbed by each parent during their own parenting time. --- ### [Extraordinary Child Expenses](https://www.bestlawaz.com/legal_definition/extraordinary-child-expenses/) **Published:** July 2, 2026 **Author:** **Content:** Extraordinary child expenses are unusual or significant costs for a child that may justify adjustment to the standard child support calculation or specific allocation in the parenting plan. The Arizona Child Support Guidelines address how certain extraordinary expenses are treated in the calculation. Others are addressed by agreement in the parenting plan or by separate court order. When extraordinary expenses are anticipated the parenting plan should address how they are approved, how costs are shared, and what happens if the parents disagree. --- ### [Educational Expenses](https://www.bestlawaz.com/legal_definition/educational-expenses/) **Published:** July 2, 2026 **Author:** **Content:** Educational expenses include tuition, fees, supplies, testing costs, tutoring, and other costs associated with a child's education beyond what the public school system provides. The decision about which school a child attends is a major decision subject to legal decision making authority. Post-secondary educational expenses are generally not included in the standard child support calculation but may be addressed by agreement. --- ### [Travel Expenses for Parenting Time](https://www.bestlawaz.com/legal_definition/travel-expenses-for-parenting-time/) **Published:** July 2, 2026 **Author:** **Content:** Travel expenses for parenting time are transportation costs incurred when parents live at a significant distance from each other and one or both parents must travel to exercise or facilitate court-ordered parenting time. The parenting plan should specify who pays travel costs, how costs are shared, what qualifies as a reimbursable travel expense, and how reimbursement requests are made. Travel parenting plans for long-distance families require more detailed scheduling provisions than local plans. --- ### [Parenting Time Adjustment](https://www.bestlawaz.com/legal_definition/parenting-time-adjustment/) **Published:** July 2, 2026 **Author:** **Content:** The parenting time adjustment is the modification to the base child support calculation that reflects the number of days or overnights each parent has with the child. The more time a parent spends with the child the greater the reduction in that parent's support obligation. The parenting time days used in the calculation must match the actual court-ordered schedule. When parenting time changes significantly enough to affect the support calculation a support modification may be warranted. --- ### [Support Clearinghouse](https://www.bestlawaz.com/legal_definition/support-clearinghouse/) **Published:** July 2, 2026 **Author:** **Content:** The Arizona Support Payment Clearinghouse is the payment-processing system used for child support and in some cases spousal maintenance payments in Arizona. Payments go through the Clearinghouse rather than directly between the parties creating an official record of every payment made and received. The Clearinghouse record is the definitive accounting of payment history. Direct payments do not appear in the Clearinghouse record and can create disputes about what has actually been paid. The Clearinghouse is accessed through the Arizona Department of Economic Security. Every child support order should include Clearinghouse routing information. --- ### [Income Withholding Order](https://www.bestlawaz.com/legal_definition/income-withholding-order/) **Published:** July 2, 2026 **Author:** **Content:** An income withholding order is a court order directing an employer or other income source to withhold child support or spousal maintenance payments from the paying party's wages or income and send them to the Arizona Support Payment Clearinghouse. Income withholding orders are standard in most Arizona child support cases. They protect the receiving parent from having to chase payments and create a clear payment record through the Clearinghouse. An income withholding order must be served on the employer according to specific requirements. When the paying parent changes jobs the income withholding order should be served on the new employer promptly. --- ### [Support Arrears Calculation](https://www.bestlawaz.com/legal_definition/support-arrears-calculation/) **Published:** July 2, 2026 **Author:** **Content:** A support arrears calculation determines the amount of unpaid support that has accumulated including credits for payments made, interest, and any applicable offsets. The Clearinghouse maintains an official record of all payments processed through the system. That record is the starting point for any arrears calculation in a case where payments went through the Clearinghouse. A clear and well-documented arrears calculation is essential before filing any enforcement action. --- ### [Retroactive Child Support](https://www.bestlawaz.com/legal_definition/retroactive-child-support/) **Published:** July 2, 2026 **Author:** **Content:** Retroactive child support is support ordered for a past period before the current order was established. In Arizona retroactive support is available in certain circumstances and is subject to statutory limits and equitable considerations. The most common retroactive support situation arises in paternity cases where paternity is established after the child has been born and support was not previously ordered. Retroactive support is not available to simply recapture the period before a modification petition was filed when an existing order was already in place. --- ### [Support Modification](https://www.bestlawaz.com/legal_definition/support-modification/) **Published:** July 2, 2026 **Author:** **Content:** Support modification is the process of changing an existing child support or spousal maintenance order when the applicable legal standard is met. Child support modification requires a showing of a substantial and continuing change in circumstances. A modification petition is required. Support does not modify itself when circumstances change. The paying parent who experiences a job loss needs to file for modification immediately because support continues to accrue at the current rate until a modification order is entered. Retroactive modification of child support to a date before the petition is generally not available. --- ### [Emancipation](https://www.bestlawaz.com/legal_definition/emancipation/) **Published:** July 2, 2026 **Author:** **Content:** Emancipation is the legal status or event that ends the current child support obligation under Arizona law. In most cases child support continues until the child turns 18 or graduates from high school whichever is later but no later than age 19. Child support may continue past 18 or may end earlier depending on specific circumstances. A child with a disability who cannot be self-supporting may qualify for extended support. When there are multiple children support does not end for all children when the oldest reaches the termination age it reduces as each child reaches their termination date. --- ### [Termination of Support](https://www.bestlawaz.com/legal_definition/termination-of-support/) **Published:** July 2, 2026 **Author:** **Content:** Termination of support is the ending of a child support or spousal maintenance obligation by operation of law, court order, emancipation, or another qualifying event specified in the decree. For child support the decree should specify the termination date for each child. For spousal maintenance the decree should specify whether the obligation terminates at a fixed date, upon remarriage, upon cohabitation, upon death, or upon some other event. When support terminates but the other party continues to receive payments through a wage assignment the wage assignment must be terminated through the court. --- ### [Spousal Maintenance Guidelines](https://www.bestlawaz.com/legal_definition/spousal-maintenance-guidelines/) **Published:** July 2, 2026 **Author:** **Content:** The Arizona Spousal Maintenance Guidelines are the framework the court uses to calculate the amount and duration of spousal maintenance after first determining that a spouse is eligible under A.R.S. § 25-319(A). Arizona adopted formal guidelines effective September 2025 replacing the prior purely discretionary analysis with a structured range-based calculation. The guidelines use the Arizona Spousal Maintenance Calculator maintained by the Maricopa County Superior Court at superiorcourt.maricopa.gov. The current version took effect January 1, 2026. Both spouses' incomes, family size, marriage length, and ages are the primary inputs. The output is a range of low, midpoint, and high for the monthly amount and a duration range. The guidelines produce a range not a number. The court then decides where within the range the award falls or whether specific circumstances justify going outside the range with written findings explaining the deviation. --- ### [Temporary Spousal Maintenance](https://www.bestlawaz.com/legal_definition/temporary-spousal-maintenance/) **Published:** July 2, 2026 **Author:** **Content:** Temporary spousal maintenance is support ordered while a divorce or legal separation case is pending before a final decree is entered. It addresses the immediate financial disparity between the spouses while the case works its way through the system. Temporary maintenance is not a preview of the final award. The court makes temporary orders based on limited information available at the time. The final hearing starts fresh with complete financial information. The best approach when both parties can be reasonable is to negotiate a temporary maintenance arrangement by Rule 69 agreement rather than go to a hearing. Include subject to reallocation at final trial or settlement language. --- ### [Rehabilitative Maintenance](https://www.bestlawaz.com/legal_definition/rehabilitative-maintenance/) **Published:** July 2, 2026 **Author:** **Content:** Rehabilitative maintenance is support intended to help a spouse become self-sufficient through education, training, reentry into the workforce, or the transition period needed to find appropriate employment. It is time-limited and focused on the receiving spouse's path to self-sufficiency. Rehabilitative maintenance is most appropriate for a spouse who has real earning capacity that needs to be developed or reactivated. It is not called this in practice but it is part of the analysis to incorporate into the arguments for spousal maintenance. The duration of rehabilitative maintenance should match the realistic timeline for self-sufficiency rather than a generic timeframe. --- ### [Indefinite Maintenance](https://www.bestlawaz.com/legal_definition/indefinite-maintenance/) **Published:** July 2, 2026 **Author:** **Content:** Indefinite maintenance is spousal maintenance without a fixed end date. It terminates on death, remarriage, or other qualifying events and can be modified if circumstances change substantially unless made non-modifiable by agreement. Indefinite maintenance is appropriate in cases where self-sufficiency is genuinely not a realistic expectation given the receiving spouse's age, the length of the marriage, and the income gap. A negotiated non-modifiable agreement with a defined structure is almost always a better outcome than indefinite court-ordered maintenance for both parties. --- ### [Maintenance Eligibility](https://www.bestlawaz.com/legal_definition/maintenance-eligibility/) **Published:** July 2, 2026 **Author:** **Content:** Maintenance eligibility is the threshold question of whether a spouse qualifies to receive spousal maintenance under A.R.S. § 25-319(A). It is the first question the court must answer before any amount or duration analysis begins. The eligibility question in Arizona focuses on whether the requesting spouse can be self-sufficient at the standard of living the marriage established. Once eligibility is found the court must run the calculator and determine the guideline ranges in amount and duration. --- ### [Maintenance Amount](https://www.bestlawaz.com/legal_definition/maintenance-amount/) **Published:** July 2, 2026 **Author:** **Content:** Maintenance amount is the monthly dollar figure ordered or agreed to for spousal maintenance. Under the Arizona Spousal Maintenance Guidelines the calculator produces a range for amount and duration and the court decides where within that range to set the amount. Factors that can move the amount toward the high end include a long marriage, a large income gap, a lifestyle that significantly exceeds what the guidelines capture, age and limited employability of the receiving spouse. Factors that can move the amount toward the low end include strong attributed earning capacity, separate property available to the receiving spouse, a short marriage, and a combined income level that triggers the high-income adjustment. --- ### [Maintenance Duration](https://www.bestlawaz.com/legal_definition/maintenance-duration/) **Published:** July 2, 2026 **Author:** **Content:** Maintenance duration is how long spousal maintenance is paid. The Arizona Spousal Maintenance Guidelines produce a duration range expressed in months based on the length of the marriage. When the Rule of 65 applies the standard duration cap does not govern. Duration is where judicial discretion is widest and where the specific facts of the case matter most. A negotiated non-modifiable agreement on maintenance duration gives both parties certainty that a court order cannot provide. --- ### [Maintenance Termination](https://www.bestlawaz.com/legal_definition/maintenance-termination/) **Published:** July 2, 2026 **Author:** **Content:** Maintenance termination is the ending of the spousal maintenance obligation. The specific termination events depend on the decree terms and Arizona law. Standard termination events include the end of the specified term, death of either party, and remarriage of the receiving spouse. Whether cohabitation terminates maintenance depends on what the decree says. Arizona law does not automatically terminate maintenance upon cohabitation the way remarriage does. When maintenance terminates the income withholding order or payment arrangement must also be terminated. --- ### [Legal Parent](https://www.bestlawaz.com/legal_definition/legal-parent/) **Published:** July 2, 2026 **Author:** **Content:** A legal parent is a biological or adoptive parent whose parental rights have not been terminated and whose parentage is legally recognized. Legal parent status determines who has the right to seek legal decision making and parenting time, who has the obligation to pay child support, and who has constitutional parental rights that the court must respect. Biological connection alone does not always create legal parent status. A man who is the biological father but who has never established legal paternity is not a legal parent for purposes of Arizona family court proceedings. Two legal parents with conflicting positions on parenting issues receive equal weight from the court starting from the same legal baseline unless the case falls within the protections of the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act). --- ### [Biological Parent](https://www.bestlawaz.com/legal_definition/biological-parent/) **Published:** July 2, 2026 **Author:** **Content:** A biological parent is a person who contributed genetic material to a child's conception. Biological connection is relevant to parentage but it does not by itself create legal parent status in every circumstance. A biological father who has not established legal paternity has no enforceable parenting rights and no enforceable support obligation until paternity is legally established. In cases involving assisted reproduction, surrogacy, and embryo donation the identity of the biological parent and the identity of the legal parent may not be the same person. --- ### [Presumed Father](https://www.bestlawaz.com/legal_definition/presumed-father/) **Published:** July 2, 2026 **Author:** **Content:** A presumed father is a man Arizona law treats as the legal father based on specific circumstances being married to the mother at the time of birth, signing the birth certificate, signing a voluntary acknowledgment of paternity, or openly treating the child as his own and establishing a parental relationship. The presumed father presumption can be challenged but within specific time limits and under specific circumstances. Once the window for challenge closes the presumption becomes legally conclusive in many situations. Presumed father status creates both rights and obligations. A presumed father has the right to seek legal decision making and parenting time. He also has the obligation to pay child support. --- ### [Putative Father](https://www.bestlawaz.com/legal_definition/putative-father/) **Published:** July 2, 2026 **Author:** **Content:** A putative father is a man alleged or believed to be the biological father of a child whose legal paternity has not yet been formally established. Putative father status is a starting point not a legal conclusion. A putative father who wants to establish parental rights must act to legally establish his paternity within the applicable time limits. Failing to establish paternity can result in the loss of parental rights. Arizona maintains a Putative Father Registry that allows men who believe they may have fathered a child to register their potential legal status with their baby. Registration provides notice of adoption proceedings. --- ### [Voluntary Acknowledgment of Paternity](https://www.bestlawaz.com/legal_definition/voluntary-acknowledgment-of-paternity/) **Published:** July 2, 2026 **Author:** **Content:** A voluntary acknowledgment of paternity is a signed legal document through which a man and a child's mother jointly acknowledge that the man is the child's biological and legal father. It is typically completed at the hospital at the time of the child's birth but can be completed later. A properly completed and filed voluntary acknowledgment of paternity creates legal paternity without a court proceeding. It can be rescinded within a short period after signing but becomes binding and can only be challenged in limited circumstances after that window closes. Before signing a voluntary acknowledgment of paternity understand that it creates both parental rights and parental obligations. --- ### [Genetic Testing](https://www.bestlawaz.com/legal_definition/genetic-testing/) **Published:** July 2, 2026 **Author:** **Content:** Genetic testing is scientific testing using DNA analysis to establish or exclude biological parentage. In Arizona paternity cases genetic testing can confirm or exclude biological fatherhood with a high degree of certainty. Courts can order genetic testing in contested paternity proceedings. A party who refuses court-ordered genetic testing may have an adverse inference drawn against them. Genetic testing is not always required when paternity is established by acknowledgment or by legal presumption and those are not being challenged. --- ### [Birth Certificate Amendment](https://www.bestlawaz.com/legal_definition/birth-certificate-amendment/) **Published:** July 2, 2026 **Author:** **Content:** Birth certificate amendment is the administrative process of changing a child's birth record after parentage, name, or other legal facts are legally established or changed through a court order. Birth certificate amendments are processed through the Arizona Department of Health Services or the relevant state agency in the state where the birth was recorded. For children born in other states the amendment process goes through that state's vital records office. An Arizona court order establishing paternity for a child born in another state must be submitted to that state. --- ### [Tie-Breaking Authority](https://www.bestlawaz.com/legal_definition/tie-breaking-authority/) **Published:** July 2, 2026 **Author:** **Content:** Tie-breaking authority gives one parent the final say on a specific category of major decisions when the joint legal decision-making parents cannot reach agreement after the required consultation process. Tie-breaking authority can be structured in different ways. One parent may have tie-breaking authority on all major decisions. Or tie-breaking authority may be divided by category. Tie-breaking authority should be given to the parent who is better positioned to make the specific type of decision effectively and in the child's best interests. --- ### [Major Decisions](https://www.bestlawaz.com/legal_definition/major-decisions/) **Published:** July 2, 2026 **Author:** **Content:** Major decisions are the significant child-related choices that legal decision making authority covers in Arizona: where the child goes to school, what medical treatment the child receives for non-emergency conditions, what religious instruction or ceremonies the child participates in, and what personal care decisions affect the child's life in significant ways. The distinction between major decisions and routine decisions matters because routine decisions are made by each parent independently during their own parenting time without consulting the other parent. The parenting plan should define what counts as a major decision requiring consultation versus a routine decision each parent can make independently. --- ### [Routine Decisions](https://www.bestlawaz.com/legal_definition/routine-decisions/) **Published:** July 2, 2026 **Author:** **Content:** Routine decisions are the ordinary day-to-day choices a parent makes during their own parenting time without consulting the other parent. What the child eats, what they wear, what activities they do on a given day, what time they go to bed are routine decisions within each parent's authority during their own time. The boundary between routine decisions and major decisions is not always obvious. Defining the categories clearly in the parenting plan reduces the scope of what can become a dispute. Each parent has authority over their own household during their own parenting time. --- ### [Establishment of Legal Decision Making](https://www.bestlawaz.com/legal_definition/establishment-of-legal-decision-making/) **Published:** July 2, 2026 **Author:** **Content:** Establishment of legal decision making is the first court determination of which parent or parents have authority to make major decisions for a child. In a dissolution case this determination is made as part of the final decree. In a paternity case it is made when the court enters the initial parenting order. The establishment order sets the baseline from which any future modification request must depart. Once established legal decision making can only be changed through a modification proceeding showing a substantial and continuing change in circumstances. First orders matter. Getting the initial legal decision making structure right whether joint with specific tie-breaking provisions or sole with defined parameters is worth the investment of time and thought. Vague first orders produce unclear second orders. --- ### [Temporary Legal Decision Making](https://www.bestlawaz.com/legal_definition/temporary-legal-decision-making/) **Published:** July 2, 2026 **Author:** **Content:** Temporary legal decision making is an interim order assigning decision making authority while the dissolution or modification case is pending before final judgment. Like all temporary orders it is designed to maintain the status quo and protect the child during the pendency, not to predict or predetermine the final outcome. Temporary legal decision making orders are based on limited information available at the time. The court can and does revisit them at the final hearing. A trial court is not bound by its temporary orders and may revisit them entirely at the final hearing. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) when domestic violence is alleged at a temporary orders hearing the court must make specific written findings on the evidence of domestic violence even at the temporary stage. This is a significant change from prior law. --- ### [Final Decision Making Authority](https://www.bestlawaz.com/legal_definition/final-decision-making-authority/) **Published:** July 2, 2026 **Author:** **Content:** Final decision making authority is the designated right of one parent to make the final call on specified categories of major decisions after a required consultation process has been completed without reaching agreement. It is the operative mechanism in joint legal decision making orders when parents cannot agree. Final decision making authority is different from sole legal decision making. In a sole legal decision making arrangement one parent makes major decisions without being required to consult the other. In a joint arrangement with final decision making authority designated to one parent both parents participate in the consultation before the final decision maker acts. The parent designated with final decision making authority on a specific category carries the responsibility that comes with it. If that decision turns out to be wrong or harmful the court will look at who made it. That accountability should inform how the designation is structured in the parenting plan. --- ### [Education Decision Making](https://www.bestlawaz.com/legal_definition/education-decision-making/) **Published:** July 2, 2026 **Author:** **Content:** Education decision making covers the major decisions about a child's schooling including which school the child attends, what educational services the child receives, tutoring, significant academic decisions, special education evaluations, and major testing choices. When parents share joint legal decision making both parents must agree on educational decisions or follow the tie-breaking process in the parenting plan. When one parent has final decision making authority on education that parent makes the call after the required consultation. The school enrollment decision flows from legal decision making authority and parenting time allocation. Confirming which school the child will attend and which parent's address governs enrollment is essential to prevent disputes at the start of every school year. Address it specifically in the parenting plan. --- ### [Medical Decision Making](https://www.bestlawaz.com/legal_definition/medical-decision-making/) **Published:** July 2, 2026 **Author:** **Content:** Medical decision making covers nonemergency healthcare decisions for the child including choice of providers, treatment plans, therapy, medication, mental health care, and access to medical records. Emergency medical decisions are addressed separately — in emergencies the parent with the child makes immediate decisions and notifies the other parent as soon as possible. When parents share joint legal decision making they must agree on medical decisions or follow the tie-breaking process. Disagreements about treatment plans, medication choices, and therapy providers are common joint decision making disputes. Both parents are entitled to access the child's medical records regardless of legal decision making structure. A provider cannot refuse to share records with a legal parent based on the other parent's request. The parenting plan should confirm this explicitly. --- ### [Religious Upbringing](https://www.bestlawaz.com/legal_definition/religious-upbringing/) **Published:** July 2, 2026 **Author:** **Content:** Religious upbringing covers major decisions about a child's religious training, instruction, ceremonies, and participation in religious activities. It is one of the categories of major decisions subject to legal decision making authority. When parents share different religious beliefs or practices disagreements about religious upbringing can be among the most contentious in a contested parenting case. The court is limited in how it can resolve religious disputes by constitutional principles that restrict government interference with religious practice. The parenting plan should address religious upbringing practically which religious activities require both parents' consent, what each parent can do during their own parenting time without the other's agreement, and how conflicts about major religious commitments will be resolved. It is common for each parent to practice whatever religion they prefer while their children are on their parenting time. It is possible for the child to be raised in two separate religions. --- ### [Parenting Coordinator](https://www.bestlawaz.com/legal_definition/parenting-coordinator/) **Published:** July 2, 2026 **Author:** **Content:** A parenting coordinator is a neutral professional appointed in some high-conflict cases to help implement parenting orders, resolve parenting disputes, and reduce litigation between parents who cannot resolve disagreements on their own. In Arizona parenting coordinators may have authority to make decisions on specific lower-level parenting issues within the scope of their appointment. Parenting coordinators are not mediators and they are not judges. Their role is defined by the court order appointing them. Some parenting coordinators have binding decision making authority within their scope. Others serve only an advisory or facilitative function. Parenting coordinator appointments are expensive for clients. They are most appropriate in cases where the parenting conflict is chronic and severe and where the cost of ongoing litigation exceeds the cost of coordination. Assess whether a parenting coordinator appointment actually serves the child before recommending one. --- ### [Court-Appointed Advisor](https://www.bestlawaz.com/legal_definition/court-appointed-advisor/) **Published:** July 2, 2026 **Author:** **Content:** A court-appointed advisor, sometimes called a CAA in Maricopa County practice, is a court-connected professional appointed to investigate and advise the court on child-related issues. The CAA may interview parents, children, and other relevant people, review records, and prepare a report with recommendations about legal decision making and parenting time. CAA reports carry weight with the court but they are not binding. The court makes its own determination after considering the CAA report along with all other evidence presented at trial. The scope of the CAA's appointment, what they can investigate, and how their report reaches the court are all governed by the appointment order. Read the appointment order carefully. Help the court craft it if you are able. --- ### [Best-Interests Factors](https://www.bestlawaz.com/legal_definition/best-interests-factors/) **Published:** July 2, 2026 **Author:** **Content:** Best-interests factors are the statutory and case-specific facts the court weighs to decide legal decision making and parenting time under A.R.S. § 25-403. The factors include the relationship of the child with each parent, the child's adjustment to home, school, and community, the mental and physical health of all persons involved, domestic violence or child abuse history, which parent is more likely to allow meaningful contact with the other safe parent, and the child's wishes if the child is of suitable age and maturity. The best-interests analysis is fact-intensive and case-specific. No single factor is automatically determinative. A judge can weigh the factors differently based on the specific family and the specific child. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the best-interests analysis in domestic violence cases has been fundamentally changed. The court must now apply a mandatory presumption against the abusive parent, treat safety as the highest priority, and make specific written findings on the domestic violence evidence. The general best-interests framework continues to apply but it operates within and after the mandatory presumption analysis. --- ### [Child Interview](https://www.bestlawaz.com/legal_definition/child-interview/) **Published:** July 2, 2026 **Author:** **Content:** A child interview is a court-authorized conversation with a child about their experiences, preferences, and wellbeing in a family law case. Arizona courts can interview a child to determine their wishes and relevant information about their adjustment to each home. This is very rare. Any communication from the child is often best received from their therapist who is well educated in the trauma based therapy required in such cases. Child interviews must be handled carefully to avoid pressure, coaching, and emotional harm. Courts often interview children in chambers without the parents present. The manner in which a child is interviewed affects the reliability and weight of what they share. This is rare. We have not seen it done in thousands of cases in 19 years. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the child's stated preference to maintain or increase contact with the abusive parent is expressly irrelevant to the domestic violence analysis. A child's expressed preference may still be relevant to other aspects of the best-interests determination if they are older teenagers. --- ### [Safe Exchange Location](https://www.bestlawaz.com/legal_definition/safe-exchange-location/) **Published:** July 2, 2026 **Author:** **Content:** A safe exchange location is a designated neutral place for transferring a child between parents that reduces conflict and safety risks at exchanges. Common safe exchange locations include police station lobbies, fire stations, supervised exchange centers, and other neutral public spaces. Safe exchange locations are most commonly used in high-conflict cases where direct parental contact at exchange creates safety concerns, intimidation, or chronic conflict that harms the child. In domestic violence cases a safe exchange location is often necessary to protect the victim parent. The parenting plan should specify the exchange location precisely with the specific address, who drops off and who picks up, the time, and the protocol if a parent is late or does not appear. --- ### [Safety-Focused Parenting Plan](https://www.bestlawaz.com/legal_definition/safety-focused-parenting-plan/) **Published:** July 2, 2026 **Author:** **Content:** A safety-focused parenting plan is a parenting plan specifically structured around identified safety concerns including domestic violence, child abuse, substance use, mental health instability, or abduction risk. It incorporates protective measures directly into the schedule, exchange, and communication provisions. A safety-focused parenting plan typically includes provisions for supervised exchanges, protected exchange locations, restricted communication between parents, drug and alcohol testing requirements, conditions on parenting time related to sobriety or treatment compliance, passport and travel controls, and dispute resolution processes designed to minimize direct contact. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) when a court enters a parenting order after a domestic violence finding the protective conditions must be specifically documented in the order with written findings explaining why they serve the child's best interests. --- ### [Graduated Parenting Plan](https://www.bestlawaz.com/legal_definition/graduated-parenting-plan/) **Published:** July 2, 2026 **Author:** **Content:** A graduated parenting plan is a parenting plan that increases one parent's parenting time in defined steps as specified conditions are met, milestones are reached, or the child successfully adjusts to the relationship. It is used when a full parenting time schedule is not immediately appropriate but a path to increased access is realistic. Common graduated triggers include completion of a treatment program, demonstration of sobriety over a defined period, successful completion of supervised parenting time, or a clinical recommendation that the relationship is ready for expanded contact. Graduated plans require clear drafting. Each step must specify exactly what triggers the increase, what evidence of the trigger is required, and what the next schedule looks like. Ambiguous triggers produce litigation about whether the trigger has been met. --- ### [Long-Distance Parenting Plan](https://www.bestlawaz.com/legal_definition/long-distance-parenting-plan/) **Published:** July 2, 2026 **Author:** **Content:** A long-distance parenting plan is a parenting plan designed for families where the parents live at a significant distance from each other making the standard weekly alternating schedule impractical. Long-distance plans typically concentrate parenting time into blocks such as extended school breaks, summers, and holidays rather than trying to replicate weekly contact across a long distance. The specific block schedule depends on the child's age, school calendar, the distance involved, and the practical realities of travel. A long-distance plan must address travel costs who pays, how costs are shared, and what qualifies as a reimbursable expense in specific detail. It must also address how virtual contact supplements the in-person schedule and what happens if travel is disrupted. Care must be taken not to award all the free vacation time to the distant parent. That could unfairly make one parent take care of all the upkeep and maintenance time with the child and the other parent gets all the “fun” time, all the out of school time. It is often helpful for the distance parent to exercise time in the child’s city and not make them do all the traveling. --- ### [School-Year Schedule](https://www.bestlawaz.com/legal_definition/school-year-schedule/) **Published:** July 2, 2026 **Author:** **Content:** A school-year schedule defines the parenting time arrangement during the academic year. It should be built around the specific school calendar the child actually attends rather than a generic academic year assumption. The school-year schedule typically addresses the regular weekly pattern of overnights, which parent has the child on which school nights, and how school pickup and drop-off are coordinated. It should account for the child's extracurricular commitments and how those interact with the parenting schedule. The school-year schedule and the summer schedule are usually different because the logistical constraints that drive the school-year arrangement do not apply in the same way during summer. --- ### [Summer Break Schedule](https://www.bestlawaz.com/legal_definition/summer-break-schedule/) **Published:** July 2, 2026 **Author:** **Content:** A summer break schedule defines the parenting time arrangement during school vacation and typically differs meaningfully from the regular school-year schedule. Because the logistical constraints of the school year do not apply during summer the schedule can often give each parent longer blocks of uninterrupted time with the child. The summer schedule should define when it begins and ends relative to the school calendar, how the summer is divided between parents, whether one parent has a longer block or whether time is divided in alternating segments, and how summer activities and camps are handled. Vacation provisions often overlap with the summer schedule. The parenting plan should address how vacation time interacts with the summer schedule which controls when they conflict, how much advance notice is required, and whether one parent's vacation can displace the other's regular summer schedule. --- ### [Motion](https://www.bestlawaz.com/legal_definition/motion/) **Published:** July 2, 2026 **Author:** **Content:** A motion is a written request asking the court to enter a specific order. In Arizona family law motions are used to request temporary relief, compel discovery, seek sanctions, continue hearings, exclude evidence, enforce orders, and address countless other procedural and substantive issues. A motion must state what is being requested, the legal basis for the request, and the facts that support it. Most motions must be served on the other party who then has the right to file a response. File motions strategically. Every motion is an opportunity to present your position to the court and an opportunity to be evaluated on your judgment, your preparation, and your professionalism. File motions when they are warranted and when the likely benefit justifies the cost. --- ### [Motion to Continue](https://www.bestlawaz.com/legal_definition/motion-to-continue/) **Published:** July 2, 2026 **Author:** **Content:** A motion to continue asks the court to move a hearing, conference, trial, or deadline to a later date. In Arizona family law continuances require either the agreement of both parties or a showing of good cause to the court. Courts are generally reluctant to grant continuances of trial dates. Early hearing dates are more easily continued. The later in the case a continuance is sought the more the court needs to see a genuine reason for the delay. When a continuance is necessary address it as early as possible. Seek opposing counsel's agreement first. If agreement cannot be reached file the motion well in advance of the hearing date with a clear explanation of the need. --- ### [Motion to Set](https://www.bestlawaz.com/legal_definition/motion-to-set/) **Published:** July 2, 2026 **Author:** **Content:** A motion to set asks the court to schedule a specific hearing, trial, conference, or other proceeding. In Maricopa County family law cases certain events are scheduled by the court automatically. Others require a party to request scheduling through a motion to set or a scheduling request. The motion to set should identify the type of hearing needed, the estimated time required, the issues to be addressed, and any scheduling preferences or conflicts. Knowing when and how to request hearings is part of effective case management. An attorney who understands the local scheduling practices and the typical timelines in Maricopa County can manage the case calendar more effectively. --- ### [Notice of Appearance](https://www.bestlawaz.com/legal_definition/notice-of-appearance/) **Published:** July 2, 2026 **Author:** **Content:** A notice of appearance is a filing by an attorney informing the court and all parties that the attorney now represents a specific party in the case. Once a notice of appearance is filed all communications from the court and from opposing counsel go to the attorney rather than directly to the party. A notice of appearance also puts opposing counsel on notice that they cannot contact the represented party directly. Direct contact with a represented party by opposing counsel violates the rules of professional conduct. When an attorney withdraws from a case a notice of withdrawal or a substitution of counsel replaces the notice of appearance. Until a withdrawal or substitution is filed the attorney of record remains responsible for the case. --- ### [Notice of Default](https://www.bestlawaz.com/legal_definition/notice-of-default/) **Published:** July 2, 2026 **Author:** **Content:** A notice of default informs the other party that a default has been entered or requested because they did not file a timely response. In Arizona family law receiving a notice of default should trigger immediate action. The window for setting aside a default is limited and the consequences of letting it go can be severe. A notice of default is not a final judgment. It is notice that the process of obtaining a default judgment has begun. The responding party still has an opportunity to address the situation but they must act quickly. If you receive a notice of default in a family law case contact an attorney immediately. Do not wait. Do not assume the problem will resolve itself. Every day of delay narrows the options. --- ### [Notice of Hearing](https://www.bestlawaz.com/legal_definition/notice-of-hearing/) **Published:** July 2, 2026 **Author:** **Content:** A notice of hearing provides formal notice of the date, time, location or platform, and subject matter of a court hearing. In Arizona family law both parties must receive proper notice of any hearing before the court can take action. Due process requires notice and an opportunity to be heard. Notices of hearing may come from the court, from opposing counsel, or from both depending on the type of proceeding. When you receive a notice of hearing read it carefully. Note the date, time, and what is being addressed. Calendar it immediately. Prepare for it. If you do not receive notice of a hearing and an order is entered at that hearing without your knowledge you may have grounds to seek relief from the order. But the better practice is to ensure that the court and opposing counsel always have your current contact information. --- ### [Order to Appear](https://www.bestlawaz.com/legal_definition/order-to-appear/) **Published:** July 2, 2026 **Author:** **Content:** An order to appear is a court directive requiring a specific person to attend a hearing or proceeding. In Arizona family law orders to appear are issued in contempt proceedings, enforcement hearings, and other situations where the court needs a party or witness to be present. An order to appear is not optional. Failing to appear after receiving an order to appear can result in a bench warrant, additional contempt findings, or other sanctions. If you receive an order to appear that you believe is improper or that creates genuine hardship address it with your attorney immediately. Do not simply ignore it. The remedy for a problematic order to appear is to challenge it through the proper legal process. --- ### [Pleading](https://www.bestlawaz.com/legal_definition/pleading/) **Published:** July 2, 2026 **Author:** **Content:** A pleading is a formal court document that states claims, defenses, responses, or requests for relief. In Arizona family law the core pleadings in a dissolution case are the petition, the response, and any counter-petition. Pleadings must be signed by the filing party or their attorney. Signing a pleading is a certification that the allegations are true to the best of the signer's knowledge and that the filing is not made for an improper purpose. The quality of the pleadings sets the foundation for the case. A well-drafted petition states the issues clearly, requests appropriate relief, and avoids overreaching. A well-drafted response addresses each allegation specifically and preserves the respondent's defenses and positions. --- ### [Pretrial Statement](https://www.bestlawaz.com/legal_definition/pretrial-statement/) **Published:** July 2, 2026 **Author:** **Content:** A pretrial statement is a comprehensive trial preparation document submitted to the court before trial identifying witnesses, exhibits, legal issues, settled matters, remaining disputes, proposed orders, and the relief each party is requesting. In Maricopa County pretrial statement requirements vary by judge. Read the Minute Entry and any standing orders before drafting one. The pretrial statement is the court's primary source of information about what is contested, what evidence will be presented, and what each side is asking for. A thorough well-organized pretrial statement helps the judge prepare for trial and understand the case. It outlines all of your positions, evidence, and requests. --- ### [Proposed Form of Order](https://www.bestlawaz.com/legal_definition/proposed-form-of-order/) **Published:** July 2, 2026 **Author:** **Content:** A proposed form of order is a draft order submitted to the court for signature after a ruling, an agreement, or a request has been made. The court reviews the proposed form and either signs it, modifies it, or rejects it. A proposed form of order must accurately reflect what was agreed or what the court ruled. It is not an opportunity to introduce new terms or to shade the language in a way that changes the substance of what was decided. Proposed orders should be submitted promptly. Confirm the format the assigned judge prefers. Some judges have specific requirements about how proposed orders are submitted and what happens if there is a dispute about the form. --- ### [Reply](https://www.bestlawaz.com/legal_definition/reply/) **Published:** July 2, 2026 **Author:** **Content:** A reply is a filing that responds to arguments raised in the opposing party's response to a motion or petition when the procedural rules allow it. In Arizona family law replies are permitted in certain situations and prohibited or limited in others depending on the type of motion and the local rules. A reply should address new arguments raised in the response. It is not an opportunity to re-argue everything from the original motion. Replies that simply repeat the original motion do not help the court. Confirm whether a reply is permitted before filing one. Filing a reply when one is not allowed by the rules can result in the reply being stricken or create negative impressions with the court. --- ### [Response](https://www.bestlawaz.com/legal_definition/response/) **Published:** July 2, 2026 **Author:** **Content:** A response is a written filing answering a petition, motion, or other request made by another party. In Arizona family law the respondent files a response to the dissolution petition. Both parties file responses to motions made by the other side. A response to a motion must be filed within the time allowed by the applicable rules. Missing the response deadline can result in the motion being granted without the benefit of your opposition. Calendar response deadlines as soon as any motion is received. A good response addresses every argument made in the motion, presents the responding party's position clearly, cites applicable law and facts, and requests specific relief. --- ### [Rule 69 Agreement](https://www.bestlawaz.com/legal_definition/rule-69-agreement/) **Published:** July 2, 2026 **Author:** **Content:** A Rule 69 agreement is a binding settlement agreement in an Arizona family law case that has been made on the record in open court, in writing and signed by the parties or their counsel, or by some other method recognized as binding under Arizona Rule of Family Law Procedure 69. Rule 69 agreements are one of the most important tools in Arizona family law practice. They can resolve temporary orders, partial issues, or the entire case. Once properly formed a Rule 69 agreement is binding on both parties even before it is incorporated into a court order. Always include subject to reallocation at final trial or settlement language in any temporary Rule 69 agreement that covers financial matters during the pendency of the case. That language protects both parties from the temporary arrangement becoming the permanent one without realizing it. --- ### [Settlement Conference](https://www.bestlawaz.com/legal_definition/settlement-conference/) **Published:** July 2, 2026 **Author:** **Content:** A settlement conference is a structured meeting focused on resolving contested issues before trial. In Arizona family law settlement conferences may be conducted by a judge pro tem, a private mediator, or the parties' attorneys without a neutral third party. Settlement conferences work best when both parties are prepared with a realistic understanding of the likely range of outcomes at trial, a clear picture of what they actually need, and the flexibility to negotiate rather than simply posture. A settlement conference is not a binding proceeding unless an agreement is reached and properly documented. The discussions at a settlement conference are protected as settlement communications and cannot be used as evidence at trial. --- ### [Status Conference with the Court](https://www.bestlawaz.com/legal_definition/status-conference-with-the-court/) **Published:** July 2, 2026 **Author:** **Content:** A status conference is a court event to check case progress, review deadlines, assess settlement prospects, and determine next procedural steps. Status conferences are administrative in nature and they are not evidentiary hearings and no testimony is taken. Both parties and their attorneys typically attend status conferences. The judicial officer will ask about the status of disclosure, whether mediation has been attempted, what issues remain contested, and whether the case is on track toward resolution or trial. Come to a status conference prepared with a clear picture of where the case stands. Know what discovery has been completed and what remains. Know the settlement history. Know what issues are genuinely contested. --- ### [Subpoena](https://www.bestlawaz.com/legal_definition/subpoena/) **Published:** July 2, 2026 **Author:** **Content:** A subpoena is a court-authorized command requiring a person to attend a hearing or to produce documents and records. In Arizona family law subpoenas are used to obtain records from third parties such as banks, employers, medical providers, schools, government agencies and to compel witness attendance at hearings and trial. A subpoena duces tecum specifically requires the production of documents rather than personal attendance. A subpoena ad testificandum requires personal appearance to testify. Use subpoenas strategically. Issue them far enough in advance to allow time for the documents to arrive before they are needed. Confirm receipt. Follow up if records do not arrive. Do not assume that a subpoena alone guarantees you will have the records you need at trial. --- ### [Under Advisement](https://www.bestlawaz.com/legal_definition/under-advisement/) **Published:** July 2, 2026 **Author:** **Content:** Under advisement means the judge has heard the arguments and evidence on a matter and will issue a ruling at a later time rather than deciding from the bench immediately. In Arizona family law complex contested matters are often taken under advisement after trial or after a significant hearing. When a matter is under advisement both parties wait for the ruling. The timeline for receiving a ruling varies significantly by judge and by the complexity of the matter. Some judges rule within days. Others take weeks or months. While a matter is under advisement manage the client's expectations about timing and remind them that the ruling when it comes may not be exactly what either side requested. --- ### [Venue](https://www.bestlawaz.com/legal_definition/venue/) **Published:** July 2, 2026 **Author:** **Content:** Venue refers to the proper county or court location for filing a family law case in Arizona. For dissolution cases venue is proper in the county where either spouse resides. For child custody matters venue considerations intersect with jurisdictional requirements under the UCCJEA. In most Arizona cases venue is not contested because both parties live in Maricopa County and the case is filed there. When parties live in different counties or when a case involves recent moves venue becomes a more significant analysis. Venue is a procedural matter separate from jurisdiction. A court can have subject matter jurisdiction over a case while venue is improper. In that situation the case can be transferred to the proper venue rather than dismissed. --- ### [Verification](https://www.bestlawaz.com/legal_definition/verification/) **Published:** July 2, 2026 **Author:** **Content:** Verification is a signed statement usually under oath or penalty of perjury confirming that the facts in a filing are true to the best of the signer's knowledge. In Arizona family law certain documents require verification by the party. The Affidavit of Financial Information for example is verified. Verification is not the same as notarization. A verified statement typically contains language that the signer affirms the truth of the contents under penalty of perjury. Notarization requires a notary public to witness the signature. When a document requires verification read it carefully before signing. You are affirming that what is in the document is accurate. Signing a verified document that contains inaccurate information can have serious consequences. --- ### [Summary Consent Decree](https://www.bestlawaz.com/legal_definition/summary-consent-decree/) **Published:** July 2, 2026 **Author:** **Content:** A summary consent decree is an Arizona dissolution procedure available to eligible spouses who have reached a complete agreement on every required issue before or shortly after filing. Under A.R.S. § 25-314.01 qualifying couples can use a simplified process to obtain a final decree without a contested hearing. To use the summary consent decree process both parties must agree on all property, debt, support, and parenting issues. The eligibility requirements include marriage length limits, property and debt thresholds, and other criteria. Confirm current requirements before advising a client that this process is available. The summary consent decree is not a shortcut around quality. The decree and any parenting plan must still be complete, specific, detailed and enforceable. --- ### [Separation Agreement](https://www.bestlawaz.com/legal_definition/separation-agreement/) **Published:** July 2, 2026 **Author:** **Content:** A separation agreement is a written contract between spouses resolving financial and parenting issues either during a legal separation or as the basis for a later dissolution decree. It may address property division, debt allocation, spousal maintenance, child support, legal decision making, and parenting time. In Arizona a separation agreement entered in a legal separation proceeding can later be incorporated into a dissolution decree if the parties proceed to divorce. A separation agreement is a contract. Its enforceability depends on whether it was entered voluntarily, with adequate disclosure, and without unconscionable terms. --- ### [Decree of Legal Separation](https://www.bestlawaz.com/legal_definition/decree-of-legal-separation/) **Published:** July 2, 2026 **Author:** **Content:** A decree of legal separation is the final Arizona court order that legally separates the spouses without ending the marriage. It addresses property division, debt allocation, spousal maintenance, child support, legal decision making, and parenting time essentially everything a dissolution decree addresses except it does not terminate the marriage. After a decree of legal separation both parties remain legally married. Either party may later petition to convert the legal separation to a dissolution of marriage. Spouses may choose legal separation for religious reasons, to preserve health insurance eligibility, to maintain certain marital benefits, or because one party is not ready for a final divorce. --- ### [Marital Community](https://www.bestlawaz.com/legal_definition/marital-community/) **Published:** July 2, 2026 **Author:** **Content:** The marital community is the legal entity created by marriage under Arizona community property law. Property and income acquired during the marriage generally belong to the marital community rather than to either spouse individually. The community terminates upon death, divorce, or service of a dissolution petition. Understanding when the marital community begins and ends matters for property characterization. Pre-marriage assets are separate. Post-service assets are generally separate. Assets acquired between marriage and service are community. The marital community is not a separate legal entity for most purposes. It is a conceptual framework for allocating property rights and debts between married people. --- ### [Community Debt](https://www.bestlawaz.com/legal_definition/community-debt/) **Published:** July 2, 2026 **Author:** **Content:** Community debt is debt incurred during the marriage that Arizona law treats as an obligation of the marital community rather than of one spouse individually. The presumption is that debt incurred during marriage is community debt. That presumption can be overcome but the burden is on the party claiming the debt is separate. Community debt allocation in a divorce decree divides responsibility between the spouses but it does not bind the creditor. A lender who holds a joint debt can still pursue both parties regardless of what the decree says. Indemnification language protects the spouse who was allocated the debt. The timing of debt matters. When was it incurred. Was it incurred before marriage, during marriage, or after service of the petition. Was it incurred for a community purpose or for one spouse's separate benefit. --- ### [Community Waste](https://www.bestlawaz.com/legal_definition/community-waste/) **Published:** July 2, 2026 **Author:** **Content:** Community waste is the excessive, abnormal, destructive, concealed, or fraudulent use or disposal of community property by one spouse that reduces what is available for the other spouse at the time of division. Under A.R.S. § 25-318(C) the court can consider waste in dividing community property. Importantly waste does not require proof of intent. A spouse who negligently or recklessly depleted community assets can be held responsible even without malicious intent. Common waste claims involve unexplained large withdrawals from community accounts, dissipation of retirement savings, gambling losses, drug or alcohol expenditures, gifts to a romantic partner, and concealed asset transfers. Document waste claims carefully. --- ### [Equitable Division](https://www.bestlawaz.com/legal_definition/equitable-division/) **Published:** July 2, 2026 **Author:** **Content:** Equitable division is the Arizona requirement that community property and jointly held property be divided fairly in a dissolution or legal separation. Equitable does not always mean equal item by item. It means an overall division that is just under the specific circumstances of the case. In practice Arizona courts generally start from a presumption of equal division of community property and then consider whether specific circumstances justify a different allocation. Marital misconduct is not a basis for unequal property division under A.R.S. § 25-318(A). The court divides property without regard to marital misconduct. --- ### [Equalization Payment](https://www.bestlawaz.com/legal_definition/equalization-payment/) **Published:** July 2, 2026 **Author:** **Content:** An equalization payment is a sum of money one spouse pays the other to balance an unequal property or debt allocation. When it is not possible or practical to divide assets precisely in half one spouse may keep more than their share of certain assets and pay the other spouse a lump sum to equalize the overall division. Equalization payments must be supported by the math. The Arizona Court of Appeals confirmed in Grandell v. Grandell in May 2026 that a court abuses its discretion when the equalization payment ordered is not supported by the evidence in the record. Equalization payments can be structured as lump sums, installment payments, or offsets against other obligations. --- ### [Reimbursement Claim](https://www.bestlawaz.com/legal_definition/reimbursement-claim/) **Published:** July 2, 2026 **Author:** **Content:** A reimbursement claim asks the court to compensate one spouse or the marital community for funds or property used to benefit the other spouse's separate estate. The most common reimbursement claim in Arizona practice involves community funds used to pay the mortgage on a spouse's separately owned real property. Reimbursement claims require documentary evidence. Mortgage statements, bank records, and payment histories establish what the community paid. --- ### [Commingled Property](https://www.bestlawaz.com/legal_definition/commingled-property/) **Published:** July 2, 2026 **Author:** **Content:** Commingled property is separate and community property that has been mixed together in a way that makes it difficult or impossible to distinguish one from the other without a tracing analysis. Commingling does not automatically convert separate property to community property. If the separate portion can be traced through the transactions its character can be preserved. If it cannot be traced the entire mixed asset may be treated as community. Avoiding commingling in the first place is the best strategy for protecting separate property. --- ### [Tracing](https://www.bestlawaz.com/legal_definition/tracing/) **Published:** July 2, 2026 **Author:** **Content:** Tracing is the evidence-based process of following money or property through a series of transactions to prove whether it originated as separate property, community property, or a combination of both. Tracing is required when separate and community property have been commingled. A successful trace establishes a clear chain from the original separate property through every transaction to its current form. Bank records, wire transfer records, account statements, deed records, and other financial documents form the documentary basis. Tracing can be simple or extraordinarily complex depending on the number of transactions involved. In complex cases forensic accountants perform the tracing analysis and testify about their methodology and conclusions. --- ### [Valuation Date](https://www.bestlawaz.com/legal_definition/valuation-date/) **Published:** July 2, 2026 **Author:** **Content:** Valuation date is the date used to determine the value of an asset, debt, business, or account for purposes of division in an Arizona divorce. The choice of valuation date can significantly affect the outcome when asset values fluctuate. Arizona courts generally value assets as of the date of trial or as close to trial as practicable. In some cases an earlier or later date may be more appropriate depending on the nature of the asset and what is fair given the specific facts. When asset values have changed significantly between separation and trial the choice of valuation date becomes a contested issue requiring both legal analysis and expert testimony. --- ### [Business Valuation](https://www.bestlawaz.com/legal_definition/business-valuation/) **Published:** July 2, 2026 **Author:** **Content:** Business valuation is the process of determining the fair market value or other applicable value of a business interest for purposes of property division, buyout, equalization, or settlement in an Arizona divorce. Business valuation methodologies include the income approach, the market approach, and the asset-based approach. Different methodologies produce different results. Both parties often hire competing business appraisers who use different methods and reach significantly different numbers. Business valuation litigation is expensive. A negotiated buyout through mediation is almost always a better outcome for both parties than a valuation fight. --- ### [Goodwill](https://www.bestlawaz.com/legal_definition/goodwill/) **Published:** July 2, 2026 **Author:** **Content:** Goodwill is the intangible value of a business beyond its tangible assets such as the reputation, customer relationships, brand recognition, and going concern value that make the business worth more than the sum of its physical parts. Enterprise goodwill is the goodwill that belongs to the business as an ongoing entity and would survive the departure of any individual owner. It is generally community property to the extent accumulated during the marriage and is subject to division. Personal goodwill is the goodwill that belongs to an individual the professional reputation, relationships, and skill that would follow the person if they left the business. Personal goodwill is generally considered the separate property of the person whose reputation and skill created it. --- ### [Professional Practice Valuation](https://www.bestlawaz.com/legal_definition/professional-practice-valuation/) **Published:** July 2, 2026 **Author:** **Content:** Professional practice valuation determines the value of a spouse's ownership interest in a law firm, medical practice, dental practice, accounting firm, or other professional service business for purposes of divorce. The community interest in a professional practice depends on when the practice was established, how it was funded, what growth occurred during the marriage, and how much of the value is enterprise goodwill versus personal goodwill. Buying out a spouse from a professional practice requires structuring that accounts for the cash flow realities of the practice, the tax implications of the transfer, and the professional's ability to fund the buyout without destroying the business. --- ### [Appraisal](https://www.bestlawaz.com/legal_definition/appraisal/) **Published:** July 2, 2026 **Author:** **Content:** An appraisal is a professional valuation of property such as real estate, personal property, business assets, jewelry, art, or other items by a qualified appraiser. In Arizona divorce cases appraisals are used to establish the value of assets that need to be divided, bought out, or equalized. Real estate appraisals are the most common in divorce practice. When the family home needs to be valued for a buyout or for equalization purposes a certified real estate appraiser provides the market value opinion. When parties disagree on value each side can obtain their own appraisal. If the appraisals differ significantly the court may appoint a neutral appraiser or weigh the competing appraisals. --- ### [Buyout](https://www.bestlawaz.com/legal_definition/buyout/) **Published:** July 2, 2026 **Author:** **Content:** A buyout is a settlement or court order in which one spouse keeps an asset and compensates the other spouse for their share of that asset's value. Buyouts are most common for the family home, a business, and retirement accounts. For the family home a buyout typically involves the keeping spouse refinancing the mortgage in their name alone and paying the departing spouse their equity share in cash or as an offset against other assets. Buyouts can be funded with cash, with an offset against another asset, with a promissory note, or with some combination. --- ### [Qualified Domestic Relations Order (QDRO)](https://www.bestlawaz.com/legal_definition/qualified-domestic-relations-order-qdro/) **Published:** July 2, 2026 **Author:** **Content:** A QDRO is a specialized court order used to divide certain retirement plan benefits between spouses in a divorce without triggering immediate tax consequences or plan disqualification. It assigns the alternate payee a right to receive a portion of the participant spouse's retirement benefits directly from the plan. QDROs apply to qualified retirement plans such as 401(k)s, 403(b)s, and defined benefit pension plans. IRAs are divided through a different process, a transfer incident to divorce, not a QDRO. We do not draft QDROs at Best Law Firm but you need to understand them thoroughly to protect your client. Read our resource page on the website for a full explanation. Pay an experienced attorney to draft your proper court order. --- ### [Retirement Account Division](https://www.bestlawaz.com/legal_definition/retirement-account-division/) **Published:** July 2, 2026 **Author:** **Content:** Retirement account division is the process of allocating pension plans, 401(k) plans, IRAs, deferred compensation plans, and other retirement assets between spouses in an Arizona divorce. The community portion of a retirement account is the amount accumulated from contributions and growth during the marriage. Different types of retirement accounts have different division processes. Qualified employer plans require a QDRO. IRAs require a transfer incident to divorce. Government plans have their own orders. Each must be handled according to its specific rules. This is one of the most commonly overlooked post-decree obligations. --- ### [Pension Division](https://www.bestlawaz.com/legal_definition/pension-division/) **Published:** July 2, 2026 **Author:** **Content:** Pension division allocates a defined benefit retirement plan between spouses based on the community and separate interests in the plan. Defined benefit plans promise a specific monthly payment at retirement based on years of service and salary history. Pension division requires a domestic relations order acceptable to the plan administrator. Government pensions state, county, city, federal have their own specific order requirements that differ from private employer plans. Two critical decisions in pension division: the share formula used to divide the benefit, and the survivor benefit election. The survivor benefit determines what the alternate payee receives if the employee spouse dies. This election can be irrevocable once made. --- ### [Military Retirement](https://www.bestlawaz.com/legal_definition/military-retirement/) **Published:** July 2, 2026 **Author:** **Content:** Military retirement refers to the retirement pay and related benefits earned by military service members that may be subject to division in a divorce. Federal law under the Uniformed Services Former Spouses' Protection Act governs how states can treat military retirement. The community interest in military retirement is generally calculated based on the years of creditable service during the marriage as a fraction of total creditable service at retirement. Military retirement division involves unique complexity. Reserve and National Guard retirement, disability pay, VA benefits, and the interaction between disability compensation and retired pay all require specific analysis. --- ### [Survivor Benefit Plan (SBP)](https://www.bestlawaz.com/legal_definition/survivor-benefit-plan-sbp/) **Published:** July 2, 2026 **Author:** **Content:** The Survivor Benefit Plan is a military retirement survivor protection program that provides monthly payments to a designated beneficiary if the retired service member dies. In a divorce involving military retirement the SBP election must be addressed in the decree. SBP coverage for a former spouse must be elected by the service member or ordered by the court within specific time windows. Missing those windows can permanently eliminate the former spouse's SBP coverage regardless of what the decree says. SBP coverage has a cost, a premium is deducted from the retired pay. The decree should address who is responsible for that cost. --- ### [Deferred Compensation](https://www.bestlawaz.com/legal_definition/deferred-compensation/) **Published:** July 2, 2026 **Author:** **Content:** Deferred compensation is earned compensation that is payable at a future date rather than when the work is performed. In a divorce the community interest in deferred compensation depends on when it was earned relative to the marriage. Deferred compensation that was earned during the marriage is community property regardless of when it will actually be paid. Deferred compensation earned after service of the petition is separate property. Deferred compensation does not always fit neatly into standard division frameworks. The plan documents must be reviewed to understand the vesting schedule, the distribution options, and whether the plan allows assignment or division. --- ### [Stock Options: Vested and Unvested Stock Options](https://www.bestlawaz.com/legal_definition/stock-options-vested-and-unvested-stock-options/) **Published:** July 2, 2026 **Author:** **Content:** Stock options are rights to purchase company stock at a specified price during a specified period. They may be granted as compensation during or before the marriage and may have community property value depending on when they were granted, when they vest, and the purpose for which they were granted. The community interest in stock options is typically determined by allocating the options between the marriage period and the total service period from grant to vesting. Stock options that have not yet vested at the time of divorce present particular challenges. Division of unvested options requires careful drafting to address what happens if the options lapse, expire, or are cancelled. It is also important to note whether they were granted for past performance or to secure future employment. --- ### [Restricted Stock Units (RSUs)](https://www.bestlawaz.com/legal_definition/restricted-stock-units-rsus/) **Published:** July 2, 2026 **Author:** **Content:** Restricted stock units are equity compensation awards that entitle the recipient to receive shares of company stock when specified vesting conditions are met. Like stock options RSUs may have community property value depending on when they were granted and when they vest relative to the marriage. The allocation of RSUs between community and separate property uses a similar formula to stock options, the portion of the vesting period that falls within the marriage determines the community interest. The division of unvested RSUs still requires careful drafting to address tax withholding, future employment changes, and what happens if employment terminates before vesting. --- ### [Cryptocurrency Assets](https://www.bestlawaz.com/legal_definition/cryptocurrency-assets/) **Published:** July 2, 2026 **Author:** **Content:** Cryptocurrency assets are digital assets such as Bitcoin, Ethereum, and other tokens that may be community or separate property in an Arizona divorce depending on when and how they were acquired. Valuation date is particularly significant for cryptocurrency given the extreme price fluctuations these assets can experience. The value of a cryptocurrency portfolio can change dramatically between the date of separation and the date of trial. Disclosure obligations apply to cryptocurrency just as they apply to all other assets. A party who conceals cryptocurrency holdings in violation of Rule 49 disclosure obligations faces the same consequences as a party who conceals any other community asset. --- ### [Digital Assets](https://www.bestlawaz.com/legal_definition/digital-assets/) **Published:** July 2, 2026 **Author:** **Content:** Digital assets in a divorce context include cryptocurrency, online businesses, domain names, monetized social media accounts, digital content libraries, intellectual property stored digitally, and other electronically held property with economic value. The community property analysis for digital assets follows the same framework as tangible assets such as when was it created or acquired, with what funds, and was the marriage the source of the value. Digital assets present disclosure challenges. They may not appear on obvious financial statements. A thorough Rule 49 disclosure should address all digital assets. --- ### [Debt Allocation](https://www.bestlawaz.com/legal_definition/debt-allocation/) **Published:** July 2, 2026 **Author:** **Content:** Debt allocation is the division of responsibility for debts between spouses in an Arizona divorce decree or settlement agreement. Each debt in the marital estate must be assigned to one party or the other with provisions for what happens if the assigned party fails to pay. Creditors are not parties to the divorce and are not bound by the decree. A lender who holds a joint debt can pursue both parties regardless of what the decree says. Indemnification provisions in the decree protect the non-responsible spouse. Refinancing deadlines matter. If one spouse is ordered to refinance joint debt into their name alone the decree must specify a deadline and what happens if the refinancing cannot be completed. --- ### [Tax Indemnity](https://www.bestlawaz.com/legal_definition/tax-indemnity/) **Published:** July 2, 2026 **Author:** **Content:** Tax indemnity is language in a divorce decree or settlement agreement requiring one spouse to protect or reimburse the other for specified tax liabilities. Joint tax returns create joint and several liability. Both spouses are fully responsible for the tax shown on a jointly filed return regardless of who earned the income. A tax indemnity provision in the decree does not eliminate this liability to the IRS but it gives the indemnified spouse a claim against the other. Be aware of the “innocent spouse” status if the facts apply to you. Get a tax advisor involved in any case with significant tax complexity past joint returns with potential audit exposure, capital gains, retirement account distributions, or business income. --- ### [Dependency Exemption](https://www.bestlawaz.com/legal_definition/dependency-exemption/) **Published:** July 2, 2026 **Author:** **Content:** The dependency exemption refers to the tax benefits associated with claiming a child as a dependent for federal and state income tax purposes. In an Arizona divorce decree the parties can allocate which parent claims which child as a dependent in which years. Under current Arizona law courts can condition a parent's right to claim the dependency exemption on staying current with child support obligations. The post-2018 federal tax changes expanded the child tax credit while eliminating the personal exemption deduction. Confirm the current tax rules with a tax advisor. This is not tax advice. --- ### [Head of Household Filing Status](https://www.bestlawaz.com/legal_definition/head-of-household-filing-status/) **Published:** July 2, 2026 **Author:** **Content:** Head of household is a federal income tax filing status available to unmarried taxpayers who pay more than half the cost of maintaining a home for a qualifying person including a dependent child. Eligibility for head of household status depends on tax law not on what the divorce decree says. Tax filing status after separation can be complex. Whether you are still married as of December 31 of the tax year and whether you meet the head of household requirements are questions for a tax advisor. This is not tax advice. --- ### [Innocent Spouse Relief](https://www.bestlawaz.com/legal_definition/innocent-spouse-relief/) **Published:** July 2, 2026 **Author:** **Content:** Innocent spouse relief is a federal tax program that may protect one spouse from joint tax liability arising from the other spouse's errors, omissions, or fraud on a jointly filed return. Three types of relief are available: innocent spouse relief, separation of liability, and equitable relief. The appropriate type depends on the specific facts. Innocent spouse relief requires an application to the IRS and the outcome depends on the specific facts. In divorce cases where one spouse has significant tax exposure from joint returns innocent spouse relief should be discussed with a tax professional. --- ### [Acceptance of Service](https://www.bestlawaz.com/legal_definition/acceptance-of-service/) **Published:** July 2, 2026 **Author:** **Content:** Acceptance of service is a written acknowledgment that a party voluntarily received family law documents without requiring formal personal service through a process server or sheriff’s deputy’s deputy’s deputy. When a respondent signs an acceptance of service they are confirming receipt of the petition and summons and agreeing that service is complete as of the date of signing. Acceptance of service starts the response deadline clock just as personal service does. Twenty days in Arizona, thirty days if the respondent is outside the state. The date signed matters and it must be filed with the court. Acceptance of service is simpler and less expensive than process server service. It is appropriate when the other party is cooperative or when an attorney accepts service on behalf of their client. It is not appropriate when the relationship is adversarial or when there is any question about whether the other party will actually cooperate. --- ### [Acknowledgment of Service](https://www.bestlawaz.com/legal_definition/acknowledgment-of-service/) **Published:** July 2, 2026 **Author:** **Content:** An acknowledgment of service is a signed confirmation that a person received specified family law documents on a particular date. It is used to create a documented record of service that can be filed with the court without requiring a process server's affidavit. The acknowledgment must identify the documents received, the date received, and be signed by the receiving party. It is then filed with the court as proof of service. The response deadline runs from the date of the acknowledgment. Acknowledgments of service are typically used in cooperative cases or when an attorney accepts service for a represented party. They should not be used in situations where the receiving party might later claim they did not actually receive the documents or did not understand what they were signing. --- ### [Affidavit of Service](https://www.bestlawaz.com/legal_definition/affidavit-of-service/) **Published:** July 2, 2026 **Author:** **Content:** An affidavit of service is the sworn proof filed with the court showing when, where, how, and by whom court papers were served. When a process server completes service they complete an affidavit of service that becomes the official court record of how and when service was accomplished. The affidavit of service must be accurate and detailed. It should identify the documents served, the person served, the date and time of service, the location of service, and the method used. A defective affidavit of service can create challenges to the validity of service that delay the entire case. File the affidavit of service promptly after service is completed. All deadlines in the case run from the date of service established in the affidavit. The court needs this document before it can calculate response deadlines and the 60-day waiting period. --- ### [Amended Petition](https://www.bestlawaz.com/legal_definition/amended-petition/) **Published:** July 2, 2026 **Author:** **Content:** An amended petition is a revised petition filed to correct, update, or expand the relief requested in an Arizona family law case. Amendments may be necessary when new facts come to light, when the original petition contained errors, when circumstances change during the pendency of the case, or when additional issues need to be brought before the court. In Arizona an amended petition may be filed as a matter of right within a certain period after the original filing. After that period amendment requires either written consent of the other party or leave of court. The court generally allows amendment when there is a good reason and the amendment will not cause unfair prejudice. When an amended petition is filed the other party typically has a new opportunity to respond to the amended allegations. The amended petition should be clearly marked as amended and should either track or supersede the original depending on whether the amendments are additions or replacements. --- ### [Answer](https://www.bestlawaz.com/legal_definition/answer/) **Published:** July 2, 2026 **Author:** **Content:** An answer is the respondent's formal written response to the allegations and requests made in a petition. In Arizona dissolution cases the answer addresses each allegation in the petition and states the respondent's position on the relief requested. An answer is not the same as a counter-petition. An answer responds to what the petitioner asked for. A counter-petition makes the respondent's own affirmative requests of the court. In many Arizona dissolution cases the respondent files both. The answer must be filed within the response deadline. Twenty days if served in Arizona, thirty days if served out of state. Missing the deadline without obtaining an extension creates a default situation. A timely accurate answer protects the respondent's ability to participate in the case. --- ### [Appearance or a Notice of Appearance](https://www.bestlawaz.com/legal_definition/appearance-or-a-notice-of-appearance/) **Published:** July 2, 2026 **Author:** **Content:** An appearance is a filing or court action showing that a party or their attorney is participating in the case. In Arizona family law filing a response to the petition is typically how a party makes their initial appearance. An attorney files a notice of appearance to tell the court and the other side that they represent a party. Once a party has appeared in the case they are entitled to notice of all proceedings. An attorney who has entered an appearance must formally withdraw before their client can be treated as self-represented. Failing to appear at a scheduled hearing when properly noticed can have serious consequences. The court may proceed without you, enter a default, or take other action based on your absence. If you cannot appear at a scheduled hearing contact the court and opposing counsel in advance. --- ### [Case Management Order](https://www.bestlawaz.com/legal_definition/case-management-order/) **Published:** July 2, 2026 **Author:** **Content:** A case management order is a court order that sets the procedural schedule for a family law case. It typically includes deadlines for disclosure, discovery, expert designations, mediation, pre-trial statements, and trial. In Maricopa County case management orders are often issued at or after the Resolution Management Conference. Read every case management order carefully. Calendar every deadline immediately. Missing a case management deadline can result in sanctions, exclusion of evidence or witnesses, or other consequences that affect the outcome of the case. Case management orders can be modified by the court for good cause. If a deadline cannot be met due to circumstances beyond your control address it with the court and opposing counsel before the deadline arrives not after. --- ### [Clerk of the Superior Court](https://www.bestlawaz.com/legal_definition/clerk-of-the-superior-court/) **Published:** July 2, 2026 **Author:** **Content:** The Clerk of the Superior Court is the public official and office responsible for receiving court filings, maintaining the official court record, issuing certain documents, processing fees, and providing public access to court records in compliance with privacy rules. In Maricopa County family law cases all documents are filed with the Clerk. The filing date stamped by the Clerk is the official date of filing for all purposes. The Clerk's office can answer procedural questions about filing requirements but cannot give legal advice. The Clerk's office maintains the case file as a public record subject to the privacy protections in the Arizona court rules. Sensitive information should not appear in publicly filed documents and should be submitted only on the Sensitive Data Cover Sheet. --- ### [Contempt](https://www.bestlawaz.com/legal_definition/contempt/) **Published:** July 2, 2026 **Author:** **Content:** Contempt is a court finding that a person violated a court order or interfered with the court's authority in a way that justifies enforcement measures. In Arizona family law contempt is one of the primary tools for enforcing orders that are not being followed. Civil contempt is remedial. Its purpose is to compel compliance. A party found in civil contempt may be ordered to pay attorney fees, fines, or in serious cases face jail until they comply. A purge condition stating what the contemner can do to avoid or end the sanction is typically included. To prove contempt the moving party must show that the other party had knowledge of a lawful court order, had the ability to comply with it, and failed to do so. A party who genuinely cannot comply with an order may have a defense. A party who chooses not to comply does not usually have a defense. --- ### [Default Application](https://www.bestlawaz.com/legal_definition/default-application/) **Published:** July 2, 2026 **Author:** **Content:** This is the process when someone fails to respond to court papers that were served upon them. A default application is the filing used to begin the default process after a properly served respondent fails to file a timely response. Filing a default application asks the court to note the respondent's failure to respond and set the stage for a default judgment. In Arizona family law a default does not automatically produce a decree. After default is entered the petitioner still needs to present a basis for the relief requested and the court must enter orders that comply with Arizona law. A default can be set aside if the respondent acts quickly after learning of it and shows a meritorious defense and excusable neglect or other good cause. The window for setting aside a default is not unlimited. If a default has been entered against you contact an attorney immediately. --- ### [Dismissal With Prejudice](https://www.bestlawaz.com/legal_definition/dismissal-with-prejudice/) **Published:** July 2, 2026 **Author:** **Content:** A dismissal with prejudice ends a claim or the entire case in a way that prevents the same claim from being refiled. In Arizona family law once a dissolution decree has been entered the underlying dissolution petition is effectively merged into the decree. Dismissal with prejudice is sometimes used to resolve specific claims within a larger case, for example dismissing a particular property claim with prejudice when the parties have reached a specific agreement about that asset. Before agreeing to any dismissal with prejudice understand exactly what you are giving up. The finality of a with prejudice dismissal means there is generally no second chance to argue that claim again. --- ### [Dismissal Without Prejudice](https://www.bestlawaz.com/legal_definition/dismissal-without-prejudice/) **Published:** July 2, 2026 **Author:** **Content:** A dismissal without prejudice ends the current case or specific claim but leaves the door open to refile if the legal requirements can be met. In Arizona family law a case dismissed without prejudice can be refiled subject to any applicable limitations periods and procedural requirements. Voluntary dismissal without prejudice is sometimes used when parties reach a reconciliation, when the case was filed prematurely, or when circumstances have changed enough that starting fresh makes more sense than continuing the current case. A dismissal without prejudice does not resolve any of the underlying issues. It simply ends the current proceeding. If the same issues need to be addressed later a new petition must be filed. --- ### [Due Process](https://www.bestlawaz.com/legal_definition/due-process/) **Published:** July 2, 2026 **Author:** **Content:** Due process means fair notice and a meaningful opportunity to be heard before a court enters orders that affect a person's rights. In Arizona family law due process requirements govern how hearings are noticed, how evidence is presented, how orders are issued, and what procedures the court must follow before making decisions that affect parenting, property, or support. Courts violate due process when they rely on evidence that was not properly admitted and that the parties did not have an opportunity to challenge. The Gonzalez v. Dayton case from the Arizona Court of Appeals in May 2026 is a recent example. The court vacated a legal decision making order because the judge relied on a CAA report that had never been admitted into evidence. Since it was never admitted into evidence the Due process protections apply to both parties. They protect the party seeking relief from having their evidence ignored. They protect the responding party from having orders entered against them without notice and an opportunity to respond. --- ### [Evidentiary Hearing](https://www.bestlawaz.com/legal_definition/evidentiary-hearing/) **Published:** July 2, 2026 **Author:** **Content:** An evidentiary hearing is a court proceeding where both parties present sworn testimony, exhibits, and legal argument and the judge decides disputed facts. In Arizona family law evidentiary hearings are held on contested temporary orders, enforcement petitions, modification requests, and at trial on final issues. An evidentiary hearing is different from a status conference or a procedural hearing. Evidence is presented and the court makes findings of fact. Those findings then support the order the court enters. The rules of evidence apply. Preparation for an evidentiary hearing is the same as preparation for trial in miniature. Know what you need to prove. Know what exhibits you are using and how you will authenticate them. Know what the other side is likely to argue and be ready to respond. --- ### [Filing Fee](https://www.bestlawaz.com/legal_definition/filing-fee/) **Published:** July 2, 2026 **Author:** **Content:** A filing fee is the court charge required to file certain documents in a family law case. In Maricopa County there are filing fees for the initial petition, the response, and certain other documents. Fee amounts change periodically — confirm current amounts before filing. Fee waivers and fee deferrals are available for qualifying parties who cannot afford the filing fees. A fee waiver excuses the fee entirely. A fee deferral postpones payment. Filing fees are paid to the Clerk of the Superior Court at the time of filing unless a waiver or deferral has been granted. A document submitted without the required fee may not be accepted for filing. --- ### [Fee Deferral](https://www.bestlawaz.com/legal_definition/fee-deferral/) **Published:** July 2, 2026 **Author:** **Content:** A fee deferral allows a qualifying party to postpone paying court filing fees until later in the case rather than at the time of filing. It is different from a fee waiver which excuses the fees entirely. A deferral means the fees are still owed but payment is delayed. Fee deferrals are available based on financial eligibility. The application process and eligibility criteria are set by the court. Confirm current Maricopa County requirements and forms with your attorney or the court's self-help center. If a fee deferral is granted the party still owes the fees and will need to address them at some point in the case. Understanding the difference between a deferral and a waiver matters for financial planning. --- ### [Fee Waiver](https://www.bestlawaz.com/legal_definition/fee-waiver/) **Published:** July 2, 2026 **Author:** **Content:** A fee waiver excuses a qualifying party from paying certain court fees in an Arizona family law case based on demonstrated financial need. The party applies to the court and if approved does not owe the covered fees. Fee waivers are available for filing fees and certain other court costs. They are not available for attorney fees, process server costs, or other litigation expenses. The court sets the eligibility criteria and the application process. A fee waiver granted at the beginning of a case may need to be renewed if the case continues for an extended period. Eligibility is based on current financial circumstances which can change. --- ### [Final Decree](https://www.bestlawaz.com/legal_definition/final-decree/) **Published:** July 2, 2026 **Author:** **Content:** A final decree is the signed judgment that resolves the case or the final issues before the court. In Arizona dissolution cases the final decree is the Decree of Dissolution of Marriage which is the order that ends the marriage, divides property and debt, establishes support obligations, and addresses parenting rights and responsibilities. A decree is final when the judge signs it and it is part of the court file. The Judge will mail the parties of the signed decree or minute entry. From that moment both parties are bound by its terms. Property provisions are generally not modifiable. Support and parenting provisions may be modifiable if the applicable legal standard is later met. Read the final decree carefully before it is submitted to the judge. Every provision should accurately reflect what was agreed or ordered. Errors in the decree create enforcement problems and may require a motion to clarify or correct. --- ### [Hearing Officer](https://www.bestlawaz.com/legal_definition/hearing-officer/) **Published:** July 2, 2026 **Author:** **Content:** A hearing officer is a judicial officer authorized to hear and decide certain family law or support matters in Arizona. In Maricopa County hearing officers handle many child support cases including establishment, modification, and enforcement proceedings. A hearing officer's ruling is subject to review by a Superior Court judge if either party objects within the required time. The objection process and the standard of review depend on the type of matter and the specific rules governing hearing officer proceedings. Hearings before a hearing officer are formal proceedings. Both parties have the right to present evidence and argument. Treat a hearing officer proceeding with the same level of preparation as a hearing before a judge. --- ### [Judge Pro Tempore or Judge Pro Tem](https://www.bestlawaz.com/legal_definition/judge-pro-tempore-or-judge-pro-tem/) **Published:** July 2, 2026 **Author:** **Content:** A Judge Pro Tempore is a temporary judicial officer authorized to perform judicial duties, often presiding over settlement conferences, resolution management conferences, hearings, or trials when the assigned judge is unavailable or when the court needs additional judicial capacity. Once an attorney has the requite experience they can apply to be appointed as a Judge Pro Tem. In Arizona attorneys with sufficient experience can be certified as Judge Pro Tempore and appointed to serve in specific cases. Tali Best Collins and Cynthia L. Best have both served as Judge Pro Tems in Maricopa County Superior Court, which gives them direct insight into how judges approach family law cases from the bench. Best Law Firm brings that experience to every client consultation and every mediation. A ruling by a Judge Pro Tempore has the same force as a ruling by a regular judge. Both parties are bound by it. Review rights are the same as for any other judicial ruling. --- ### [Judicial Officer](https://www.bestlawaz.com/legal_definition/judicial-officer/) **Published:** July 2, 2026 **Author:** **Content:** A judicial officer is any judge, commissioner, hearing officer, or other court official authorized to make rulings in a family law case. In Maricopa County family law cases you may appear before a Superior Court judge, a commissioner, a hearing officer, or a Judge Pro Tempore depending on the type of proceeding and the court's assignment. Each type of judicial officer has different authority and different review rights may apply to their rulings. Understanding who is presiding and what review rights exist is part of basic case management. Regardless of who is presiding prepare the same way. Know your file. Know your facts. Know what you are asking for and why the evidence supports it. --- ### [Lodging a Proposed Order](https://www.bestlawaz.com/legal_definition/lodging-a-proposed-order/) **Published:** July 2, 2026 **Author:** **Content:** Lodging a proposed order means submitting a draft court order for the judge to review and sign after a ruling has been made, an agreement has been reached, or a request has been granted. In Arizona family law the court often directs one party to prepare and lodge a proposed decree, a proposed temporary order, or a proposed findings and conclusions after a hearing. A lodged proposed order must accurately reflect what the court ruled or the parties agreed. It is not an opportunity to add terms that were not part of the ruling or agreement. If the other side disagrees with the proposed order they can object and submit an alternative. Lodge proposed orders promptly when directed. Proofread every proposed order before submitting it. Correct names, correct case number, correct judge. --- ### [A.R.S. (Arizona Revised Statutes)](https://www.bestlawaz.com/legal_definition/ars-arizona-revised-statutes/) **Published:** July 2, 2026 **Author:** Cindy Best **Content:** A.R.S. stands for Arizona Revised Statutes, the codified body of law enacted by the Arizona Legislature. Arizona family law is primarily governed by Title 25, which addresses marriage, dissolution, legal separation, property division, spousal maintenance, child support, legal decision making, parenting time, paternity, interstate support, and child custody jurisdiction. When you see a citation like A.R.S. § 25-403 in a court order or a filing, it means the court or the attorney is pointing to a specific statute that controls the issue. Knowing which statute applies matters because statutes set the legal standards the court must follow. Statutes do not work in isolation. They work together with the Arizona Rules of Family Law Procedure, local court practices, judicial guidelines, case law from the Court of Appeals and Supreme Court, and the specific facts of each family. A single statute rarely gives you the complete answer. Throughout this glossary we connect terms to their controlling Arizona statute wherever possible. That connection is the starting point for understanding how the law applies to your situation. --- ### [Best Interests of the Child](https://www.bestlawaz.com/legal_definition/best-interests-of-the-child/) **Published:** July 2, 2026 **Author:** Cindy Best **Content:** Best interests of the child is the controlling legal standard for every Arizona decision about legal decision making and parenting time. It is the legal framework the court must apply, and it is fact-intensive. In contested cases the court must make written findings explaining why the order serves the child’s best interests. That requirement gives the parties something to work with on appeal if the findings are inadequate. We focus on best interests evidence from the first consultation. The facts that matter most are the daily caregiving history, the child’s specific relationships and routines, safety concerns supported by documentation, and what the child actually needs to thrive. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), signed into law on June 22, 2026, significantly strengthened the best interests framework when domestic violence is present. Arizona law now declares that domestic violence is contrary to a child’s best interests and that the safety of the child and the domestic violence victim are the highest priority above the general presumption that both parents should have frequent and continuing contact with the child. When domestic violence is present, safety is not one factor among many. It is the first one. Read our full series on the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) at [bestlawaz.com/alec-and-lydia-act](https://bestlawaz.com/alec-and-lydia-act). --- ### [Sole legal decision-making](https://www.bestlawaz.com/legal_definition/sole-legal-decision-making/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Sole legal decision making means one parent has the legal right and responsibility to make major nonemergency decisions for the child without being required to consult or obtain agreement from the other parent. These decisions include education, health care, religious upbringing, and personal care. Sole legal decision making is appropriate when joint decision making cannot be awarded given the history of the relationship. Domestic violence, substance abuse, a demonstrated inability to communicate and cooperate, or a pattern of one parent undermining the other's decisions are all circumstances that support sole decision making. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, when a court finds domestic violence has occurred there is a mandatory presumption that awarding legal decision making to the abusive parent is contrary to the child's best interests. That presumption must be overcome by clear and convincing evidence before any decision making authority can be awarded to the abusive parent. Decision making is separate from parenting time but the same analysis applies under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act). --- ### [Spousal Maintenance](https://www.bestlawaz.com/legal_definition/spousal-maintenance/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Spousal maintenance is Arizona's term for financial support paid by one spouse to the other after or during divorce or legal separation. It used to be called alimony. Arizona law calls it spousal maintenance. It is awarded when a spouse cannot be self-sufficient after the divorce. The threshold question in every spousal maintenance case is whether the requesting spouse can support themselves after the divorce. Arizona uses an official spousal maintenance calculator maintained by the Maricopa County Superior Court. The current version took effect January 1, 2026 and is available at superiorcourt.maricopa.gov. The calculator takes both spouses' incomes, marriage length, and both ages as inputs and produces a range from low, midpoint, and high for monthly amount and a duration range in months. A negotiated spousal maintenance agreement can do things a judicial order cannot. It can be made non-modifiable. It can be structured as a lump sum. It can be traded for an asset. It can step down at defined milestones. It can be collateralized with life insurance or a real estate lien. A judge can only order monthly payments for a time period. Be aware of the tax treatment of spousal maintenance that changed in 2019. Consult your tax professional for this advice. --- ### [Statute](https://www.bestlawaz.com/legal_definition/statute/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A statute is a law enacted by the Arizona Legislature. Arizona family law statutes are primarily found in Title 25 of the Arizona Revised Statutes, which is titled Marital and Domestic Relations. When a statute is cited in a filing, an order, or a court ruling it is directing attention to the specific law that governs the issue. Statutes define the legal standards courts must apply. They set eligibility requirements, procedural obligations, evidentiary standards, and the scope of court authority. Understanding which statute controls a given issue is the starting point for legal analysis. Statutes are amended by the legislature and signed into law by the governor. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), for example, amended A.R.S. § 25-403.03 effective June 22, 2026. What the statute said before that date and what it says now are different, and knowing which version applied when matters in any case that spans the effective date. Throughout this glossary statutes are cited where they are controlling. Those citations are the starting point. The full text of any Arizona statute is available at azleg.gov. --- ### [Stipulation](https://www.bestlawaz.com/legal_definition/stipulation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A stipulation is an agreement between parties or their attorneys about a fact, a procedure, a deadline, or a requested order. In Arizona family law stipulations are used to extend disclosure deadlines, to agree on an uncontested fact, to jointly request a continuance, or to memorialize an agreed order. A stipulation between attorneys about a procedural matter is typically binding on both parties. A stipulation about substantive rights such as what spousal maintenance will be, how property will be divided needs to be formalized and signed in a proper agreement and presented to the court for approval to be enforceable as a court order. Get stipulations in writing. A verbal stipulation between parties can be disputed and is difficult to enforce. A written stipulation signed by both attorneys or both parties creates a clear record. Not every agreement needs to be a formal stipulation. But any agreement that affects case deadlines, court dates, or substantive rights should be documented in writing at the time it is made rather than reconstructed from memory later. --- ### [Supervised Exchanges](https://www.bestlawaz.com/legal_definition/supervised-exchanges/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Supervised exchanges are child exchanges that take place in a neutral location present rather than directly between the parents. They are used when direct contact between the parents at exchange creates safety or conflict concerns. Supervised exchange locations include police stations. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, the victim of domestic violence cannot be appointed as the supervisor for the abusive parent's parenting time exchanges. This closes a gap in prior law that sometimes placed victims in ongoing proximity to their abusers under the guise of facilitating safe exchanges. --- ### [Supervised Parenting Time](https://www.bestlawaz.com/legal_definition/supervised-parenting-time/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Supervised parenting time is parenting time that occurs only with an approved supervisor present throughout the visit. The supervisor monitors the interaction between the parent and the child and intervenes if necessary to protect the child. Supervised parenting time is ordered when the court has concerns about the child's safety during unsupervised contact with a parent. Domestic violence, substance abuse, mental health concerns, a history of child abuse, and prior violations of court orders are all circumstances that can support a supervised parenting time order. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), when a court finds domestic violence has occurred the abusive parent must overcome the mandatory presumption by a preponderance of the evidence even to obtain supervised parenting time. Supervised parenting time is not an automatic compromise position. It requires proof. Supervision can be provided by a professional agency, a therapeutic supervisor, or an agreed-upon lay person who meets specific requirements. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) imposes specific requirements on lay supervisors including that they must review the court order, provide contact information to both parents, intervene and contact law enforcement if the child is endangered, and be available to appear in court. The victim of domestic violence cannot be appointed as the supervisor under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act). This was permitted under prior law and the prohibition is an important protection. --- ### [TASC or Treatment Assessment Screening Center](https://www.bestlawaz.com/legal_definition/tasc-or-treatment-assessment-screening-center/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** TASC, often referenced in Maricopa County family law practice, generally refers to Treatment Assessment Screening Center services. In the family court context TASC is most commonly referenced in connection with substance abuse testing and monitoring. Courts may order TASC services when substance abuse is alleged or when a parent has a history of substance use that raises safety concerns in the parenting context. TASC can provide drug and alcohol testing, assessment, and referral to treatment programs. A TASC order typically specifies the frequency of testing, what substances are being tested for, who pays for the testing, and what happens if a test is positive or if the parent fails to test. Failure to test is typically treated the same as a positive result under most court orders. Confirm current TASC services, procedures, and requirements with your attorney. Programs and their availability change over time. The specific requirements of any TASC order in your case control what is required of you. --- ### [Temporary Orders](https://www.bestlawaz.com/legal_definition/temporary-orders/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Temporary orders are Arizona family court orders that govern the parties while the case is pending before final judgment. They address the immediate practical issues that cannot wait until the case is resolved: who stays in the family home, how the bills are paid, what the child's schedule looks like while the divorce is pending, whether spousal maintenance is paid during the case, and whether attorney fees are advanced. Temporary orders are not final orders. They are designed to maintain the status quo and prevent harm during the pendency. The court will revisit them at the final hearing and is not bound by the temporary arrangement when making final decisions. The most practical approach when both parties can be reasonable is to negotiate a temporary agreement rather than go to a temporary orders hearing. A hearing requires preparation, takes attorney time, and produces a result based on limited information. A Rule 69 agreement on temporary matters is faster, cheaper, and can be tailored to the actual situation rather than what the calculator assumes. Any temporary agreement should include language that the arrangement is subject to reallocation at final trial or settlement. That protects both parties and ensures the temporary arrangement does not inadvertently become the baseline for the final outcome. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), when domestic violence is alleged at a temporary orders hearing the court must now make specific written findings addressing the evidence of domestic violence, the presumption, and the protective measures. This is a significant change from prior law which did not require written findings in temporary orders. --- ### [Therapeutic Supervision](https://www.bestlawaz.com/legal_definition/therapeutic-supervision/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Therapeutic supervision refers to parenting time or contact overseen by a licensed mental health professional or therapist. It is a more structured and clinically oriented form of supervision than lay supervision or agency supervision. Therapeutic supervision is used when the relationship between a parent and child needs professional support to be safely maintained or rebuilt. It may be appropriate when there has been a significant gap in contact, when reunification is a goal, when the child has expressed fear or anxiety about the parent, or when the parenting interaction itself requires clinical guidance. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) the court cannot order a victim of domestic violence whether a parent or a child to participate in any inpatient or outpatient treatment, counseling, or forensic assessment jointly with the abusive parent. This prohibition covers therapeutic supervision formats and closes a gap that was sometimes used to force victims into ongoing contact with their abusers through court-ordered therapeutic processes. Therapeutic supervision is expensive and the availability of qualified professionals varies. Any court order for therapeutic supervision should specify who the supervisor is or how they will be selected, who pays, and what happens if the supervisor is unavailable. --- ### [Third Party Rights](https://www.bestlawaz.com/legal_definition/third-party-rights/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Third-party rights are requests by non-parents for court-ordered time with or involvement in a child's life. In Arizona, grandparents, stepparents, and persons who have stood in loco parentis to a child may petition for parenting time or legal decision making rights under specific statutory provisions. Third-party rights carry a higher burden than parental rights. When both legal parents are fit and agree that third-party contact is not in the child's best interests, Arizona courts give significant weight to that united parental position. The Arizona Court of Appeals confirmed in Rivera v. Webb (May 2026) that when two legal parents disagree about third-party visitation neither parent is entitled to a presumption over the other based on their level of decision making authority. The court conducts an independent best interests analysis. Third-party petitions require careful threshold analysis before filing. Standing is the legal right to bring the petition must be established. The factual basis for the petition must be sufficient to support relief. And the likely outcome must be worth the cost of the proceeding to the people involved. Grandparent visitation, stepparent visitation, and in loco parentis claims all have their own specific requirements under Arizona law. See the separate Grandparent Visitation and In Loco Parentis entries in this glossary. --- ### [Transition](https://www.bestlawaz.com/legal_definition/transition/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Transition refers to the practical and emotional movement of a child between homes, parents, schools, and routines as a result of the family reorganization following divorce or separation. In a parenting plan context transition often refers specifically to the exchange of the child from one parent to the other. Transitions can be difficult for children regardless of their age. Young children may struggle with separating from one parent. Older children may feel torn between their loyalties to each parent. Adolescents may resist the schedule itself. The parenting plan should anticipate these challenges and create structures that minimize conflict at transition points. High-conflict transitions where exchanges become arguments, where children are questioned about the other parent's home, where one parent uses the exchange as an opportunity to communicate grievances cause real harm to children. A parenting plan that addresses transition protocols specifically, including what information parents may and may not discuss at exchanges, helps protect children from this. When transitions are consistently problematic supervised exchanges at a neutral location may be appropriate. When the conflict is sufficiently high that any direct parental contact is harmful, third-party exchanges can eliminate contact entirely. --- ### [Trial](https://www.bestlawaz.com/legal_definition/trial/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Trial is the final evidentiary hearing where unresolved issues in a family law case are presented to a judge for decision. In Arizona family law, trial is a bench trial decided by a judge, not a jury. Both parties present testimony, exhibits, and argument and the judge decides. Trial is not usually the goal in a case unless it cannot be settled. It is what happens when everything else has failed. Most Arizona family law cases resolve before trial through disclosure, negotiation, mediation, or settlement at the courthouse door. The cases that go to trial are the ones where the parties genuinely cannot reach agreement on issues the court must decide. After trial the Minute Entry serves as the operative ruling. Both parties must follow the Minute Entry from the moment it is issued. If the parties are directed to prepare a formal decree the Minute Entry controls what the decree must say. Read every word of the Minute Entry immediately after trial. --- ### [Uncontested Divorce](https://www.bestlawaz.com/legal_definition/uncontested-divorce/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An uncontested divorce is an Arizona dissolution case in which the spouses reach agreement on every required issue before or shortly after filing. Because everything is agreed there is no need for a contested hearing and the court can enter a consent decree once the 60-day waiting period has passed and the required paperwork is complete. Uncontested does not mean unrepresented. Even when both spouses agree on everything having an attorney review the agreement and prepare the dissolution documents is important. An uncontested divorce that produces a vague, incomplete, or unenforceable decree is not a successful resolution. An uncontested divorce with a well-drafted consent decree and parenting plan that actually governs the family going forward is. Arizona's Summary Consent Decree process under A.R.S. § 25-314.01 is available for eligible couples who have reached a complete agreement. It provides a streamlined path to a final decree for couples who are organized, cooperative, and genuinely resolved on all issues. --- ### [Wage Assignment](https://www.bestlawaz.com/legal_definition/wage-assignment/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A wage assignment, also called an income withholding order, is a court order directing an employer or other income source to withhold child support or spousal maintenance payments directly from the paying party's income and send them to the Arizona Support Payment Clearinghouse. Wage assignments are standard in Arizona child support cases. They protect the receiving parent by removing the paying parent from the payment loop. Instead of relying on the paying parent to remember to make payments on time, the employer withholds and transmits automatically. The Clearinghouse maintains the official record of every payment made and received under a wage assignment. That record is the definitive accounting of what has been paid and what is owed. Direct payments outside the Clearinghouse do not appear in the official record and can create disputes about what has actually been paid. Wage assignments can also be established for spousal maintenance in cases where payment reliability is a concern. The process is the same as for child support. The order directs the employer to withhold and the Clearinghouse records and transmits the payments. --- ### [Virtual Parenting](https://www.bestlawaz.com/legal_definition/virtual-parenting/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Virtual parenting refers to parent-child contact through video calls, telephone calls, text messages, and other electronic means when in-person parenting time is not immediately possible. It is not a substitute for in-person parenting time but it is a meaningful supplement to it and is sometimes used as a transitional tool. Virtual parenting provisions should be included in parenting plans for families where one parent travels frequently for work, where the parents live at a distance from each other, where supervised or restricted parenting time makes in-person contact difficult, or where the child's schedule makes consistent in-person contact challenging. Virtual contact provisions should specify the technology platform if possible, the frequency and duration of calls, who initiates contact, the protocol if a scheduled call cannot happen, and what happens if one parent repeatedly interferes with virtual contact. Virtual parenting is not appropriate as a replacement for meaningful in-person parenting time in most circumstances. Courts view it as an addition to a parenting plan rather than an alternative to physical presence. These should not be used as a stalking method of the other parent or to harass the children about their whereabouts. All forms of phone communication should be detailed in the Parenting Plan. --- ### [Visitation](https://www.bestlawaz.com/legal_definition/visitation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Visitation is now called Parenting Time in Arizona for parents. Under current Arizona law, parenting time is the term used for time a legal parent spends with their child. Visitation is reserved for non-parents such as grandparents, stepparents, or persons who have stood in loco parentis. The distinction matters in practice. A legal parent's right to time with their child is called parenting time and is governed by the parenting time statutes. A non-parent's right to time with a child is called visitation and is governed by the third-party rights statutes. Different legal standards apply to each. If you have an older order that uses the word visitation to describe a parent's time with their child, it is interpreted under current Arizona law as parenting time. The label does not change the rights and obligations it creates. See also the Access, Visitation, Parenting Time entry in this glossary. --- ### [Full Custody](https://www.bestlawaz.com/legal_definition/full-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Full custody is not a legal term under current Arizona law. People use it to mean that one parent has all or most of the parental rights and responsibilities for a child. Under Arizona law the concepts that correspond to full custody are sole legal decision making, primary parenting time, or both. When a client says they want full custody the first conversation is about what they actually mean. Do they want to be the only one making major decisions for the child? That is sole legal decision making. Do they want the child to live primarily with them? That is primary parenting time. Do they want to eliminate or severely restrict the other parent's involvement? That is a different question with its own legal analysis. Understanding what the client actually wants and translating it into the correct legal framework is the starting point for any parenting strategy. --- ### [Joint Legal Custody](https://www.bestlawaz.com/legal_definition/joint-legal-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Joint legal custody is older language that corresponds to joint legal decision making or a 50-50 parenting schedule under current Arizona law. The terms mean the same thing; both parents share the authority to make major nonemergency decisions for their child or share time with their child equally. Arizona moved away from the word custody in family law. Joint legal decision making reflects the same rights as what used to be called joint legal custody. Current orders and pleadings use the Arizona statutory term. See the Joint Legal Decision Making entry in this glossary for a full discussion of what shared decision making means in practice, when it is appropriate, and what tie-breaking provisions should look like. --- ### [Joint Physical Custody](https://www.bestlawaz.com/legal_definition/joint-physical-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Joint physical custody is older shorthand for a parenting schedule in which a child spends substantial time living with each parent. Under current Arizona law the concept is expressed as parenting time, with the schedule defining when the child is with each parent rather than which home is primary. What people call joint physical custody can look very different in practice. Equal time is one version. A schedule weighted 60-40 or 70-30 is another. The label matters less than the specific schedule and how well it serves the child's needs. Arizona does not presume that equal physical time is always in the child's best interests. The court looks at the specific family, the child's age and developmental needs, the distance between homes, school and activity schedules, and the parents' work arrangements. Equal time works well for some families and creates logistical and emotional problems for others. --- ### [Legal Custody](https://www.bestlawaz.com/legal_definition/legal-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Legal custody is older language for the authority to make major decisions for a child including education, health care, religious upbringing, and personal care. Arizona now uses legal decision making as the statutory term. Both phrases describe the same rights and responsibilities. See the Child Legal Decision Making and Legal Decision Making entries in this glossary for a full discussion of how Arizona courts address this issue and what the options look like in practice. --- ### [Parallel Parenting](https://www.bestlawaz.com/legal_definition/parallel-parenting/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Parallel parenting is not an official word used by the court. It describes a structured approach to co-parenting designed for high-conflict situations where direct communication between parents creates more problems than it solves. Rather than asking parents to cooperate closely, parallel parenting minimizes contact between the parents while maximizing each parent's independent authority in their own home. In a parallel parenting arrangement each parent makes day-to-day decisions independently during their own parenting time without consulting the other parent. Communication is limited, structured, and routed through a designated channel such as a co-parenting app rather than direct phone or text contact. Exchanges are brief and businesslike with no discussion beyond logistics. Parallel parenting is not ideal but it is often the most realistic structure for families where the conflict between parents is high enough that cooperative co-parenting produces more harm than good. A parenting plan built around parallel parenting accepts the reality of the relationship and creates structures that protect the child from being caught in the middle. Parallel parenting arrangements typically require more detailed parenting plans than cooperative arrangements because the reduced communication means more issues need to be resolved in advance by the plan itself rather than through ongoing parental negotiation. Courts do not order this. It is not written into Parenting Plans. It is almost by default when one parent just cannot and will not cooperate. --- ### [Physical Custody](https://www.bestlawaz.com/legal_definition/physical-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Physical custody is older wording for where a child lives and when the child is physically with each parent. Arizona now uses parenting time to describe these arrangements. The two phrases describe the same reality using different terminology. Sole physical custody in older language means the child lives primarily with one parent. Joint physical custody means the child spends substantial time with both parents. These concepts correspond to primary parenting time and shared parenting time under current Arizona law. All Arizona orders use current statutory terminology. Legal decision making. Parenting time. These are the terms that appear in statutes, rules, and court orders. --- ### [Sole Custody](https://www.bestlawaz.com/legal_definition/sole-custody/) **Published:** November 9, 2022 **Author:** Cindy Best **Content:** Sole custody is older language that in practice usually means one parent has sole legal decision making, the child lives primarily with that parent, and the other parent has limited parenting time. Under current Arizona law these components are addressed separately as sole legal decision making and a specific parenting time schedule. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), when domestic violence has been found, there is a mandatory presumption against awarding legal decision making of any type to the abusive parent. What used to be argued as a reason for sole custody in favor of the protective parent is now a legal presumption backed by statute. The protective parent starts from a much stronger position under the new law. --- ### [Non-Modifiable](https://www.bestlawaz.com/legal_definition/non-modifiable/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Non-modifiable means a term in a court order or agreement cannot be changed later regardless of what circumstances may arise. In Arizona family law the most significant use of non-modifiable provisions is in spousal maintenance agreements negotiated between the parties. When both spouses agree to make a spousal maintenance obligation non-modifiable, neither party can later petition the court to change the amount or the duration no matter what happens to their income, their health, or their circumstances. The court also loses jurisdiction to modify it. That finality is one of the most valuable things a negotiated settlement can produce and it is simply not available through a judicial award. A judge who orders spousal maintenance always enters a modifiable order. Non-modifiable provisions are only available through agreement. They cannot be imposed by a court. This is one of the primary reasons we encourage clients to consider mediation in spousal maintenance cases. The certainty a non-modifiable agreement provides has real financial and emotional value to both parties. Child support and parenting provisions generally cannot be made non-modifiable in the same way because the court retains jurisdiction to protect the child's interests as circumstances change. Property division provisions are effectively non-modifiable once the decree is entered because property is divided once and finally. --- ### [Notice to Attend Parent Information Program Classes and Order](https://www.bestlawaz.com/legal_definition/notice-to-attend-parent-information-program-classes-and-order/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The Parent Information Program is Arizona's required education program for parents involved in cases affecting children, including divorce, legal separation, paternity, and modification cases. In Maricopa County the program must be completed by both parents and the notice to attend is issued at the beginning of the case. The program covers the impact of divorce and conflict on children, communication strategies for co-parenting, how to support children through the transition, and what the court expects from parents going forward. It is not optional and failure to complete it can affect the case schedule. Both parents must complete the program separately. They do not attend together. Completion is typically required before the court will set certain hearings or enter a final decree. It is online. Approved providers and current requirements vary and change over time. Confirm current Maricopa County requirements with your attorney at the beginning of the case. Get it done early. It is one of those administrative requirements that creates unnecessary problems when it is left to the last minute. --- ### [Order of Protection](https://www.bestlawaz.com/legal_definition/order-of-protection/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An Order of Protection is a civil protective order available in Arizona when qualifying domestic violence allegations exist. It can be obtained from the Superior Court or a Justice Court without prior notice to the other party if the court finds reasonable cause that domestic violence has occurred or is imminent. If a family law case is on file, it will be heard in Superior Court and be heard by a judge or commissioner. A justice court is a lower court and it will hear your case if no divorce has been filed. An Order of Protection can prohibit contact between the parties, require one party to leave a shared residence, protect children as named protected parties, and impose other conditions appropriate to the situation. Violation of an Order of Protection is a criminal offense. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, Orders of Protection interact directly with the family court domestic violence framework. An Order of Protection obtained based on domestic violence is part of the documented history that supports the mandatory presumption against the abusive parent in any parenting proceeding. An Order of Protection is not a temporary parenting time order and it is not the same as a preliminary injunction in a divorce case. These are separate legal tools with different purposes and different processes. If you need an Order of Protection, contact us immediately. Do not wait for the divorce case to address safety concerns that require immediate intervention. A contested hearing on an Order of Protection is available to the person against whom the order was issued. It is usually scheduled within 5 days. If they fail to appear for the contested hearing for which they had actual notice the order remains in effect. The opportunity to challenge the order is at that hearing. It is in effect for two years. --- ### [Parenting Conference](https://www.bestlawaz.com/legal_definition/parenting-conference/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A parenting conference is a court-connected process typically offered through Conciliation Services in Maricopa County. It is used to help parents address specific parenting disputes, communication problems, or scheduling issues without a formal hearing. A parenting conference is not mediation and it is not a custody evaluation. It is a structured meeting facilitated by a court professional focused on a specific parenting issue. The outcome may be a written agreement, a referral for further services, or a recommendation to the court. Parenting conferences work best for parents who have a specific discrete dispute they cannot resolve on their own but who are capable of engaging in a facilitated conversation. They are less appropriate for high-conflict cases involving domestic violence, serious safety concerns, or situations where the power dynamics between the parties make genuine negotiation impossible. Availability and procedures vary. Confirm current Maricopa County options with your attorney before requesting or attending a parenting conference. --- ### [Parenting Plan](https://www.bestlawaz.com/legal_definition/parenting-plan/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A parenting plan is the required written court-ordered plan or agreement that defines how parents share legal decision making and parenting time after separation or divorce. It is one of the most important documents in any family law case involving children because it governs the day-to-day reality of the child's life for years. A complete parenting plan addresses legal decision making authority, the regular weekly schedule, holiday and school break schedules built around the actual school calendar the children attend, summer schedule, exchanges and transportation, communication between parents, extracurricular decisions and costs, medical decisions and information sharing, travel and international provisions including passport control, relocation procedures, and a dispute resolution process before either parent files a court motion. Arizona requires specific language in every parenting plan. Under A.R.S. § 25-403.05(B) every plan must include a provision requiring both parents to immediately notify the other if a convicted or registered sex offender or a person convicted of a dangerous crime against children may have access to the child. The most important thing about a parenting plan is specificity. Vague provisions produce ongoing disputes. A plan that says parents will communicate and cooperate does not tell anyone what to do when they cannot agree. A plan that specifies exactly what happens on each holiday, who picks up and who drops off, what the protocol is when a parent is late, and how disputes are resolved before they become court motions is a plan that actually works. We have written and negotiated hundreds of parenting plans. We know what provisions create conflict and what provisions prevent it. Read examples before you draft one and do not leave any significant question unanswered. If your son played baseball during the marriage, insert that activity into the plan so the other party cannot create chaos after the divorce by failing to take his son to his baseball games. This happens quite frequently. So details matter and it is important to insert them now while everyone is getting along. --- ### [Parenting Time](https://www.bestlawaz.com/legal_definition/parenting-time/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Parenting time is the Arizona statutory term for the schedule of time during which each legal parent has the child physically present with them. It replaced older language like visitation and physical custody in Arizona law. Using the current statutory term in all filings and orders is important for clarity and enforceability. Parenting time is decided based on the child's best interests under A.R.S. § 25-403. Arizona does not presume that equal parenting time is always in the child's best interests. The court looks at the specific child, the specific family, the distance between homes, the parents' work schedules, the child's school and activity needs, and all other relevant circumstances. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, when domestic violence has occurred there is a mandatory presumption that awarding parenting time to the abusive parent is contrary to the child's best interests. To obtain unsupervised parenting time the abusive parent must overcome that presumption by clear and convincing evidence. To obtain even supervised parenting time the standard is preponderance of the evidence. The child's preference to see the abusive parent is expressly irrelevant to this analysis. Parenting time is separate from legal decision making but the same presumptions apply as outlined above. Changes in parenting time require a showing of a substantial and continuing change in circumstances and must wait for one year unless it is concerning health and safety of the child. The court applies the best interests analysis to any proposed modification. --- ### [Paternity Action](https://www.bestlawaz.com/legal_definition/paternity-action/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A paternity action is an Arizona court case to establish the legal father of a child. Once paternity is established the court can address legal decision making, parenting time, and child support. A paternity action may be initiated by the mother, the alleged father, or the state. Paternity in Arizona can be established voluntarily through an Acknowledgment of Paternity signed by both parents, by a court order following genetic testing, or through the legal presumption of being married to the mother at the time of birth. Establishing paternity is the gateway to parental rights and parental responsibilities. A man who has not established legal paternity has no enforceable right to parenting time or legal decision making regardless of his biological relationship to the child. A mother who has not established paternity has no enforceable right to child support from the biological father. Paternity actions can be filed in the Superior Court. Genetic testing is available and admissible. If paternity is contested the court will typically order testing. Putative paternity can also be established in Arizona. If a male believes that he might be the father of a baby yet unborn, he can register on the Putative Father’s Registry so in case the baby is born to that particular partner, he will be notified. This is a safety measure for potential fathers who believe their partner might not contact them after the baby is born or might not contact them if they become pregnant. Without being registered, it is possible for a Father to never be notified and the baby might be adopted and he would lose all rights even though he never knew about the baby. --- ### [Paternity](https://www.bestlawaz.com/legal_definition/paternity/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Paternity is the legal determination of fatherhood. In Arizona, paternity may be presumed by law, acknowledged voluntarily, or established by court order. The method of establishment affects the legal rights and obligations that follow. Presumed paternity arises when a man is married to the child's mother at the time of birth. Voluntary acknowledgment of paternity through the state's administrative process creates legal paternity without a court proceeding. It can be rescinded within a short period but becomes binding after that window closes. Court-established paternity through a paternity action is the definitive legal determination. It is required when paternity is disputed or when the voluntary processes are not available or not appropriate. Once established by court order paternity creates enforceable rights to parenting time and enforceable obligations for support if the proper papers are filed in court. Having paternity does not give the father automatic rights to see or make decisions for the child. See discussion about Putative Father’s Registry in Arizona in the above definition of Paternity Action. --- ### [Pendency](https://www.bestlawaz.com/legal_definition/pendency/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Pendency refers to the period while a family law case is active before the court before final judgment is entered. A case is pending from the moment the petition is filed until the decree is signed and entered. During the pendency of the case the Preliminary Injunction is in effect, temporary orders govern the parties' conduct, and disclosure obligations are ongoing. --- ### [Petition](https://www.bestlawaz.com/legal_definition/petition/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A petition is the document that initiates an Arizona family law case or requests specific relief from the court. In a dissolution case the Petition for Dissolution of Marriage is the foundational document that starts everything. It identifies the parties, states the grounds for dissolution, describes the children and property, and states what the petitioner is asking the court to order. The petition is the petitioner's first statement to the court about the case. How it is framed, what it alleges, and what it requests set the tone for the proceedings that follow. A petition that is well-drafted, accurate, and complete serves the client better than one that is vague, overstated, or incomplete. Other types of petitions in Arizona family law include petitions to modify parenting time, petitions to modify child support, petitions to enforce, petitions for legal separation, and petitions for an Order of Protection. Each has its own required content and its own procedural requirements. Read the petition before you file it. Every allegation. Every request. Every attachment. A petition is a sworn document in some circumstances and a formal representation to the court in all of them. Accuracy matters. --- ### [Petitioner](https://www.bestlawaz.com/legal_definition/petitioner/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The petitioner is the party who files the initial petition asking the Arizona family court for relief. In a dissolution case the petitioner is the spouse who files first. Being the petitioner carries no inherent advantage or disadvantage in the outcome of the case. It simply means you initiated the proceedings. The petitioner bears the initial burden of properly serving the respondent and ensuring the case is properly before the court. The petitioner's counsel typically takes the lead in scheduling and case management in the early stages. In some contexts being the petitioner matters for procedural sequencing. At trial the petitioner typically presents their case first. In modification proceedings the party seeking the change is typically the petitioner regardless of who filed the original dissolution. There is occasionally strategic value in filing first in terms of establishing the narrative of the case from the beginning and ensuring the court is in the jurisdiction of your choice. But it is rarely determinative of outcome. --- ### [Preliminary Injunction Order](https://www.bestlawaz.com/legal_definition/preliminary-injunction-order/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The Preliminary Injunction is a standard Arizona family law order that issues automatically when a dissolution or legal separation petition is filed. It goes into effect on the petitioner immediately upon filing and on the respondent upon service. Both parties are bound by it from those respective moments. The Preliminary Injunction prohibits both parties from transferring, encumbering, concealing, selling, or otherwise disposing of community property without the written consent of the other party or a court order. It prohibits changing or canceling insurance policies including health, auto, life, and homeowner's insurance. It prohibits harassment of the other party. It prohibits taking the children out of Arizona without the written consent of the other party or a court order. Violations of the Preliminary Injunction are contempt of court with real consequences. They also damage credibility with the court in ways that affect the entire case. Every client should receive and understand the Preliminary Injunction at the beginning of representation. Document that you advised them of it. The Preliminary Injunction remains in effect until the decree is entered, the case is dismissed, or the court modifies it. It is not a temporary restraining order and it is not an Order of Protection. It applies to both parties equally and addresses financial and parenting conduct during the pendency of the case. --- ### [Prenuptial/Premarital Agreements](https://www.bestlawaz.com/legal_definition/prenuptial-premarital-agreements/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A prenuptial or premarital agreement is a contract entered before marriage that defines the financial rights and obligations of each spouse if the marriage ends in divorce or death. It can address how property is characterized, what spousal maintenance if any will be paid, how assets accumulated during the marriage are treated, what happens to pre-marriage property, and virtually any other financial matter the parties can agree to. A prenuptial agreement replaces Arizona community property and spousal maintenance framework between two spouses. It does not affect the rights of third parties or child-related obligations which are governed by the child's best interests regardless of what the parents agreed to. There is a persistent misconception that prenuptial agreements only benefit the wealthier spouse. That is often wrong. The spouse who plans to leave the workforce to raise children may actually need a prenuptial agreement more than the spouse with more assets. The default Arizona guidelines focus on self-sufficiency and do not compensate someone for foregone career earnings, lost retirement savings, and professional development that never happened. A prenuptial agreement can address all of that directly. For a prenuptial agreement to be enforceable in Arizona it must be in writing, signed voluntarily by both parties, with full and fair disclosure of each party's assets and financial situation, and ideally with each party having had the opportunity to consult with independent counsel. Agreements signed under pressure, without disclosure, or without time to review are vulnerable to challenge. A postnuptial agreement can serve the same function and is available during the marriage if a prenuptial agreement was not done. Both types of agreements require careful drafting and independent review to be enforceable. --- ### [Primary Residence](https://www.bestlawaz.com/legal_definition/primary-residence/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Primary residence refers to the home where a child primarily lives for practical purposes such as school enrollment, medical provider registration, and community connection. It is a practical concept rather than a specific legal status under current Arizona law. The parenting plan defines the parenting time schedule and one home is typically designated as the child's primary residence for school enrollment purposes. That designation matters for which school district the child attends, which parent's address is used on official records, and how certain practical decisions are made. Primary residence does not automatically determine legal decision making authority. A parent can be the primary residential parent without having sole legal decision making. The two questions are addressed separately in the parenting plan. In high-conflict cases the question of which home is primary is sometimes more emotionally significant than it is practically determinative. The parenting time schedule and the specific provisions of the parenting plan govern the child's life. The label of primary residence is secondary to those specifics. --- ### [Primary Residential Parent](https://www.bestlawaz.com/legal_definition/primary-residential-parent/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Primary residential parent is a practical label for the parent with whom the child lives most of the time. It is not a formal legal term under current Arizona statutory language but it appears in parenting plans and is used commonly by parents, schools, and institutions. Being the primary residential parent typically means the child's primary address is at that parent's home, school enrollment flows from that address, and the child spends more than half of their overnights there over the course of a year. The designation of primary residential parent does not by itself determine legal decision making authority. Joint legal decision making and primary residential status for one parent coexist in many Arizona parenting plans. When parenting time is substantially unequal, child support is typically calculated based on the number of parenting time days each parent has. The parent with fewer days typically pays support to the parent with more days. The primary residential parent designation correlates with but does not automatically determine the support calculation. --- ### [Pro per](https://www.bestlawaz.com/legal_definition/pro-per/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Pro per means a person is representing themselves in a court proceeding without an attorney. Arizona courts also use the phrase pro se to mean the same thing. Both phrases describe a self-represented party. Arizona family courts see substantial numbers of self-represented parties. The courts have self-help resources and legal aid organizations serve some qualifying individuals. Court staff can answer procedural questions but cannot give legal advice. Representing yourself in a family law case is legal but it carries real risks. Family law involves complex rules of procedure, evidence, and substantive law. Mistakes in self-represented cases can produce orders that are difficult or impossible to undo. The other party having an attorney while you do not creates an inherent imbalance that affects both the process and the outcome. If you don’t have an attorney in court, you are held to the same standard as an attorney to know the law and procedures. Best Law Firm offers divorce coaching as an alternative for people who cannot afford or do not want full representation. A coaching client handles their own case but consults with Tali by the hour to understand the legal framework, prepare for hearings, review documents, and make informed decisions. It is a middle ground between full representation and navigating the process entirely alone. --- ### [Property Settlement Agreement](https://www.bestlawaz.com/legal_definition/property-settlement-agreement/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A property settlement agreement is the written contract dividing assets and debts in an Arizona divorce or legal separation. It may be a standalone document or incorporated directly into the consent decree. Either way it becomes a binding court order when the judge signs the decree. A complete property settlement agreement addresses every asset and every debt. The family home with sale or refinancing provisions and specific deadlines. All bank and investment accounts with specific transfer instructions. Retirement accounts with QDRO provisions. Vehicles with title transfers and loan responsibility. Business interests with valuation and buyout terms. Personal property allocation. All debts with specific assignments and refinancing deadlines. Spousal maintenance terms. Tax provisions for the transition year and beyond. Indemnification language so that if one party fails to pay a joint debt the other can recover from them. Nothing vague. Every dollar amount, every account number, every transfer deadline, every refinancing obligation stated specifically. A property settlement agreement that leaves anything to interpretation will produce a dispute about interpretation. This is not a required document if everything can be handled and outlined in the decree. --- ### [Protective Order](https://www.bestlawaz.com/legal_definition/protective-order/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Protective order is a broad phrase that can refer to several different types of Arizona court orders designed to protect a person from harm and unwanted contact. The most common in family law is an Order of Protection. An Order of Protection is available when qualifying domestic violence allegations exist under A.R.S. § 13-3602. It can be obtained ex parte without prior notice to the other party. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) an Order of Protection based on domestic violence is part of the documented history that supports the mandatory presumption in any parenting proceeding. --- ### [Reconciliation Request](https://www.bestlawaz.com/legal_definition/reconciliation-request/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A reconciliation request is a request to pause or redirect a family law case toward possible reconciliation of the marriage. Arizona law allows parties to request a conciliation process through Conciliation Court services in certain circumstances. A reconciliation request does not automatically stop a case. The procedural effect depends on the timing of the request, the type of case, and the applicable local rules. In some circumstances a conciliation request can result in a temporary stay of proceedings while reconciliation is explored. Reconciliation attempts do not affect the ultimate right to proceed with dissolution if reconciliation is not achieved. If the conciliation process does not result in reconciliation the case resumes. Reconciliation services are not appropriate in every case. When domestic violence is present reconciliation efforts that put the parties in contact can create safety concerns. Confirm what services are available and appropriate before pursuing a reconciliation request. --- ### [Redact](https://www.bestlawaz.com/legal_definition/redact/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** To redact means to remove or obscure sensitive identifying information from a document before it is filed with the court or exchanged with the other party. In Arizona family law, the Sensitive Data Cover Sheet is used to keep certain information out of the public court record. Documents filed with the court should not contain full social security numbers, full financial account numbers, or dates of birth except on the cover sheet. Redaction is required not just recommended. Filing unredacted sensitive information in a public court record creates real risks for your client. Identity theft, financial exposure, and safety concerns can all flow from careless handling of sensitive data in court filings. When producing documents in discovery, review them for sensitive information that should be redacted before production. Bank statements, tax returns, medical records, and employment records may all contain information that should be protected. Electronic documents require particular care. Metadata in electronic files can contain information not visible in the printed version. Be careful about what is embedded in documents exchanged with opposing counsel or filed with the court. --- ### [Relocation](https://www.bestlawaz.com/legal_definition/relocation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Relocation is one of the most complex and consequential issues in Arizona family law. Under A.R.S. § 25-408, a parent who has parenting time rights and who plans to relocate with the child outside Arizona or more than 100 miles within Arizona must provide written notice to the other parent at least 45 days before the proposed move. The notice must be sent by certified mail return receipt requested. The other parent then has 30 days to file a petition objecting to the relocation. If no objection is filed the relocating parent may proceed. If an objection is filed the court decides whether relocation is in the child's best interests. The relocation analysis looks at the reason for the move, the impact on the child's relationship with the non-relocating parent, the child's ties to the current community, the quality of life improvements the relocation may offer, the feasibility of a modified parenting plan if relocation is allowed, and all other best interests factors. Relocation cases are among the most emotionally difficult and legally complex in family law. Both the relocating parent and the parent left behind face significant life changes depending on the outcome. Early consultation with an attorney is essential. The 45-day notice and 30-day objection window are both strict and missing them can have serious procedural consequences. Every parenting plan should include specific relocation provisions addressing what notice is required, how the parties will communicate about proposed moves, and what happens to the parenting schedule if relocation is approved or denied. --- ### [Request for Admissions](https://www.bestlawaz.com/legal_definition/request-for-admissions/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A request for admissions is a formal discovery tool asking the other party to admit or deny specific facts or the genuineness of specific documents. Requests for admissions are used to eliminate the need to prove at trial facts that should not be in genuine dispute. When a party fails to respond to a request for admissions within the required time the matter is deemed admitted. That deemed admission can then be used at trial without further proof. This consequence makes timely and accurate responses to requests for admissions critically important. Requests for admissions work best when targeted to specific factual matters that are either clearly true or clearly false. They are not a substitute for disclosure or for depositions on complex factual issues. Used strategically they can significantly reduce the scope of what must be proven at trial. See also the Admissions entry in this glossary. --- ### [Request for Production of Documents](https://www.bestlawaz.com/legal_definition/request-for-production-of-documents/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A request for production of documents is a formal discovery request asking the other party to produce records, electronically stored information, and other tangible items within their possession, custody, or control. It is one of the formal discovery tools available in addition to the mandatory Rule 49 disclosure. Requests for production are most useful when the Rule 49 disclosure was incomplete, when specific categories of documents are needed that were not included in disclosure, or when third-party records need to be obtained through subpoena rather than party disclosure. Responses to requests for production must be made within the time allowed by the Arizona Rules of Family Law Procedure. Objections must be specific and timely. Producing documents with improper redactions or withholding documents without proper objection can have serious consequences. Electronic discovery is increasingly common in family law cases. Text messages, emails, financial platform records, social media, and cloud-stored documents may all be subject to production. Understand what your client has before responding to production requests and advise them about preservation obligations from the beginning of the case. --- ### [Residency/Jurisdiction](https://www.bestlawaz.com/legal_definition/residency-jurisdiction/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Residency and jurisdiction are two related but distinct concepts that determine whether an Arizona court has authority to decide a family law case. For divorce jurisdiction, at least one spouse must have been domiciled in Arizona for at least 90 days before the petition is filed. Domicile means the state where a person lives with the intent to remain. Meeting this requirement gives the Arizona court authority to dissolve the marriage and divide Arizona property. For jurisdiction over children, Arizona follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA generally gives jurisdiction over child custody matters to the child's home state, which is the state where the child has lived for at least six consecutive months before the case is filed. If the child has recently moved from another state the home state analysis can be complex. Jurisdiction over the marital property and jurisdiction over the children are not always in the same state. A divorce can proceed in Arizona while custody jurisdiction remains in another state if the child has not yet established Arizona as their home state under the UCCJEA. These multi-state situations require careful analysis before any petition is filed. Arizona courts recognize tribal nations as states for UCCJEA purposes. When a child has connections to a tribal nation the jurisdictional analysis must address the tribe's jurisdiction. --- ### [Resolution Management Conference](https://www.bestlawaz.com/legal_definition/resolution-management-conference/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A Resolution Management Conference, commonly called an RMC, is an Arizona family court conference used to manage the case schedule, identify issues, assess settlement prospects, and set the case on a track toward resolution or trial. In Maricopa County RMCs are scheduled early in contested cases. Both parties and their attorneys attend the RMC. The judicial officer presiding reviews the case status, hears brief summaries of the issues from both sides, identifies what has been resolved and what remains contested, and may set deadlines, referrals, or hearing dates. The RMC is not a trial and it is not a full evidentiary hearing. But it is an opportunity. Judicial officers form impressions at RMCs. Coming in prepared, professional, and reasonable makes a difference. Coming in with a laundry list of complaints and unrealistic demands does not. Any issues resolved at the RMC can be placed on the record and made binding. A Resolution Management Statement is typically required before the conference. See the Resolution Management Statement entry in this glossary. --- ### [Resolution Management Statement](https://www.bestlawaz.com/legal_definition/resolution-management-statement/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A Resolution Management Statement is a required case management document submitted before a Resolution Management Conference in many Arizona family law cases. It typically describes the issues in the case, what has been resolved, what remains contested, the parties' positions on contested issues, the status of disclosure, and what the party needs from the court to move the case forward. This outline can be found on the court’s website. The Resolution Management Statement is also the document where a party's settlement position is articulated for the court. It should be honest about what is contested and why, realistic about the range of likely outcomes, and focused on what the party actually needs. --- ### [Respondent](https://www.bestlawaz.com/legal_definition/respondent/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The respondent is the party who receives and responds to the petition in an Arizona family law case. In a dissolution case the respondent is the spouse who did not file the petition. Being the respondent carries no inherent disadvantage. The outcome of a dissolution case does not depend on who filed first. The respondent has a specific window to file a response after being served. Twenty days if served in Arizona, thirty days if served outside Arizona. Missing the response deadline creates a default situation that can move the case forward without the respondent's participation. A respondent who does not agree with what the petitioner is requesting should file a response that addresses each allegation and states their own position. If the respondent is seeking affirmative relief, such as asking for specific property, maintenance, or parenting arrangements, they file a counter-petition along with their response. The response deadline begins running from the date of service, not from the date you decide to act. Failing to respond has serious consequences and you may lose your property and your children if you don’t respond. --- ### [Rules of Court](https://www.bestlawaz.com/legal_definition/rules-of-court/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Rules of court are the procedural rules that govern how family law cases move through the Arizona court system. The primary set is the Arizona Rules of Family Law Procedure, which address filings, service, disclosure, discovery, hearings, evidence, and all other procedural matters in family court. In addition to the statewide rules, Maricopa County has local rules and individual judicial officers have standing orders and preferences that apply in their courtrooms. The combination of statewide rules, local rules, and individual judicial practices means that what works in one courtroom may not work in another. Rule 49 governs mandatory disclosure and is one of the most important rules in every family law case. Rule 69 governs settlement agreements and defines when an agreement becomes binding. Rule 40 governs mediation and contains the confidentiality protections that make mediation memos inadmissible at trial. --- ### [Separate Property](https://www.bestlawaz.com/legal_definition/separate-property/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Separate property is property that belongs to one spouse rather than to the marital community. In Arizona, sole and separate property includes property owned before the marriage, property received as a gift during the marriage, and property received through inheritance during the marriage. The court cannot award one spouse's separate property to the other spouse as part of the community estate. The challenge with separate property is proving it. The burden is on the spouse claiming separate property to establish its character. Bank records, deed records, gift letters, probate documents, and transaction histories are all potentially relevant. Property that was separate at the time of marriage can lose its separate character through commingling with community funds. Community funds used to benefit separate property can give rise to a community reimbursement claim/lien. If community income was used to pay the mortgage on a separately owned home the community may be entitled to partial reimbursement of those payments before the remaining equity is awarded to the separate property spouse. Separate property analysis in complex cases such as inherited businesses, pre-marriage investment portfolios, real estate purchased before marriage and improved during it can require expert testimony and forensic accounting. The earlier this analysis begins the better. Records from years or decades ago may be difficult to locate if they are not preserved. Under A.R.S. § 25-213 property acquired by gift or inheritance during marriage is the separate property of the recipient spouse. It is worth noting that property acquired after service of the dissolution petition is also generally the separate property of the acquiring spouse. --- ### [Service of Process/Summons](https://www.bestlawaz.com/legal_definition/service-of-process-summons/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Service of process is the formal delivery of court papers that gives the other party legal notice of the case and what is being requested. In Arizona family law, the Petition for Dissolution and the Summons must be properly served on the respondent. All deadlines in the case, the response deadline, the 60-day waiting period, and others run from the date of service. Arizona allows service by a process server, by the county sheriff, by certified mail with return receipt in limited circumstances, or by acceptance of service where the respondent signs a formal acknowledgment. Service by publication is available as a last resort when the respondent cannot be located after diligent effort. Proof of service must be filed with the court. The date and method of service must be accurately documented. A defective service can create procedural problems that delay the entire case. --- ### [Holiday Plan](https://www.bestlawaz.com/legal_definition/holiday-plan/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A holiday plan is the section of an Arizona parenting plan that allocates holidays, school breaks, birthdays, vacations, and other special occasions between the parents. It is one of the most important and most frequently disputed sections of any parenting plan because it determines where the child is on the days that matter most to both parents. A good holiday plan is specific and built around the actual school calendar the child attends. It names each holiday by name, states which parent has the child that year on an alternating or fixed basis, and addresses tie-breaking conflicts between the holiday schedule and the regular schedule. Vague holiday provisions produce annual disputes. Common issues include what counts as a holiday for schedule purposes, how many days surround each holiday, what happens when a holiday falls on a regularly scheduled day for the other parent, and how travel time is accounted for. Parents often have very different ideas about which occasions are important enough to warrant specific provisions. Summer vacation, spring break, winter break, Thanksgiving, and school-year holidays should all be addressed explicitly. So should Mother’s Day, Father’s Day, each parent’s birthday, and each child’s birthday. The more specific the holiday plan the less room there is for annual conflict. --- ### [Injunction](https://www.bestlawaz.com/legal_definition/injunction/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An injunction is a court order requiring a person to do something or stop doing something. In Arizona divorce cases the most common injunction is the Preliminary Injunction that issues automatically when a dissolution petition is filed. It restricts both parties from disposing of community assets, canceling insurance policies, harassing the other party, and taking the children out of Arizona without consent. Don’t cancel insurance during the divorce litigation. Beyond the Preliminary Injunction, injunctive relief can be sought to address specific conduct that threatens the parties or the children during the divorce. Courts can enjoin a party from accessing financial accounts, contacting certain people, approaching a residence, or taking other specific actions when the facts support it. An Injunction Against Harassment is a separate type of civil protective order available when a person has been subjected to a series of acts that would cause a reasonable person serious alarm or distress. It is different from an Order of Protection and requires a higher showing under Arizona law. At least two separate acts of harassment are required to obtain an Injunction Against Harassment. Violating an injunction is contempt of court with real consequences. If the other party is violating the Preliminary Injunction or any other injunctive order, document it and address it with your attorney. Do not assume violations will resolve themselves. --- ### [In loco parentis](https://www.bestlawaz.com/legal_definition/in-loco-parentis/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** In loco parentis is a Latin term meaning in the place of a parent. In Arizona family law it refers to a person who has assumed a parental role toward a child without formal legal adoption, forming a meaningful parental relationship through day-to-day care, financial support, and emotional commitment. Arizona courts recognize in loco parentis status in certain third-party rights proceedings. A stepparent, a domestic partner of a parent, a grandparent, or another adult who has stood in loco parentis to a child may have standing to seek parenting time or other rights under Arizona law depending on the length and nature of the relationship. Standing under in loco parentis is a threshold question. Meeting the threshold does not guarantee any particular outcome. The court still applies a best interests analysis and gives meaningful weight to the legal parents’ positions about the relationship. In loco parentis claims are fact-intensive and outcome-sensitive. The strength of the claim depends on the specific history of the relationship between the adult and the child, how long it lasted, what it looked like in practice, and how it ended. These cases require careful analysis before any petition is filed. --- ### [Interrogatories](https://www.bestlawaz.com/legal_definition/interrogatories/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Interrogatories are written questions served on a party during discovery that must be answered in writing and under oath within the time allowed by the Arizona Rules of Family Law Procedure. They are one of the formal discovery tools available in addition to the mandatory Rule 49 disclosure. Interrogatories work best when targeted to specific information that is not available another way. They are useful for identifying financial accounts, business interests, employment history, income sources, and prior proceedings. They are less useful for developing narrative testimony or exploring complex factual disputes, where depositions are usually more effective. Responses to interrogatories are sworn statements. Evasive, incomplete, or false answers have consequences. Answers that contradict later testimony at trial undermine credibility significantly. Both asking and answering interrogatories require care and precision. Interrogatories are not always necessary or worth the cost. In a case where Rule 49 disclosure is complete and the financial picture is clear, formal interrogatories may add more expense than value. In a case with hidden assets, a complex business structure, or a party who is not being forthcoming in disclosure, interrogatories can be an important tool. Use them strategically. --- ### [Irretrievably Broken/Irreconcilable Differences](https://www.bestlawaz.com/legal_definition/irretrievably-broken-irreconcilable-differences/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Irretrievably broken is the Arizona statutory standard for obtaining a divorce in a non-covenant marriage. It means the marriage has broken down and there is no reasonable prospect of reconciliation. Arizona is a no-fault divorce state for standard marriages. The court does not decide who caused the marriage to fail. It only needs a finding that the marriage is irretrievably broken. Either spouse can make this finding. One spouse cannot prevent a divorce in a standard Arizona marriage by refusing to agree that the marriage is broken. If one party says the marriage is irretrievably broken and the other disagrees, the court will typically find in favor of the party seeking dissolution after a brief hearing. Irreconcilable differences is another phrase for the same concept used in other states. Arizona statutes use irretrievably broken. The practical effect is the same: no showing of fault, wrongdoing, or specific cause for the divorce is required in a standard marriage. In a covenant marriage the standard is different. Specific statutory grounds are required. See the Covenant Marriage entry in this glossary for more detail. --- ### [Joint Legal Decision-making](https://www.bestlawaz.com/legal_definition/joint-legal-decision-making/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Joint legal decision making means both parents share the legal right and responsibility to make major nonemergency decisions about their child’s education, health care, religious upbringing, and personal care. It requires both parents to be involved and to reach agreement — or to have a process for resolving disagreements on decisions that significantly affect the child. Joint legal decision making is not the same as equal parenting time. Parents can share legal decision making on a very unequal parenting schedule, and one parent can have substantially more parenting time while decision making is shared. The two questions are decided separately. Arizona courts may award joint legal decision making when the parents can communicate and cooperate on major decisions despite their personal disagreement about other things. The test is not whether the parents like each other. It is whether they can function well enough to make major decisions for their child when needed. Joint legal decision making is not appropriate in every case. When there is a documented history of domestic violence the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) creates a mandatory presumption against awarding any legal decision making to the abusive parent. When the parents have demonstrated an inability to communicate or cooperate on anything involving the child, joint decision making tends to produce more conflict and more litigation rather than less. Tie-breaking provisions matter when joint legal decision making is awarded. If the parents cannot reach agreement how does the impasse get resolved. Some decrees give one parent tie-breaking authority on specific categories. Others require a dispute resolution process before any parent acts unilaterally on a major decision. The specific mechanism matters and should be negotiated carefully. --- ### [Joint Parenting Time](https://www.bestlawaz.com/legal_definition/joint-parenting-time/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Joint parenting time is informal language for a schedule in which both parents have meaningful and significant time with the child. It does not necessarily mean equal time, though equal time is one version of it. In Arizona, the specific schedule how many overnights, which weekdays, which weekends, which holidays is what the parenting plan defines. The label is less important than the actual arrangement. Arizona does not presume that equal parenting time is always in the child’s best interests. The court looks at the specific family, the child’s needs and relationships, the parents’ work schedules and living situations, the child’s school and activity schedule, and the distance between the homes. Equal time works well in some families. It creates logistical and emotional problems in others. Joint parenting time arrangements require communication and cooperation between parents to work well day to day. The parenting plan should anticipate that reality and build in protocols for schedule changes, communication, and conflict resolution that match the actual dynamics of this family. --- ### [Legal Decision-making](https://www.bestlawaz.com/legal_definition/legal-decision-making/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Legal decision making is the Arizona statutory term for the legal right and responsibility to make major nonemergency decisions for a child. These decisions include education, health care, religious upbringing, and personal care. This is what the rest of the country often calls legal custody. Legal decision making can be awarded jointly to both parents or solely to one. Courts decide it separately from parenting time. A parent can have joint legal decision making without equal time with the child, and a parent can have significant parenting time without legal decision making authority. The court decides legal decision making based on the child’s best interests, not based on any presumption related to the parent’s gender, income, or prior role in the household. What the court looks at is which arrangement is most likely to serve the child’s education, health, stability, and wellbeing. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), when a court finds domestic violence has occurred, there is a mandatory presumption against awarding any legal decision making to the abusive parent. That presumption must be overcome by clear and convincing evidence before any decision making authority can be awarded. It is just not a factor to weigh. It is a presumption the abusive parent must overcome. --- ### [Legal Separation](https://www.bestlawaz.com/legal_definition/legal-separation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Legal separation is an Arizona court process that resolves many of the same issues as divorce property division, debt allocation, and spousal maintenance but does not terminate the marriage. The parties remain legally married at the end of a legal separation proceeding. It can include child issues but those can be relitigated in a subsequent divorce but the financial issues cannot be. Legal separation may be chosen for religious reasons that preclude divorce, to maintain health insurance coverage that would end upon divorce, to preserve certain marital benefits such as military or Social Security eligibility, or simply because the parties are uncertain about whether they want the marriage to end permanently. One important limitation: either party can convert a legal separation to a dissolution of marriage during the proceedings or after the decree is entered if they later decide they want an actual divorce. The legal separation does not prevent that conversion. Legal separation is not a common choice in Arizona practice but it is the right choice for some families. If you are uncertain whether separation or dissolution is the right path for your situation, that is a good conversation to have in a consultation before you file anything. --- ### [Litigate](https://www.bestlawaz.com/legal_definition/litigate/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** To litigate means to resolve a dispute through the court process rather than by private agreement. In Arizona family law, litigation means taking contested issues to a judge for decision rather than resolving them through negotiation, mediation, or settlement. Not every family law case needs to be litigated. Most cases settle. Litigation is most appropriate when the parties cannot reach a reasonable agreement after good-faith negotiation, when one party is hiding assets or acting in bad faith, when safety concerns require court intervention, or when the legal issues are complex enough that a judge’s ruling is necessary to establish enforceable rights. Litigation costs more, takes longer, and produces less predictable outcomes than negotiated resolution. A judge who has limited time to understand a complex family makes decisions that the parties then have to live with. Parties who negotiate a settlement control their own outcome. That said, some cases need to be litigated. A party who refuses to disclose assets, who takes extreme positions that cannot be resolved, or who uses the process itself to harm the other party sometimes needs a judge to impose a result. Understanding when litigation is necessary and when it is merely expensive is one of the most important strategic judgments in every case. --- ### [Maiden Name Restoration](https://www.bestlawaz.com/legal_definition/maiden-name-restoration/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Maiden name restoration is the process by which a person reclaims a former legal name as part of an Arizona divorce decree. Arizona allows a party to request restoration of a prior name in the dissolution proceedings and the court can order it in the decree. The restored name must be a former legal name, a name the person held before the marriage. Courts in Arizona do not grant requests for a name that the person has never legally held. The decree restores an existing prior name rather than creating a new one. Once the decree orders name restoration the person needs to update their name with the Social Security Administration, their state driver’s license, their passport, their bank accounts, their employer records, and any other institution or agency that carries the prior name. The decree itself is typically the document required to initiate those updates. Name restoration is entirely optional. Many people choose to keep the married name after divorce for professional reasons, for continuity with children, or simply by preference. Requesting restoration in the decree does not require using the restored name immediately or ever. It simply creates the legal authority to do so. --- ### [Marital Settlement Agreement](https://www.bestlawaz.com/legal_definition/marital-settlement-agreement/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A marital settlement agreement is a written contract resolving some or all of the issues in an Arizona divorce or legal separation. It may address property division, debt allocation, spousal maintenance, attorney fees, and if the parties have agreed, child support, legal decision making, and parenting time. When a marital settlement agreement covers all required issues and the court approves it, it becomes the basis for the consent decree. The agreement itself is incorporated into the decree or attached to it and given the force of a court order. A well-drafted marital settlement agreement is specific enough to enforce without further court intervention. Dollar amounts, specific assets, specific debts, transfer deadlines, refinancing provisions, QDRO requirements, and every other material term should be spelled out. Ambiguous agreements produce enforcement disputes. Child-related provisions in a marital settlement agreement are subject to a best interests review by the court even when both parties agree. The court is not bound by what the parents agreed to if the agreement does not serve the child’s interests. This is one of the few areas where agreement between competent adults is not automatically given effect. --- ### [Mediation](https://www.bestlawaz.com/legal_definition/mediation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Mediation is a settlement process in which a neutral mediator helps parties negotiate family law issues without a judge making the decision. The mediator does not decide anything. The mediator facilitates the conversation, helps identify what each party actually needs, reality-tests positions, and helps both sides find solutions they can live with. In Arizona family law, mediation can address every issue in the case: property division, debt allocation, spousal maintenance, legal decision making, parenting time, child support, attorney fees, and any other contested matter. Agreements reached in mediation can be made binding through a Rule 69 agreement or incorporated into a consent decree. Best Law Firm offers several mediation configurations. We can serve as neutral mediators when neither party has an attorney or when both parties have their own attorneys. We can represent one party in a mediation conducted by an outside mediator. We can negotiate a direct settlement without formal mediation when both sides are represented. Mediation produces outcomes that litigation cannot. A mediated spousal maintenance agreement can be made non-modifiable, structured as a lump sum, exchanged for an asset, stepped down at defined milestones, or secured with life insurance or a real estate lien. A judge can only order monthly payments. A mediated parenting agreement can be tailored to the specific family in ways a judicial order cannot. The flexibility of mediation is one of its most important advantages over going to trial. Domestic violence and mediation require careful assessment. Under A.R.S. § 25-381.09 the mediator must assess whether mediation is appropriate when domestic violence is alleged. In some cases separate sessions and structured communication can make mediation workable. In others the power dynamics make genuine negotiation impossible and a hearing is necessary. --- ### [Mediator](https://www.bestlawaz.com/legal_definition/mediator/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A mediator is a neutral professional who helps parties identify issues, exchange proposals, and reach agreements without judicial intervention. In Arizona family law, mediators may be attorneys, mental health professionals, or retired judges with specific family law experience. The mediator’s role is not to give legal advice to either party or to decide who is right. It is to create the conditions under which the parties can reach their own informed agreement. A good mediator helps people hear each other, understand the realistic range of outcomes if they do not settle, and focus on what actually matters to them rather than getting stuck in positional bargaining. When a mediator is also an attorney, they are serving in a neutral capacity. They are not representing either party. An attorney-mediator who mediates a case cannot then represent one of the parties in that same matter. The neutral role is incompatible with advocacy. Tali Best Collins, Esq. and Megan Spaulding, Esq. are certified mediators at Best Law Firm. Tali also served as a Judge Pro Tem in Maricopa County Superior Court, which gives her a clear picture of how contested family law matters are decided and what realistic outcomes look like from the bench. That perspective is directly useful in mediation. --- ### [Minute Entry](https://www.bestlawaz.com/legal_definition/minute-entry/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A Minute Entry is the written record of what happened at a hearing and the court’s resulting order. In Arizona family court, the Minute Entry is typically the operative court order following any hearing or ruling. It is not a formal written opinion. It is the court’s documentation of what occurred and what was decided. Read every Minute Entry the moment it arrives. Every single one. Judges put requirements, deadlines, directives, and specific orders in Minute Entries. Missing something in a Minute Entry is not an excusable oversight. Calendar every deadline immediately. If something in the Minute Entry is unclear call the clerk or ask your attorney. Do not guess. After trial in Arizona family law, the Minute Entry often serves as the operative ruling. The parties may then be directed to prepare a formal decree based on the Minute Entry. Understanding exactly what the Minute Entry says is essential before drafting any post-trial documents. Reviewing Minute Entries on cases that are not yours is one of the fastest ways to learn how individual judges communicate, what they require, and how they run their courtrooms. Different judges have very different styles and preferences. Know yours before you walk into their courtroom. --- ### [Modification](https://www.bestlawaz.com/legal_definition/modification/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Modification means changing an existing family court order. In Arizona, child support, spousal maintenance, legal decision making, and parenting time can all potentially be modified after the original decree is entered if the applicable legal standard is met. The standard for modifying parenting time and legal decision making is a showing of a substantial and continuing change in circumstances that makes the modification in the child’s best interests. This is a real standard, not a low bar. A temporary change, a disagreement about how things are going, or simply wanting something different is not enough. The change must be significant, it must be ongoing, and the proposed modification must actually serve the child. Child support modification follows the support guidelines and requires a showing that the current amount would change by a meaningful threshold if recalculated based on current circumstances. Spousal maintenance modification under A.R.S. § 25-327 also requires a substantial and continuing change in circumstances unless the agreement providing for maintenance is non-modifiable. Property division is generally not modifiable after the decree is entered. The final property allocation is intended to be permanent. Enforcement of a property provision is different from modification of it. A non-modifiable spousal maintenance agreement negotiated by the parties cannot be reopened by either party regardless of changed circumstances. That finality is one of the most significant advantages of a negotiated settlement over a judicial award. --- ### [No Fault](https://www.bestlawaz.com/legal_definition/no-fault/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** No fault means that Arizona does not require proof that one spouse caused the marriage to fail in order to grant a divorce. In a standard non-covenant marriage, the only finding the court needs is that the marriage is irretrievably broken. Neither party has to establish that the other did anything wrong. This matters practically in several ways. You cannot prevent your spouse from divorcing you by being a good spouse. You cannot obtain a better outcome in the property or support proceedings by proving your spouse was unfaithful or unkind. Marital misconduct is generally not a factor in property division or spousal maintenance under Arizona law. No fault does not mean conduct is always irrelevant. Domestic violence is directly relevant to parenting decisions. Waste of community assets is relevant to property division. A spouse who dissipates community property can be held accountable for it regardless of the no-fault framework. The no-fault principle applies to the grounds for divorce, not to every aspect of the case. Arizona has been a no-fault divorce state for standard marriages for many years. The concept is well-established. Understanding it helps clients avoid investing energy in proving wrongdoing that will not affect the outcome and refocus on the issues that actually will. --- ### [Access, Visitation, Parenting Time](https://www.bestlawaz.com/legal_definition/access-visitation-parenting-time/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** These three terms describe the same basic idea when a child is physically with a parent or another person but they are not interchangeable under Arizona law and the distinction matters. Arizona statutes now use parenting time when referring to a legal parent’s scheduled time with a child. Visitation is reserved for non-parents such as grandparents or a person standing in loco parentis. The shift in language is intentional. Parenting time reflects the reality that both parents remain involved in a child’s life after divorce. It is not a privilege granted by one parent to the other. It is a legal right defined by the court order. A detailed parenting time order does not leave anything to chance. It defines the regular weekly schedule, weekends, holidays, school breaks, summer, exchanges, transportation, travel, and any conditions required for safety. Vague orders create repeated disputes. Specific orders do not. Parenting time is separate from legal decision making. A parent can have substantial time with a child while major decisions are allocated differently. Understanding the difference between these two concepts is one of the first things we cover with every client. --- ### [Admissions](https://www.bestlawaz.com/legal_definition/admissions/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** This is a form of discovery used in Arizona. It is not common but it can be helpful to narrow the issues. Admissions are formal responses in which a party accepts that a specific fact is true or that a document is genuine. In Arizona family law litigation, requests for admission are a discovery tool used to narrow what actually needs to be proven at trial. They can work well when targeted. If the other side admits to an account balance, a payment history, or the authenticity of a text message, you do not need to call a witness to prove it. Admissions can simplify a case significantly when used strategically. The flip side matters too. Failing to respond properly to requests for admission can have serious consequences. An unanswered request is deemed admitted under the Arizona Rules of Family Law Procedure. That means silence can become evidence against you. Good responses admit what is true, deny what is genuinely disputed, and explain any qualification with precision. A response that is vague, evasive, or technically accurate but misleading can damage credibility at trial. --- ### [Advanced Fee](https://www.bestlawaz.com/legal_definition/advanced-fee/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An advanced fee is money paid to a law firm before work begins or as the case progresses to fund future legal services and costs. At Best Law Firm, full representation requires a $3,500 advance fee. That money is held in trust and earned as work is performed. The fee agreement spells out exactly what the advance fee covers, how fees are earned, how costs are handled, and what happens to any remaining funds when representation ends. We send the fee agreement before any work begins. No exceptions. We bill in six-minute increments. Every entry on the statement reflects actual work done on your file. If you have questions about a billing statement, ask. We would rather answer the question than have a client wondering. --- ### [Affidavit](https://www.bestlawaz.com/legal_definition/affidavit/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An affidavit is a written statement made under oath or affirmation. When you sign an affidavit you are swearing that what you have written is true. Courts take that seriously and so do we. Arizona family law uses affidavits constantly. They support temporary order requests, emergency filings, fee applications, default paperwork, service issues, and post-decree modification petitions. A judge who cannot hear live testimony before a hearing relies on affidavits to understand the facts. A useful affidavit is specific, dated, fact-based, and organized. It tells the story clearly without editorializing. It may attach supporting documents such as police reports, bank statements, communications, medical records, and photos when those documents exist and are relevant. --- ### [Affidavit of Financial Information](https://www.bestlawaz.com/legal_definition/affidavit-of-financial-information/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The Affidavit of Financial Information is a required document in Arizona family law if there is an issue of child support, spousal maintenance, or attorney fees. It organizes income, employment, monthly expenses, debts, assets, health insurance costs, and childcare costs into a sworn financial picture that the court uses to evaluate child support, spousal maintenance, attorney fee requests, and temporary financial orders. A vague, inconsistent, incomplete AFI damages credibility and produces inaccurate support calculations. If your income is understated or your expenses are inflated the other side will find it and the court will notice. If the AFI is accurate and well-documented it becomes a powerful tool. The AFI is not a one-time filing. It must be updated whenever income, employment, housing, insurance, childcare, or other material facts change. An outdated AFI in a modification case can be worse than no AFI at all. When attorney fees are at issue a China Doll affidavit is also required. That affidavit provides the specific billing detail from your attorney that the court needs to evaluate a fee request. We prepare both when needed. --- ### [Alternative Dispute Resolution (ADR)](https://www.bestlawaz.com/legal_definition/alternative-dispute-resolution-adr/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Alternative dispute resolution refers to any structured method for resolving disputes and particularly in family law it refers to settlement conferences, mediation, parenting conferences, collaborative divorce, and negotiated resolution between attorneys. ADR is the preferred way to handle family law cases instead of going to trial. In most cases it is the better path. It is faster, less expensive, more private, and gives both parties more control over the outcome than handing the decision to a judge who has limited time to understand a complex marriage and family. Any agreement reached through ADR still needs to be documented correctly to be enforceable. A handshake at the end of a mediation session is not a binding order. A signed Rule 69 agreement or a properly prepared consent decree is. For child-related issues ADR agreements must still satisfy the child’s best interests. Parents cannot contract away their child’s rights regardless of what they agree to. --- ### [Annulment](https://www.bestlawaz.com/legal_definition/annulment/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An annulment is a court decree stating that a marriage was legally invalid from the beginning rather than simply ending it through divorce. In Arizona, annulment is not a faster or simpler version of divorce. It requires a specific legal basis showing the marriage was void or voidable under Arizona law. Void marriages are those that were never legally valid such as bigamous marriages. Voidable marriages have a defect that can be challenged such as those entered under duress, fraud, or incapacity. An annulment means that the parties are put back into the financial posture they were in prior to the marriage. If there is a lot of financial untangling to do, the court may still need to address property, debts, support, and child-related issues. The marriage being declared invalid does not erase the financial and parenting history that followed from it. --- ### [Arrearages](https://www.bestlawaz.com/legal_definition/arrearages/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Arrearages are past due unpaid child support or spousal maintenance support amounts that have already come due and have not been paid. In Arizona, each unpaid support installment can become enforceable as a judgment by operation of law. That means arrears accumulate legal weight over time and can be collected through income withholding, judgment liens, tax intercepts, professional license suspension, passport denial, and contempt proceedings. Calculating arrears accurately matters. The Clearinghouse does this for you as long as your payments went through them. Credits for direct payments, periods of voluntary support, emancipation dates, modified orders, interest, and offsets can all affect the balance. If you are owed arrears there are enforcement tools available and they are worth considering. --- ### [Child Custody](https://www.bestlawaz.com/legal_definition/child-custody/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Child custody is older legal language that many people still use as shortcut language but Arizona law no longer uses it. Arizona now addresses what people call custody through two separate legal concepts: legal decision making and parenting time. Understanding the difference matters because they are decided separately and one does not automatically determine the other. Legal decision making is the authority to make major decisions about a child’s education, health care, religious upbringing, and personal care. Parenting time is the schedule defining when the child is physically with each parent. When someone says they want full custody they usually mean they want sole legal decision making, primary parenting time, or both. But those are separate requests requiring separate analysis and separate evidence. A parent can have joint legal decision making without equal parenting time. Modern Arizona pleadings and orders use the current statutory terminology. If you have an older order that uses the word custody it may need to be interpreted in terms of these current concepts, especially in school enrollment, medical, relocation, and modification disputes. --- ### [Child Legal Decision-making](https://www.bestlawaz.com/legal_definition/child-legal-decision-making/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Child legal decision making is the Arizona statutory term for the legal right and responsibility to make major nonemergency decisions for a child. These decisions include education, health care, religious training, and personal care. This is what older language called legal custody. Arizona courts may award sole legal decision making to one parent or joint legal decision making to both. They may also create a more detailed structure that allocates specific categories of decisions differently or gives one parent tie-breaking authority when the parents cannot agree after a required consultation process. The court decides legal decision making under the child’s best interests standard, not under any presumption that one parent’s gender, income, or label should control the outcome. Both parents start from the same legal position. Joint legal decision making requires the ability to communicate and cooperate on major decisions. When that is not realistic given the history of the relationship the court may award sole authority to the parent better positioned to make decisions effectively. Domestic violence, substance abuse, significant conflict, or a demonstrated inability to cooperate are all facts the court considers. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, fundamentally changed how courts must handle legal decision making when domestic violence has occurred. When a court finds that a parent has committed domestic violence, there is now a mandatory presumption that awarding legal decision making to that parent is contrary to the child’s best interests. That presumption is not discretionary. The abusive parent must overcome it by clear and convincing evidence before any legal decision making authority can be awarded. A finding of domestic violence is no longer just one factor in the analysis. It is the starting point for a separate and rigorous inquiry into whether any legal rights should be awarded at all. --- ### [Child Support](https://www.bestlawaz.com/legal_definition/child-support/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Child support is a court-ordered financial obligation designed to help meet a child’s needs after parents separate, divorce, or establish paternity. It is not optional and it is not negotiable based on one parent’s feelings about the other. It belongs to the child. Arizona uses the Arizona Child Support Guidelines, an income-shares model that considers both parents’ gross incomes, the parenting time schedule, medical insurance costs, childcare costs, other support obligations, and certain additional expenses. Both parents’ incomes go into the calculation. The parent with more parenting time typically pays less. A child support worksheet shows exactly how the calculation works. The worksheet is only as accurate as the information entered. Income figures, parenting time days, insurance costs, and childcare amounts must all be documented and current. Child support can be established, modified, enforced, and in some circumstances ordered retroactively or continued past age eighteen for school attendance or disability under Arizona law. Modification requires a showing of a substantial and continuing change in circumstances. --- ### [Co-Parenting](https://www.bestlawaz.com/legal_definition/co-parenting/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Co-parenting is the practical day-to-day relationship between parents who share responsibility for raising a child while living separately. Arizona family court expects parents to co-parent effectively. The parenting plan is the roadmap for how that works. Effective co-parenting does not require parents to like each other. It requires following the parenting plan, exchanging relevant information about the child, supporting the child’s relationship with both safe parents, keeping adult conflict away from the child, and making decisions in the manner the order requires. In high-conflict situations where direct communication creates more problems than it solves a parallel parenting approach may be more appropriate. Parallel parenting reduces direct contact between parents, assigns separate spheres of responsibility, routes communication through a structured platform, and creates detailed protocols so the parents do not need to negotiate everything in real time. The parenting plan should match the actual co-parenting reality of the family. A plan that assumes cooperative communication in a high-conflict case sets everyone up for failure. A plan built around the specific dynamics of this family protects the child and reduces future litigation. --- ### [Community Property](https://www.bestlawaz.com/legal_definition/community-property/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Arizona is a community property state. As a general rule, property and debts acquired by either spouse during the marriage are presumed to be community property belonging to both spouses equally. That presumption can be overcome but the burden is on the spouse claiming otherwise. In a divorce or legal separation the court assigns each spouse’s separate property to that spouse and divides community property equitably. Equitable does not always mean equal item by item but it generally means an overall fair division. Community property analysis involves more than just identifying what was acquired during the marriage. Commingling, tracing, reimbursement claims, waste, business interests, retirement accounts, debt allocation, tax consequences, and valuation questions can all affect how the community estate is ultimately divided. The community terminates when the divorce petition is served. Property acquired and income earned after service of process is generally sole and separate property of the spouse who acquired it. --- ### [Conciliation](https://www.bestlawaz.com/legal_definition/conciliation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Conciliation is a court-connected process designed to help preserve a marriage or help parties resolve family disputes in a less adversarial setting. Arizona has conciliation court statutes and county-level conciliation services that may offer reconciliation assistance, parenting conferences, mediation, or other family court interventions. Conciliation does not replace legal advice and it does not eliminate the need for final court orders. If reconciliation succeeds the case should be properly dismissed. If it fails the case moves forward and any temporary orders that were in place during the conciliation period remain in effect unless modified. Conciliation services can be a useful setting for addressing parenting communication, safety concerns, and early resolution possibilities before litigation becomes more expensive and entrenched. Parties should confirm current local requirements before relying on a prior experience with conciliation services. What was available or required in one county or year may be different now. --- ### [Conciliation Services](https://www.bestlawaz.com/legal_definition/conciliation-services/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Conciliation Services refers to court-connected family services typically offered through county Superior Courts. Depending on the county and the current program, services may include mediation, parenting conferences, early resolution sessions, parent education, or other family court assistance. In Arizona parenting disputes, conciliation services can help narrow legal decision making and parenting time issues before they escalate to contested hearings. The role of conciliation services is not identical to private mediation and is not a full custody evaluation. Court orders and local rules control how these services are used and what weight the court gives to any recommendations or agreements that come out of the process. Availability, procedures, and requirements vary by county and change over time. Confirm current Maricopa County requirements with your attorney before scheduling or attending any conciliation services appointment. --- ### [Confidentiality](https://www.bestlawaz.com/legal_definition/confidentiality/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Confidentiality in family law means that certain information is protected from disclosure by law, professional obligation, court order, or agreement. The specific protection and its limits depend on where the confidentiality comes from. Attorney-client communications are privileged. Mediation communications are generally confidential under Arizona law with specific exceptions. Therapeutic records may be protected. Addresses in domestic violence cases may be sealed. Settlement negotiation communications have their own protections under the rules. Confidentiality is not absolute. Courts can order disclosure of certain information. Mandatory reporting laws require disclosure of child abuse regardless of privilege. Rule 49 disclosure obligations require the exchange of financial and case-relevant information even when a party would prefer to keep it private. The practical goal in every case is to protect genuine privacy interests while still giving the court and the other party the information needed for a fair decision. --- ### [Consent Decree](https://www.bestlawaz.com/legal_definition/consent-decree/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A consent decree is a final divorce or legal separation decree entered by agreement of the parties rather than after a contested trial. Both spouses have agreed on every required issue and the court approves and enters that agreement as a binding court order. A consent decree may resolve property division, debts, spousal maintenance, attorney fees, child support, legal decision making, and parenting time. Even when everything is agreed the court must be satisfied that property and maintenance terms are not unfair and that child-related terms are reasonable and consistent with the child’s best interests. A well-drafted consent decree is specific enough to enforce. Amounts, dates, account numbers, deadlines, refinancing provisions, QDRO requirements, and every other obligation should be spelled out clearly. Vague consent decrees are future enforcement disputes waiting to happen. Once the court signs the consent decree it is a binding court order. Both parties must follow it. If circumstances change and modification is appropriate a separate petition is required. The original decree does not modify itself. --- ### [Contested Divorce](https://www.bestlawaz.com/legal_definition/contested-divorce/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A contested divorce is an Arizona dissolution case where the spouses have not resolved every required issue. The dispute may involve property, debt, business valuation, spousal maintenance, legal decision making, parenting time, child support, relocation, attorney fees, or enforcement of prior agreements. Contested does not mean the case must go to trial. The vast majority of contested cases settle after disclosure, temporary orders, mediation, settlement conferences, or direct negotiation between attorneys. Contested means unresolved — not hopeless. The key in a contested case is identifying the real disputes early, exchanging required financial and case information, preserving evidence, and preparing the remaining issues as if a judge may need to decide them. Settlement leverage comes from preparation. Contested cases cost more and take longer than resolved cases. Understanding which issues are worth fighting about and which ones are better resolved through negotiation is one of the most important strategic conversations we have with every client. --- ### [Court Appointed Attorneys for Children (Guardian ad Litem)](https://www.bestlawaz.com/legal_definition/court-appointed-attorneys-for-children-guardian-ad-litem/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A court-appointed attorney for a child or guardian ad litem may be appointed in certain Arizona family law cases when the court needs independent assistance in protecting a child’s interests or presenting information about the child to the court. The exact role matters and it varies depending on the appointment order. A child’s attorney represents the child’s expressed position and what the child wants. A guardian ad litem advocates for the child’s best interests as the guardian sees them, which may or may not match what the child says they want. These are different roles and the distinction affects how the professional operates. Appointment can affect attorney fees, the scope of investigation, what records the professional can access, confidentiality, and how information reaches the court. Read the appointment order carefully before assuming what this professional can or cannot do in your case. The appointment of a child’s attorney or guardian ad litem does not mean the parents stop advocating for their own positions. It means the court has an additional source of information focused specifically on the child. --- ### [Court Order](https://www.bestlawaz.com/legal_definition/court-order/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A court order in Arizona usually is in the form of a Minute Entry. It is a formal order issued by a judge, commissioner, or authorized judicial officer. In Arizona family law, orders may address temporary relief, child support, spousal maintenance, parenting time, legal decision making, property, protective relief, attorney fees, disclosure obligations, and final judgment terms. Court orders are not suggestions. They are enforceable legal obligations. Following a court order is not optional and violating one has consequences ranging from contempt findings and sanctions to credibility damage that affects other parts of the case. Informal arrangements, text message agreements, or verbal understandings do not replace the written court order unless they are properly documented and approved through the correct legal process. If you have agreed to something different from what the order says, get it in writing and get it entered as a new order. --- ### [Covenant Marriage](https://www.bestlawaz.com/legal_definition/covenant-marriage/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A covenant marriage is rare in Arizona. It is a special form of marriage recognized in Arizona that requires a higher standard to dissolve than a standard no-fault marriage. Spouses who choose covenant marriage at the time of marriage opt into a legal framework that limits the grounds for divorce. Unlike a standard Arizona no-fault divorce where the court only needs a finding that the marriage is irretrievably broken, dissolution of a covenant marriage requires specific statutory grounds: adultery, felony conviction, abandonment, abuse, substance abuse, separation for the required period, or mutual agreement depending on the facts. Covenant marriage issues are uncommon in Arizona practice but they matter when they arise because they change the threshold the petitioning spouse must meet to obtain a divorce. If you are in a covenant marriage and considering divorce the analysis starts with whether your facts meet one of the enumerated grounds. This is one of the situations where a consultation before filing is particularly important. --- ### [Custody](https://www.bestlawaz.com/legal_definition/custody/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Custody is the short cut traditional word for child custody and some people still use it to describe parenting rights after divorce. Arizona law does not use it. Arizona orders use current terminology: legal decision making and parenting time. The word custody may still appear in older orders, interstate documents, federal law, and everyday conversation. Arizona orders use current terminology. When you see custody in an older order it needs to be interpreted in terms of current Arizona concepts. --- ### [Dissolution](https://www.bestlawaz.com/legal_definition/dissolution/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Dissolution is Arizona’s legal term for divorce. It is the court process that ends a valid marriage. Most people say divorce. Arizona law says dissolution. They mean the same thing. To enter a dissolution decree the court must have jurisdiction over the parties and must find that the marriage is irretrievably broken in a non-covenant marriage. Arizona is a no-fault state for standard marriages. The dissolution process includes filing the petition, service on the other party, the mandatory 60-day waiting period, disclosure and any necessary discovery, temporary orders if needed, settlement efforts, and either a consent decree or trial on unresolved issues. Dissolution is more than ending marital status. It is the legal restructuring of two people’s financial lives and their relationship as parents. The decree that comes out of a dissolution case controls property rights, support obligations, and parenting arrangements for years to come. --- ### [Decree of Dissolution](https://www.bestlawaz.com/legal_definition/decree-of-dissolution/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A decree of dissolution is the final judgment that legally ends an Arizona marriage. The court signs it and the divorce is granted. Everything the parties agreed to or the court decided is contained in the decree and it controls their rights and obligations going forward. The decree must address every required issue: marital status, property division, debts, spousal maintenance, child support, legal decision making, parenting time, attorney fees, name restoration if requested, and any other matter the court has jurisdiction to resolve. Property provisions in a decree are generally final and not freely modifiable. Support and parenting provisions may be modifiable later if the applicable legal standard is met and a proper petition is filed. A decree that is ambiguous or incomplete creates future problems. Clear, specific language such as dollar amounts, dates, account numbers, deadlines, and exact obligations is not optional. We draft decrees that actually close the case rather than leaving questions open for later litigation. --- ### [Default Judgment](https://www.bestlawaz.com/legal_definition/default-judgment/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A default judgment may be entered when a properly served respondent fails to respond to the petition within the required time. In Arizona family law, 20 days if served in Arizona, 30 days if served out of state. A default allows the petitioning party to proceed without the other party’s participation. The court still must have jurisdiction and must enter orders that comply with Arizona law. You cannot obtain unsupported or improper relief through default, especially regarding children, support, or property. A respondent who receives family law papers should act immediately. Default applications and default hearings can move a case forward on a timeline that does not wait for the non-responding party. If you have missed a response deadline or a default has been entered against you, contact an attorney right away. There are circumstances where default can be set aside but the window for doing so is not unlimited. --- ### [Depositions](https://www.bestlawaz.com/legal_definition/depositions/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A deposition is sworn testimony taken outside the courtroom before a court reporter. The witness answers questions under oath and everything said is transcribed and can be used later at trial, to prepare for trial, or to lock in testimony. In Arizona family law cases depositions are most valuable in complex property disputes, income disputes, business valuation cases, contested parenting cases involving professional witnesses, or any situation where the full story cannot be developed through written disclosure alone. Depositions are also expensive. Both the preparation and the transcript cost money. They should be used strategically, in cases where the likely benefit justifies the cost and where there is information that cannot be obtained another way. Good deposition strategy starts with knowing what you need and what you already have. We use depositions to preserve testimony, test credibility, authenticate documents, expose inconsistencies in income claims, and prepare for experts at trial. --- ### [Discovery Process](https://www.bestlawaz.com/legal_definition/discovery-process/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Discovery is the formal process for obtaining information and evidence from the other party or third parties before trial. In Arizona family law, mandatory Rule 49 disclosure is the foundation. On top of that, the parties may use interrogatories, requests for production, requests for admission, subpoenas, depositions, expert reports, and motions to compel when informal disclosure is not sufficient. The purpose of discovery is to prevent trial by surprise. Both sides should understand the financial picture, the parenting history, and the documentary evidence well before the case goes to a judge. Discovery should be proportional to what is actually at stake. A high-asset divorce, a business valuation dispute, a hidden income case, or a serious contested parenting situation calls for more robust discovery than a straightforward uncontested case. Failure to disclose, failure to respond to discovery, and destruction of evidence all have serious consequences under the Arizona Rules of Family Law Procedure. --- ### [Dissolution Decree](https://www.bestlawaz.com/legal_definition/dissolution-decree/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A dissolution decree is another name for the final decree of dissolution of marriage commonly called a decree or a consent decree. It is the binding Arizona court order that ends the marriage and sets the terms for property division, debt allocation, spousal maintenance, legal decision making, parenting time, child support, attorney fees, and any other issues the court resolved. The decree should be clear enough that the parties, their employers, financial institutions, retirement plan administrators, schools, and future courts can understand what is required without ambiguity. --- ### [Dissolution of Marriage](https://www.bestlawaz.com/legal_definition/dissolution-of-marriage/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Dissolution of marriage is the formal Arizona legal action for divorce. The case begins with a petition for dissolution, proceeds through service and response or default, mandatory disclosure, temporary orders if needed, settlement efforts, and concludes with either a consent decree by agreement or a trial on unresolved issues. Arizona is a no-fault divorce state for non-covenant marriages. The court does not decide who caused the marriage to fail or who behaved badly. What it decides is how to divide community property and debts, whether spousal maintenance is appropriate, how to structure parenting time and legal decision making, and what child support should be. The 60-day waiting period under A.R.S. § 25-329 means no decree can be entered until at least 60 days after service or acceptance of service. That is the minimum, not a typical timeline. A dissolution case that ends with a clear, complete, enforceable decree is a well-resolved case. One that ends with a vague or incomplete decree is often just the beginning of the next dispute. --- ### [Divorce](https://www.bestlawaz.com/legal_definition/divorce/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Divorce is the common word for dissolution of marriage. In Arizona the legal term is dissolution but the process is what most people mean when they say divorce — the court proceeding that ends the marriage and restructures the financial and parenting relationship between the spouses. A good Arizona divorce strategy depends entirely on the facts of the specific case: the incomes, the assets, the debts, the business interests, the children, the domestic violence history, the parenting history, the special needs of any family member, and the tax implications of various settlement structures. Divorce planning should focus on building enforceable orders, not just getting a fast signature. An order that looks simple but is vague or incomplete will create problems the moment circumstances change. The [consultation with Tali](https://bestlawaz.com/talk-to-tali) is where the divorce strategy starts. That conversation produces a Game Plan which is a realistic picture of the issues, the options, the likely timeline, and what success actually looks like for this specific client in this specific situation. --- ### [Domestic Partnership](https://www.bestlawaz.com/legal_definition/domestic-partnership/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Domestic partnership is not the same as marriage under Arizona law. There is no common law marriage in Arizona. Unmarried partners who separate do not receive the same community property and spousal maintenance framework that applies to divorcing spouses. Unmarried partners may have contract claims, property disputes based on title or contribution, and parenting issues if they have children together. If there are children, Arizona family court can address paternity, legal decision making, parenting time, and child support regardless of whether the parents were married. People sometimes assume that a long relationship creates the same rights as marriage in Arizona. It generally does not. Marital status and legal parentage are the primary gates for most Arizona family law remedies. This is an area where assumptions can be costly. The legal remedies for ending a domestic partnership are different from and often more limited than those available in a divorce. --- ### [Domestic Violence](https://www.bestlawaz.com/legal_definition/domestic-violence/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Domestic violence is one of the most consequential issues in any Arizona family law case involving children. Arizona just passed one of the most significant overhauls of its family court domestic violence law in recent memory. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), House Bill 2995, was signed by Governor Katie Hobbs on June 22, 2026 and is effective immediately. It is named after Alec and Lydia Mater, two children who were shot and killed by their father while he was exercising unsupervised parenting time. Their mother Hope Hooton fought for this law. It fundamentally changes what courts must do when domestic violence is alleged or found in a family law case. Under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), when a court finds that a parent has committed domestic violence, there is a mandatory presumption that awarding legal decision making or parenting time to that parent is contrary to the child’s best interests. Both legal decision making and parenting time are now inside the presumption. The abusive parent starts from a position of no rights to the child until and unless they overcome that presumption with evidence meeting the applicable legal standard. To get unsupervised parenting time or any legal decision making authority, the abusive parent must overcome the presumption by clear and convincing evidence. To get even supervised parenting time, the abusive parent must overcome the presumption by a preponderance of the evidence. If they cannot meet the standard, the court cannot award any access at all. The new law also requires courts to make specific written findings any time domestic violence is alleged, including in temporary orders. Judges can no longer hear the evidence and move on without engaging with it in writing. The findings must describe the evidence, explain whether the presumption applies and why, and explain what protective measures serve the child’s best interests. Coercive control is now domestic violence under Arizona law for family court purposes. Coercive control is a pattern of threatening, coercive, or emotionally abusive conduct including financial control, isolation, stalking, surveillance, demeaning conduct, threats involving immigration status, and using family court proceedings themselves as a weapon to exhaust or punish the other parent. Many survivors who were previously told their experience did not qualify as domestic violence may now have a different answer under the new definition. The court can no longer treat the child’s absence from the scene of abuse, the child’s unawareness of the abuse, or the child’s preference to maintain contact with the abusive parent as reasons to minimize a domestic violence finding or justify access. These factors are now expressly irrelevant. The victim may not be appointed as the supervisor for the abusive parent’s parenting time. The court cannot order a victim to participate in joint treatment, counseling, or forensic assessment with the abusive parent. And if an abusive parent failed to overcome the mandatory presumption, that presumption continues to apply in any subsequent modification proceeding. We have practiced family law in Arizona for nearly twenty years and we have advocated for victims and children in domestic violence cases for that entire time. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) codifies into statute what we have always believed and always argued. If you are a victim of domestic violence, you are not alone. You do not have to live like this. A [consultation with Tali](https://bestlawaz.com/talk-to-tali) is where this conversation starts. Domestic violence evidence must be specific and documented. Police reports, Orders of Protection, medical records, emergency room records, witness statements, text messages, photographs, shelter records, and records of repeated court filings all matter. A credible, documented domestic violence history changes the trajectory of a parenting case. Under the new law it now also triggers mandatory presumptions and mandatory written findings that courts are required to follow. --- ### [Early Resolution Conference](https://www.bestlawaz.com/legal_definition/early-resolution-conference/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An Early Resolution Conference is a court-scheduled event in the early stages of an Arizona family law case designed to identify the real issues, see what can be resolved by agreement, and set a realistic schedule for the rest of the case. It is not a trial and it is not mediation. It is the court’s way of taking stock of where the case is and whether the parties can resolve anything before spending time and money on full litigation. This is usually conducted in a conference room in the courthouse and it is not for testimony or in front of a judge. It is conducted by a court employee. In Maricopa County, an Early Resolution Conference is generally for self-represented parties and is handled by a Family Law Case Manager rather than the assigned judge. Both parties are required to attend. If either party is represented by an attorney, the case is generally set for a Resolution Management Conference instead, where the parties and counsel appear before the assigned judge or judicial officer. Agreements reached at an Early Resolution Conference may be put in writing and submitted to the court. Come to an Early Resolution Conference ready to make decisions about what you can agree on. Don’t sign anything if you are unsure. You can always agree later. Your signature will not be easily changed if you sign agreements that day. If there are issues that can be resolved by agreement that day, resolve them. Every issue settled early is one the court does not have to decide later. --- ### [Emergency Temporary Orders](https://www.bestlawaz.com/legal_definition/emergency-temporary-orders/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Emergency temporary orders are short-term court orders obtained quickly when an immediate safety or financial threat requires court intervention before a regular temporary hearing can be scheduled. In Arizona family law, emergency orders can address parenting time, legal decision making, exclusive use of the family home, financial accounts, and protective measures. They are filed with the court and are decided without your testimony. They are usually decided that same day. Only true emergencies should be filed. Emergency orders are typically sought ex parte, meaning without prior notice to the other party. Because ex parte relief is an exception to the normal requirement that both sides be heard, the court requires a specific showing of genuine emergency. Vague or exaggerated claims of emergency damage credibility. A real emergency with documented evidence is a different matter entirely. Emergency orders are temporary by design. They bridge the gap until a full hearing can be held where both parties present their positions. The other party has the right to be heard and emergency orders can be contested, modified, or vacated after that hearing. Getting an emergency order is not the end of the process. It is the beginning of it. Work with your attorney immediately if you believe an emergency order is needed. Do not try to navigate emergency relief alone. The standard for obtaining it is very legally specific. --- ### [Enforcement](https://www.bestlawaz.com/legal_definition/enforcement/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Enforcement is the process of asking the Arizona family court to require a party to comply with an existing order. When someone is not following a court order such as not paying child support, not following the parenting plan, not transferring property as required by the decree enforcement is how the court is asked to step in. Arizona family court has several enforcement tools. Contempt of court is the most commonly used. A party found in contempt can face sanctions, fines, attorney fee awards, and in serious cases jail. Income withholding orders can direct an employer to withhold support payments directly from wages. Judgment liens can be placed on property. Professional and driver’s licenses can be suspended for support arrears. Tax intercepts can redirect refunds to satisfy unpaid support. Before filing an enforcement motion consider whether direct communication or a demand letter might resolve the issue more efficiently. Enforcement proceedings are expensive and time-consuming. They are also sometimes exactly the right tool when the other party is willfully ignoring a court order. The decision about when and how to pursue enforcement depends on the specific circumstances and what the client is trying to achieve. Document every violation carefully before filing. Dates, amounts, specific provisions of the order that were violated, and any communications about the non-compliance all matter. A well-documented enforcement motion is far more effective than a general complaint that orders are not being followed. --- ### [Exchange](https://www.bestlawaz.com/legal_definition/exchange/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** An exchange is the transfer of a child from one parent to the other for parenting time. It sounds simple. In practice, exchanges are one of the most common flashpoints in high-conflict parenting cases. They are the moment when both parents are in the same physical space under emotional circumstances, and they require careful planning in the parenting plan. A good parenting plan specifies exactly how exchanges work. Who picks up the child and who drops off. Where the exchange happens and at what time. What happens if a parent is late. Whether third parties can conduct the exchange. Whether exchanges must be curbside or at the door. What the protocol is when one parent does not show. In cases with domestic violence or high conflict, protected exchanges may be ordered. This means exchanges happen at a neutral location, a police station, a supervised exchange center, or another protected setting where neither party has to be alone with the other. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act) prohibits appointing the victim of domestic violence as the supervisor for the abusive parent’s parenting time. If exchanges are consistently problematic, document it. Times, dates, what happened, who was present. A pattern of difficult or unsafe exchanges is evidence that the parenting plan needs to be modified or that additional protective conditions are needed. --- ### [Exhibits](https://www.bestlawaz.com/legal_definition/exhibits/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Exhibits are documents, photographs, communications, financial records, reports, and other tangible items offered to the court as evidence. In Arizona family law hearings and trials, exhibits must be identified, marked, disclosed to the other party in advance, and properly admitted into evidence before the judge can consider them. The most common exhibits in family law cases include bank statements and financial records, tax returns, pay stubs, text messages and emails, photographs, police reports, medical records, school records, Orders of Protection, and business records. The exhibit list submitted with the pre-trial statement must account for every document you intend to use at trial. Foundation matters. Before an exhibit can be admitted the offering party typically needs to establish what the document is, where it came from, and why it is what it purports to be. Witnesses can authenticate documents they created, received, or have personal knowledge of. Some documents are self-authenticating under the rules. Never assume an exhibit will come in without objection. Prepare the foundation for every document you intend to use. And never plan to use an exhibit at trial that has not been timely disclosed to the other party. Surprise is not a strategy. It is a basis for exclusion. --- ### [Family Law](https://www.bestlawaz.com/legal_definition/family-law/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Family law is the area of law that addresses legal relationships among spouses, parents, children, and sometimes extended family members. In Arizona, family law encompasses divorce and dissolution of marriage, legal separation, annulment, spousal maintenance, child support, legal decision making, parenting time, paternity, adoption, guardianship, Orders of Protection, and enforcement and modification of family court orders. Arizona family law is primarily governed by Title 25 of the Arizona Revised Statutes. The Arizona Rules of Family Law Procedure govern how cases move through the courts. Maricopa County has local court practices and requirements that apply on top of the statewide rules. Family law decisions made in a family law case affect where children live, how they are raised, who has authority to make decisions about their health and education, and how two people divide the financial life they built together. Getting it right matters in ways that last for years. Best Law Firm practices family law exclusively. We have done so for nearly twenty years. That focus is not accidental. Family law requires a depth of knowledge and judgment that is difficult to develop alongside other practice areas. And we have seen just about everything in 20 years. --- ### [Filing](https://www.bestlawaz.com/legal_definition/filing/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Filing is the act of submitting a document to the Clerk of the Superior Court so it becomes part of the official court record. In Arizona family law, documents are filed with the Maricopa County Superior Court either in person, by mail, or electronically through the court’s e-filing system. A document is not filed until the clerk accepts it and stamps it with the filing date. The filing date matters for deadlines, for calculating response periods, and for establishing the timeline of the case. A document submitted after a deadline is late regardless of when it was drafted. Every filed document in a family law case should be served on the other party or their attorney. Proof of service must be filed with the court. Filing something without serving it does not give the other party notice and can create procedural problems that affect the case. Read everything before you file it. This applies to cover sheets, proposed orders, stipulations, and every other document that goes out under your name or your client’s signature. A filing is a formal representation to the court. It should be accurate, complete, and carefully proofread. --- ### [Frequent and Continuing Contact](https://www.bestlawaz.com/legal_definition/frequent-and-continuing-contact/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Frequent and continuing contact is the Arizona statutory policy favoring a child’s substantial, meaningful, and ongoing relationship with both parents after divorce or separation. It is sometimes described as the starting presumption in Arizona parenting cases — that children generally benefit from having both parents actively involved in their lives. This presumption is not absolute. It can be overcome by evidence of domestic violence, child abuse, substance abuse, or other circumstances that make contact with a parent unsafe or contrary to the child’s best interests. The [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), effective June 22, 2026, explicitly states that when domestic violence is present the safety of the child and the victim is the highest priority and takes precedence over the frequent and continuing contact presumption. Frequent and continuing contact is a policy statement not a specific schedule. What it means in practice depends entirely on the facts of each family. Equal time is one possible expression of it. A schedule weighted toward one parent with meaningful regular time for the other is another. The parenting plan translates the policy into the specific arrangement that serves this child in this family. Using the presumption of frequent and continuing contact to argue that an abusive parent deserves access is one of the most common misapplications of this concept. The presumption does not override safety. It never did, and the new law makes that explicit. --- ### [Full Decision-making](https://www.bestlawaz.com/legal_definition/full-decision-making/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Full decision making is informal language that people use to mean one parent has sole legal decision making authority over a child. Arizona law uses sole legal decision making as the correct term. Full custody, full decision making, and sole custody are all phrases that point to the same concept under current Arizona law — one parent holds the legal authority to make major nonemergency decisions about the child’s education, health care, religious upbringing, and personal care without being required to consult or obtain agreement from the other parent. Sole legal decision making is available when joint decision making is not appropriate given the history of the relationship. Domestic violence, an inability to communicate and cooperate on major issues, substance abuse, or a pattern of one parent undermining the other are all grounds courts consider. Having sole decision making does not mean the other parent disappears from the child’s life. Parenting time and legal decision making are decided separately. A parent can have sole legal decision making while the other parent still has regular parenting time. What it means is that one parent has final authority when the parents cannot agree. --- ### [Grandparent Visitation](https://www.bestlawaz.com/legal_definition/grandparent-visitation/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Grandparent visitation is the legal right of a grandparent to seek court-ordered time with a grandchild under Arizona’s third-party rights statutes. It is not the same as parental rights and it carries a different and more demanding legal standard. Under Arizona law a grandparent may petition for visitation when the child’s parents are not married or are divorced, when a parent has been deceased for at least three months, or when the child has been absent from the home for at least three months. The court then applies a two-part analysis: first, whether the grandparent has standing to seek visitation, and second, whether visitation is in the child’s best interests. When two fit legal parents agree that grandparent visitation is not in the child’s best interests, the court gives significant weight to that united parental position. A grandparent seeking visitation over both parents’ objection faces a substantial burden. When parents disagree, neither parent is entitled to a presumption over the other based on decision making authority alone, as confirmed by the Arizona Court of Appeals. Grandparent visitation cases require careful analysis of the relationship between the grandparent and the child, the reason for the disruption in contact, the parents’ positions, and all relevant best interests factors. They are fact-intensive and the outcome depends heavily on the specific history of the family. --- ### [Hague Convention](https://www.bestlawaz.com/legal_definition/hague-convention/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The Hague Convention most commonly refers to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. It is an international treaty designed to address situations where a child is wrongfully removed from or retained outside their country of habitual residence without the consent of a parent with custody or visitation rights. Arizona and the United States are Hague Convention members. When a parent takes a child from a Hague member country to another member country without authorization, the treaty provides a legal process for seeking the child’s return. The proceeding is handled through federal court in the United States and through the equivalent central authority in the other country. Hague Convention cases are urgent and complex. They are not handled like standard family law cases. Time matters because the child’s habitual residence is determined in part by how long they have been in the new country. Acting quickly and with an attorney who understands international child abduction law is critical. The Hague Convention only applies between member countries. When a child is taken to a non-Hague country the legal options are entirely different and often far more limited. We have handled international cases involving both Hague and non-Hague countries. If your child has been taken internationally or you believe an abduction is being planned, contact us immediately. --- ### [Hearing](https://www.bestlawaz.com/legal_definition/hearing/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A hearing is a court proceeding where a judicial officer addresses one or more issues in a family law case. Hearings range from brief status conferences to multi-day evidentiary trials. The type of hearing, the notice required, the evidence that can be presented, and the rules that apply all depend on what the hearing is for. Temporary orders hearings address immediate issues while the case is pending. They are often held with limited time and limited evidence, which is why the written submissions before the hearing matter so much. Evidentiary hearings on contested issues allow both parties to present testimony and exhibits. Status conferences and case management conferences are administrative in nature. In Maricopa County family court, Minute Entries serve as the court’s order following each hearing. Read every Minute Entry carefully the moment it arrives. The judge puts requirements, deadlines, and specific directives in Minute Entries. Missing something in a Minute Entry is not excusable. Calendar every deadline immediately. Preparation for a hearing is not optional. Know what issues are before the court. Know what evidence you intend to present and how. Know what the other side is likely to argue. Judges notice when you are unprepared and the impression it creates is difficult to overcome. If you act as your own attorney, you are still held to the standard of an attorney in court and are expected to know all the rules of procedure and evidence. --- ### [Hearsay](https://www.bestlawaz.com/legal_definition/hearsay/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Hearsay is an out-of-court statement offered to prove the truth of what it asserts. In Arizona family court, hearsay is generally not admissible unless it falls within one of the recognized exceptions. Understanding the basic hearsay rules helps clients understand why certain evidence can be presented at trial and why other evidence cannot. Common hearsay exceptions that come up in family law include excited utterances, statements for medical diagnosis or treatment, business records, and public records. A child’s statement about what happened to them may come in under the excited utterance exception or through a forensic interview properly introduced under applicable rules. Not everything that sounds like hearsay is hearsay. A statement is only hearsay if it is offered to prove the truth of the matter asserted. A text message offered to show that a communication was sent on a particular date is not hearsay if the truth of its content is not what matters. Context determines admissibility. In domestic violence hearings under the [Alec and Lydia Act](https://bestlawaz.com/alec-and-lydia-act), the rules around admissibility of prior acts evidence have been expanded. Evidence of domestic violence against any person that tends to prove coercive control is now admissible even if it was previously litigated or could have been raised in a prior proceeding. This is a significant change from prior Arizona practice. --- ### [Section or](https://www.bestlawaz.com/legal_definition/section-or/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Specific portion of the law. --- ### [Modification of Parenting Plan](https://www.bestlawaz.com/legal_definition/modification-of-parenting-plan/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Changes to the parenting If agreed to, the changes can be enforced only if they are submitted to and ordered by the court. If the parties cannot agree, one party can request modification by filing a motion with the court. --- ### [Maternity](https://www.bestlawaz.com/legal_definition/maternity/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A legal action that results in a court order naming the child’s mother. --- ### [Family Law Rules](https://www.bestlawaz.com/legal_definition/family-law-rules/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The Arizona Rules of Family Law Procedure (ARFLP) are the procedure rules that guide family law litigation cases. --- ### [Dissolution](https://www.bestlawaz.com/legal_definition/dissolution-2/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** The present day term for a divorce, meaning to dissolve the divorce. --- ### [Bonding](https://www.bestlawaz.com/legal_definition/bonding/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Close relationship that develops between a young child and a parent or a parent figure. --- ### [Best Interest of the Child](https://www.bestlawaz.com/legal_definition/best-interest-of-the-child/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** A standard by which a court determines what arrangements would be to a child’s greatest benefit, often used in deciding decision-making and parenting time matters and in deciding whether to approve an adoption or a guardianship. – A.R.S. § 25-403: A legal decision-making determination shall be made in accordance with the best interests of the child. All relevant factors shall be considered, including: (1) The past, present and potential future relationship between the parent and the child, (2) the wishes of the child’s parent or parents as to legal decision-making, (3) if the child is of suitable age and maturity, the wishes of the child as to the custodian, (4) the interaction and interrelationships of the child with the child’s parent or parents, (5) the child’s siblings and any other person who may significantly affect the child’s best interest, (6) the child’s adjustment to home, school and community, (7) the mental and physical health of all individuals involved, (8) which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent, (9) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making, (10) whether a parent has complied with chapter 3, article 5 of this title and (11) whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. --- ### [Attachment](https://www.bestlawaz.com/legal_definition/attachment/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** Positive feelings of the child toward parents and other parent figures. --- ### [R.S. (Arizona Revised Statutes)](https://www.bestlawaz.com/legal_definition/r-s-arizona-revised-statutes/) **Published:** September 20, 2022 **Author:** Cindy Best **Content:** This is a set of laws that governs Arizona, including Family Law. They can be found at:[ http://www.azleg.state.az.us/arizonarevisedstatutes.asp.](http://www.azleg.state.az.us/arizonarevisedstatutes.asp) --- ## The Divorce Coach Book Posts ### [APPENDIX D: RESOURCE GUIDE](https://www.bestlawaz.com/coach_book/appendix-d-resource-guide/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** **Courthouses (Superior Court) Maricopa County** 1. Maricopa Co. Superior Court: **Northeast Regional Court** Complex, 602-506-3360 18380 N. 40th St., Phoenix 85032[ http://www.clerkofcourt.maricopa.gov/ne\_court.asp](http://www.clerkofcourt.maricopa.gov/ne_court.asp) 2. Maricopa County Superior Court: **Northwest Court** Complex, 602-506-3360 14264 W. Tierra Buena Lane, Surprise 85374[ http://www.clerkofcourt.maricopa.gov/northwest\_loc.asp](http://www.clerkofcourt.maricopa.gov/northwest_loc.asp) 3. Maricopa Co. Superior Court: **Downtown Phoenix Court** Complex, 602-506-3204 101/201 W. Jefferson, Phoenix 85003-2205[ http://www.superiorcourt.maricopa.gov/courtinformation/locations/index.asp](http://www.superiorcourt.maricopa.gov/courtinformation/locations/index.asp) 4. Maricopa Co. Superior Court: **Southeast Regional Court** Complex, 602-506-3360 222 E. Javelina Ave., Mesa 85210-6201[ http://www.clerkofcourt.maricopa.gov/se\_court.asp](http://www.clerkofcourt.maricopa.gov/se_court.asp) 5. Maricopa County Superior Court: **Old Courthouse** 125 W. Washington, Phoenix 85003 6. Maricopa County Superior Court: **West Court** 111 S. Third Ave., Phoenix 85003-2243 **Other Counties** **Apache** County Superior Court, 928-337-7550 P.O. Box 365, St. Johns 85936 [http://www.apacheclerk.net](http://www.apacheclerk.net/) or [http://www.co.apache.az.us](http://www.co.apache.az.us/) **Cochise** County Superior Court, 520-432-8601 P.O. Drawer CK, Bisbee 85603[ http://www.cochise.az.gov](http://www.cochise.az.gov/) **Coconino** County Superior Court, 928-679-7600 200 N. San Francisco, Flagstaff 86001[ http://www.coconino.az.gov](http://www.coconino.az.gov/) **Gila** County Superior Court, 928-402-8866 1400 E. Ash, Globe 85501 http://www.gilacountyaz.gov/government/courts/ **Graham** County Superior Court, 928-428-3100 800 Main St., Safford 85546[ http://www.graham.az.gov](http://www.graham.az.gov/) **Greenlee** County Superior Court, 928-865-4242 P.O. Box 1027, Clifton 85533[ http://www.co.greenlee.az.us/](http://www.co.greenlee.az.us/) **La Paz** County Superior Court, 928-669-6134 1316 S. Kofa Ave., Suite 607, Parker 85344-5724[ http://www.co.la-paz.az.us/](http://www.co.la-paz.az.us/) **Mohave** County Superior Court, 928-753-0790 401 Spring St., Kingman 86401[ http://www.mohavecourts.com/](http://www.mohavecourts.com/) **Navajo** County Superior Court, 928-524-4000 100 East Carter Dr., South Highway 77 P.O. Box 668 Holbrook 86025[ http://www.navajocountyaz.gov/](http://www.navajocountyaz.gov/) **Pima** County Superior Court, 520-740-3200 110 W. Congress St., Tucson 85701-1317[ http://www.cosc.pima.gov](http://www.cosc.pima.gov/) **Pinal** County Superior Court, 520-866-5400 971 Jason Lopez Circle, Building A, Florence 85132 **Santa Cruz** County Superior Court, 520-375-7700 2150 N. Congress Dr., Nogales 85621[ http://www.co.santa-cruz.az.us/clerk/index.html](http://www.co.santa-cruz.az.us/clerk/index.html) **Yavapai** County Superior Court, 928-771-3100 120 S. Cortez St., Prescott 86303[ http://www.co.yavapai.az.us/clerksupct.aspx](http://www.co.yavapai.az.us/clerksupct.aspx) **Yuma** County Superior Court, 928-373-1010 198 S. Main St., Yuma 85364[ http://www.yumacountyaz.gov/](http://www.yumacountyaz.gov/) **Law Resources** Maricopa County Superior Court: **Law Library** Arizona **Rules of Family Law** Procedure[ http://www.azcourts.gov/rules/recentamendments/morerules/ArizonaRulesofFamilyL](http://www.azcourts.gov/rules/recentamendments/morerules/ArizonaRulesofFamilyL) awProcedure.aspx ##### **Support Services** Maricopa County **Family Support Center**, 602-506-3762[ http://www.familysupportcenter.com/](http://www.familysupportcenter.com/) State of Arizona Supreme Court: **Self-Service Center**, 602-506-7353[ www.azcourts.gov/selfservicecenter/selfserviceforms.aspx](http://www.azcourts.gov/SelfService) Arizona Department of **Economic Security** Ariz. Dept. of Econ. Security **Child Support Enforcement**, 602-252-4045[ https://www.azdes.gov/dcss](http://www.azdes.gov/dcse/) Maricopa County Superior Court: **Conciliation Services** tionServices/index.asp Maricopa County Superior Court: **Case Information** Maricopa County Superior Court: **Guide for Parents** Living Apart[ http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf](http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf) and Planning for Parenting Time: Arizona’s **Guide for Parents** Living Apart(2009) Model **Parenting Time Plans** for Parent/Child Access (2001)[www.azlawhelp.org/articles\_info.cfm?mc=1&sc=1&articleid=70](http://www.superiorcourt.maricopa.gov/sscDocs/pdf/drv10h.pdf) Maricopa County Superior Court: **Divorce/Parenting Issues** Maricopa County Superior Court: **Counseling Resources**, 602-263-8856[ www.superiorcourt.maricopa.gov/superiorcourt/familycourt/resources.asp](http://www.superiorcourt.maricopa.gov/superiorcourt/familycourt/resources.asp) **Catholic Social Service** of Central and Northern Arizona, 928-774-9125[ http://www4.nau.edu/csw/Directory/catholic.html](http://www4.nau.edu/csw/Directory/catholic.html) **Violence and Family Services** Chrysalis **Shelter for Victims of Domestic Violence**, Inc., 602-955-9059[ http://www.noabuse.org/](http://www.noabuse.org/) **Jewish Family and Children’s Service**, 602-279-7655[ http://www.jfcsaz.org/](http://www.jfcsaz.org/) **Native American Community Health** Center, Inc., 602-279-5262[ http://www.nativehealthphoenix.com/](http://www.nativehealthphoenix.com/) Organization for **Non-Violence Education**, 623-934-0696[ http://www.oneincusa.org/](http://www.oneincusa.org/) Sojourner Center: **Domestic Violence Shelter**, 602-244-0089[ http://www.sojournercenter.org/go2/index.php](http://www.sojournercenter.org/go2/index.php) **Child Crisis Center**, 480-969-2308[ http://www.childcrisis.org/](http://www.childcrisis.org/) Crisis Nursery, Inc.: **Child Abuse Shelter**, 602-273-7363[ http://www.crisisnurseryphx.org/nursery/](http://www.crisisnurseryphx.org/nursery/) West Valley Child Crisis Center: **Foster and Adoption Services** 623-848-8863[ http://www.wvccc.org/](http://www.wvccc.org/) **Categories:** CHAPTER 14: TIMEOUTS --- ### [Jurisdiction: Are you Eligible for the “Big Game”?](https://www.bestlawaz.com/coach_book/jurisdiction-are-you-eligible-for-the-big-game/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ## **What are the Requirements to File for a Divorce in Arizona?** There are three requirements to file for divorce in Arizona. 1. One party must have been domiciled (lived) in Arizona for at least 90 days at the time the divorce was filed. If one party was stationed here in the military, that party must have been stationed in Arizona for 90 days. 2. Conciliation has been attempted and not worked or has not been attempted and will not work. 3. The marriage is irretrievably broken. The marriage is not a covenant marriage, as designated on your marriage certificate, or if it is a covenant marriage, the requirements have been met. Very few marriages are covenant and you would know if yours was a covenant marriage. See questions at the end of Chapter 1. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [APPENDIX A: USEFUL ARIZONA STATUTES (The Law)](https://www.bestlawaz.com/coach_book/appendix-a-useful-arizona-statutes-the-law/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** ## **A.R.S. §25-211. Property Acquired During Marriage as Community Property; Exceptions; Effect of Service of a Petition** 1. All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: 2. Acquired by gift, devise or descent. 3. Acquired after service of a petition for dissolution of marriage, legal separation or annulment if the petition results in a decree of dissolution of marriage, legal separation or annulment. 4. Notwithstanding subsection A, paragraph 2, service of a petition for dissolution of marriage, legal separation or annulment does not: 5. Alter the status of preexisting community property. 6. Change the status of community property used to acquire new property or the status of that new property as community property. 7. Alter the duties and rights of either spouse with respect to the management of community property except as prescribed pursuant to section 25-315, subsection A, paragraph 1, subdivision(a). ## **A.R.S. §25-213. Separate Property** 1. A spouse’s real and personal property that is owned by that spouse before marriage and that is acquired by that spouse during the marriage by gift, devise or descent, and the increase, rents, issues and profits of that property, is the separate property of that spouse. 2. Property that is acquired by a spouse after service of a petition for dissolution of marriage, legal separation or annulment is also the separate property of that spouse if the petition results in a decree of dissolution of marriage, legal separation or annulment. 3. Notwithstanding subsection B of this section and section 25-214, subsection C, a mortgage or deed of trust executed by a spouse who acquires the real property encumbered by that mortgage or deed of trust after service of a petition for dissolution of marriage, legal separation or annulment shall be enforceable against the real property if the petition does not result in a decree of dissolution of marriage, legal separation or annulment. 4. A contribution to an irrevocable trust that has or will have as its principal asset life insurance on the person making the contribution is a contribution of the insured’s separate property if the spouse of the insured is the primary beneficiary of the trust. ## **A.R.S. §25-215. Liability of Community Property and Separate Property for Community and Separate Debts** 1. The separate property of a spouse shall not be liable for the separate debts or obligations of the other spouse, absent agreement of the property owner to the contrary. 2. The community property is liable for the premarital separate debts or other liabilities of a spouse, incurred after September 1, 1973 but only to the extent of the value of that spouse’s contribution to the community property which would have been such spouse’s separate property if single. 3. The community property is liable for a spouse’s debts incurred outside of this state during the marriage which would have been community debts if incurred in this state. 4. Except as prohibited in section 25-214, either spouse may contract debts and otherwise act for the benefit of the community. In an action on such a debt or obligation the spouses shall be sued jointly and the debt or obligation shall be satisfied: first, from the community property, and second, from the separate property of the spouse contracting the debt or obligation. ## **A.R.S. §25-312. Dissolution of Marriage: Findings Necessary** The court shall enter a decree of dissolution of marriage if it finds each of the following: 1. That one of the parties, at the time the action was commenced, was domiciled in this state, or was stationed in this state while a member of the armed services, and that in either case the domicile or military presence has been maintained for ninety days prior to filing the petition for dissolution of marriage. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-903. 4. To the extent it has jurisdiction to do so, the court has considered, approved and made provision for child decision-making, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of property. ## **A.R.S. §25-313: Decree of Legal Separation: Findings Necessary** The court shall enter a decree of legal separation if it finds each of the following: 1. That one of the parties at the time the action was commenced was domiciled in this state or was stationed in this state while a member of the armed services. 2. The conciliation provisions of section 25-381.09 and the provisions of article 5 of this chapter either do not apply or have been met. 3. The marriage is irretrievably broken or one or both of the parties desire to live separate and apart or, if the marriage is a covenant marriage, any of the grounds prescribed in section 25-904. 4. The other party does not object to a decree of legal separation. If the other party objects to a decree of legal separation, on one of the parties meeting the required domicile for dissolution of marriage, the court shall direct that the pleadings be amended to seek a dissolution of the marriage. 5. To the extent it has jurisdiction to do so, the court has considered, approved or made provisions for child decision-making, the support of any natural or adopted child common to the parties of the marriage entitled to support, the maintenance of either spouse and the disposition of the property. ## **A.R.S. §25-318. Disposition of Property; Retroactivity; Notice to Creditors; Assignment of Debts; Contempt of Court** 1. In a proceeding for dissolution of the marriage, or for legal separation, or in a proceeding for disposition of property following dissolution of the marriage by a court which previously lacked personal jurisdiction over the absent spouse or previously lacked jurisdiction to dispose of the property, the court shall assign each spouse’s sole and separate property to such spouse. It shall also divide the community, joint tenancy and other property held in common equitably, though not necessarily in kind, without regard to marital misconduct. For the purposes of this section only, property acquired by either spouse outside this state shall be deemed to be community property if the property would have been community property if acquired in this state. 2. In dividing property, the court may consider all debts and obligations that are related to the property, including accrued or accruing taxes that would become due on the receipt, sale or other disposition of the property. The court may also consider the exempt status of particular property pursuant title 33, chapter 8. 3. This section does not prevent the court from considering all actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim or excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 4. The community, joint tenancy and other property held in common for which no provision is made in the decree shall be from the date of the decree held by the parties as tenants in common, each possessed of an undivided one-half interest. 5. The court may impress a lien on the separate property of either party or the marital property awarded to either party in order to secure the payment of: 6. Any interest or equity the other party has in or to the property. 7. Community debts that the court has ordered to be paid by the parties. 8. An allowance for child support or spousal maintenance, or both. 9. All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim. 10. The decree or judgment shall specifically describe by legal description any real property affected and shall specifically describe any other property affected. 11. This section applies through both prospective and retrospective operation to property without regard to the date of acquisition. 12. In all actions for the dissolution of marriage or legal separation, the court shall require the following statement in the materials provided to the petitioner and to be served on the respondent: Notice In your property settlement agreement or decree of dissolution or legal separation, the court may assign responsibility for certain community debts to one spouse or the other. Please be aware that a court order that does this is binding on the spouses only and does not necessarily relieve either of you from your responsibility for these community debts. These debts are matters of contract between both of you and your creditors (such as banks, credit unions, credit card issuers, finance companies, utility companies, medical providers and retailers). Since your creditors are not parties to this court case, they are not bound by court orders or any agreements you and your spouse reach in this case. On request, and who is a duly authorized the court may impose a lien against the separate property of a spouse to secure payment of debts that the court orders that spouse to pay. You may want to contact your creditors to discuss representative of (creditor). The undersigned parties agree that the debt owed by the parties to (creditor) is to be disposed of as follows (check one): your debts as well as the possible effects of your court The debt is the joint responsibility of the parties, case on your debts. To assist you in identifying your creditors, you may obtain a copy of your spouse’s credit report by making a written request to the court with payment to be made on the following terms: The balance of the debt is the sole responsibility of for an order requiring a credit reporting agency to and the creditor releases release the report to you. Within thirty days after from any further liability for that receipt of a request from a spouse who is party to a debt, with payment to be made on the following terms: dissolution of marriage or legal separation action, which includes the court and case number of the action, creditors are required by law to provide information as to the balance and account status of The debt has been paid in full as of this date. We the undersigned acknowledge this agreement. Dated: **Debtor** any debts for which the requesting spouse may be Creditor’s representative liable to the creditor. You may wish to use the following form, or one that is similar, to contact your creditors: Creditor notification Date: Creditor name and Address: Within thirty days after receipt of this notice, you are requested to provide the balance and account status of any debt identified by account number for which the requesting party may be liable to you. Name: Address: (signature) (printed name) 1. On the written request of any party to a pending dissolution of marriage or legal separation action, the court, except for good cause shown, shall issue an order requiring any credit reporting agency to release the credit report as to the spouse of the requesting party on payment by the requesting party of any customary fee for providing the credit report. 2. On the request of either party and except for good cause shown, the court shall require the parties to submit a debt distribution plan that states the following: 1. How community creditors will be paid. 2. Whether any agreements have been entered into between the parties as to responsibility for the payment of community debts, including what, if any, collateral will secure the payment of the debt. 3. Whether the parties have entered into agreements with creditors through which a community debt will be the sole responsibility of one party. 3. The following form may be used to verify agreements with creditors: Agreement with creditor The parties to this agreement include and who are parties to a dissolution of marriage action filed in county superior court, Arizona, case number Subscribed and sworn to before me this day of, . Notary Public 1. If the parties are not able to agree to a joint debt distribution plan pursuant to subsection J, the court may order each party to submit a proposed debt distribution plan to the court. In its orders relating to the division of property, the court shall reflect the debt distribution plan approved by the court and shall confirm that any community debts that are made the sole responsibility of one of the parties by agreement with a creditor are the sole responsibility of that party. 2. An agreement with a creditor pursuant to subsection K that assigns or otherwise modifies repayment responsibility for community debts secured by real property located in this state shall include all of the following: 3. A legal description of the real property. 4. A copy of the note and recorded security instrument, the repayment of which is to be assigned or modified by the agreement with a creditor. 5. A written and notarized acknowledgment that is executed by all parties to the debt, including the lender, and that states one of the following: 6. The terms for the repayment of the debt remain unchanged. 7. The terms for the repayment of the debt have been modified and, beginning on the date of the execution of the acknowledgment, the creditor has agreed that one of the debtors assumes the sole responsibility for the debt and that the other debtor is released from any further liability on the debt. 8. The debt is paid in full and all parties to the debt are released from any further liability. 9. An agreement executed pursuant to subsection M shall be recorded by either party in the county in which the real property is located. 10. After an agreement is recorded pursuant to subsection N, either party may request that on payment of the title company’s fees for the document a title company authorized to do business in this state provide the requesting party with a lien search report or other documentary evidence of liens and other agreements of record in the title to the property. 11. If a party fails to comply with an order to pay debts, the court may enter orders transferring property of that spouse to compensate the other party. If the court finds that a party is in contempt as to an order to pay community debts, the court may impose appropriate sanctions under the law. A party must bring an action to enforce an order to pay a debt pursuant to this subsection within two years after the date in which the debt should have been paid in full. 12. Within thirty days after receipt of a written request for information from a spouse who is a party to a dissolution of marriage or legal separation action, which includes the court and case number of the action, a creditor shall provide the balance and account status of any debts of either or both spouses identified by account number for which the requesting spouse may be liable to the creditor. 13. If any part of the court’s division of joint, common or community property is in the nature of child support or spousal maintenance, the court shall make specific findings of fact and supporting conclusions of law in its decree. ## **A.R.S. §25-319. Maintenance; Computation Factors** 1. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court that lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance: 2. Lacks sufficient property, including property apportioned to the spouse, to provide for that spouse’s reasonable needs. 3. Is unable to be self-sufficient through appropriate employment or is the custodian of a child whose age or condition is such that the custodian should not be required to seek employment outside the home or lacks earning ability in the labor market adequate to be self-sufficient. 4. Contributed to the educational opportunities of the other spouse. 5. Had a marriage of long duration and is of an age that may preclude the possibility of gaining employment adequate to be self-sufficient. 6. The maintenance order shall be in an amount and for a period of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors, including: 1. The standard of living established during the marriage. 2. The duration of the marriage. 3. The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance. 4. The ability of the spouse from whom maintenance is sought to meet that spouse’s needs while meeting those of the spouse seeking maintenance. 5. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market. 6. The contribution of the spouse seeking maintenance to the earning ability of the other spouse. 7. The extent to which the spouse seeking maintenance has reduced that spouse’s income or career opportunities for the benefit of the other spouse. 8. The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children. 9. The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse’s ability to meet that spouse’s own needs independently. 10. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved. 13. All actual damages and judgments from conduct that results in criminal conviction of either spouse in which the other spouse or child was the victim. 7. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified. 8. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded. ## **A.R.S. §25-320. Child Support; Factors; Methods of Payment; Additional Enforcement Provisions; Definitions** 1. In a proceeding for dissolution of marriage, legal separation, maintenance or child support, the court may order either or both parents owing a duty of support to a child, born to or adopted by the parents, to pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. 2. If child support has not been ordered by a child support order and if the court deems child support appropriate, the court shall direct, using a retroactive application of the child support guidelines to the date of filing a dissolution of marriage, legal separation, maintenance or child support proceeding, the amount that the parents shall pay for the past support of the child and the manner in which payment shall be paid, taking into account any amount of temporary or voluntary support that has been paid. Retroactive child support is enforceable in any manner provided by law. 3. If the parties lived apart before the date of the filing for dissolution of marriage, legal separation, maintenance or child support and if child support has not been ordered by a child support order, the court may order child support retroactively to the date of separation, but not more than three years before the date of the filing for dissolution of marriage, legal separation, maintenance or child support. The court must first consider all relevant circumstances, including the conduct or motivation of the parties in that filing and the diligence with which service of process was attempted on the obligor spouse or was frustrated by the obligor spouse. If the court determines that child support is appropriate, the court shall direct, using a retroactive application of the child support guidelines, the amount that the parents must pay for the past support of the child and the manner in which payments must be paid, taking into account any amount of temporary or voluntary support that has been paid. 4. The supreme court shall establish guidelines for determining the amount of child support. The amount resulting from the application of these guidelines is the amount of child support ordered unless a written finding is made, based on criteria approved by the supreme court, that application of the guidelines would be inappropriate or unjust in a particular case. The supreme court shall review the guidelines at least once every four years to ensure that their application results in the determination of appropriate child support amounts. The supreme court shall base the guidelines and criteria for deviation from them on all relevant factors, including: 5. The financial resources and needs of the child. 6. The financial resources and needs of the custodial parent. 7. The standard of living the child would have enjoyed had the marriage not been dissolved. 8. The physical and emotional condition of the child, and the child’s educational needs. 9. The financial resources and needs of the noncustodial parent. 10. The medical support plan for the child. The plan should include the child’s medical support needs, the availability of medical insurance or services provided by the Arizona health care cost containment system and whether a cash medical support order is necessary. 11. Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common. 12. The duration of parenting time and related expenses. 13. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true: 1. The court has considered the factors prescribed in subsection D of this section. 2. The child is severely mentally or physically disabled as demonstrated by the fact that the child is unable to live independently and be self-supporting. 3. The child’s disability began before the child reached the age of majority. 14. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program. 15. If a personal check for support payments and handling fees is rightfully dishonored by the payor bank or other drawee, the person obligated to pay support shall make any subsequent support payments and handling fees only by cash, money order, cashier’s check, traveler’s check or certified check. If a person required to pay support other than by personal check demonstrates full and timely payment for twenty-four consecutive months, that person may pay support by personal check if these payments are for the full amount, are timely tendered and are not rightfully dishonored by the payor bank or other drawee. 16. Subsection G of this section does not apply to payments made by means of an assignment. 17. If after reasonable efforts to locate the obligee the clerk or support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not deliver further payments and shall return the payments to the obligor consistent with the requirements of section 25-503. 18. An order for child support shall assign responsibility for providing medical insurance for the child who is the subject of the support order and shall assign responsibility for the payment of any medical costs of the child that are not covered by insurance. Each parent shall provide information to the court regarding the availability of medical insurance for the child that is accessible and available at a reasonable cost. In title IV-D cases, the parent responsible pursuant to court order for providing medical insurance for the child shall notify the child support enforcement agency in the department of economic security if medical insurance has been obtained or if the child is no longer covered under an insurance plan. 19. If the court finds that neither parent has the ability to obtain medical insurance for the child that is accessible and available at a reasonable cost, the court shall: 1. Establish a reasonable monthly cash medical support order to be paid by the obligor. If medical assistance is being provided to a child under title XIX of the social security act, cash medical support is assigned to the state pursuant to section 46-407. 2. Order one parent to provide medical insurance when it becomes accessible and available at a reasonable cost. 3. Order that medical costs in excess of the cash medical support amount shall be paid by each parent according to the percentage assigned for payment of uninsured costs. 20. If the court orders one parent to provide medical insurance the court shall also set an alternative cash medical support order to be paid by that parent if the child is not covered under an insurance plan within ninety days after entry of the order or if the child is no longer covered by insurance. 21. In title IV-D cases the superior court shall accept for filing any documents that are received through electronic transmission if the electronically reproduced document states that the copy used for the electronic transmission was certified before it was electronically transmitted. 22. The court shall presume, in the absence of contrary testimony, that a parent is capable of full-time employment at least at the applicable state or federal adult minimum wage, whichever is higher. This presumption does not apply to noncustodial parents who are under the age of eighteen and who are attending high school. 23. An order for support shall provide for an assignment pursuant to sections 25-504 and 25-323. 24. Each licensing board or agency that issues professional, recreational or occupational licenses or certificates shall record on the application the social security number of the applicant and shall enter this information in its database in order to aid the department of economic security in locating parents or their assets or to enforce child support orders. This subsection does not apply to a license that is issued pursuant to title 17 and that is not issued by an automated drawing system. If a licensing board or agency allows an applicant to use a number other than the social security number on the face of the license or certificate while the licensing board or agency keeps the social security number on file, the licensing board or agency shall advise an applicant of this fact. 25. For the purposes of this section: 1. “Accessible” means that insurance is available in the geographic region where the child resides. 2. “Child support guidelines” means the child support guidelines that are adopted by the state supreme court pursuant to 42 United States Code sections 651 through 669B. 3. “Date of separation” means the date the married parents ceased to cohabit. 4. “Reasonable cost” means an amount that does not exceed the higher of five per cent of the gross income of the obligated parent or an income-based numeric standard that is prescribed in the child support guidelines. 5. “Support” has the same meaning prescribed in section 25-500. 6. “Support payments” means the amount of money ordered by the court to be paid for the support of the minor child or children. ## **A.R.S. §25-401. Definitions** In this chapter, unless the context otherwise requires: 1. “In loco parentis” means a person who has been treated as a parent by a child and who has formed a meaningful parental relationship with a child for a substantial period of time. 2. “Joint legal decision-making” means both parents share decision-making and neither parent’s rights or responsibilities are superior except with respect to specified decisions as set forth by the court or the parents in the final judgment or order. 3. “Legal decision-making” means the legal right and responsibility to make all nonemergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions. For the purposes of interpreting or applying any international treaty, federal law, a uniform code or the statutes of other jurisdictions of the United States, legal decision-making means legal custody. 4. “Legal parent” means a biological or adoptive parent whose parental rights have not been terminated. Legal parent does not include a person whose paternity has not been established pursuant to section 25-812 or 25-814. 5. “Parenting time” means the schedule of time during which each parent has access to a child at specified times. Each parent during their scheduled parenting time is responsible for providing the child with food, clothing and shelter and may make routine decisions concerning the child’s care. 6. “Sole legal decision-making” means one parent has the legal right and responsibility to make major decisions for a child. 7. “Visitation” means a schedule of time that occurs with a child by someone other than a legal parent. ## **A.R.S. §25-403. Legal Decision-making; Best Interests of Child** 1. The court shall determine legal decision-making and parenting time, either originally or on petition for modification, in accordance with the best interests of the child. The court shall consider all factors that are relevant to the child’s physical and emotional well-being, including: 2. The past, present and potential future relationship between the parent and the child. 3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. 4. The child’s adjustment to home, school and community. 5. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time. 6. The mental and physical health of all individuals involved. 7. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse. 8. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent. 9. Whether there has been domestic violence or child abuse pursuant to section 25-403.03. 10. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time. 11. Whether a parent has complied with chapter 3, article 5 of this title. 12. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. 13. In a contested legal decision-making or parenting time case, the court shall make specific findings on the record about all relevant factors and the reasons for which the decision is in the best interests of the child. ## **A.R.S. §25-403.01. Sole and Joint Legal Decision-making and Parenting Time** 1. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making. 2. In determining the level of decision-making that is in the child’s best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following: 3. The agreement or lack of an agreement by the parents regarding joint legal decision-making. 4. Whether a parent’s lack of an agreement is unreasonable or is influenced by an issue not related to the child’s best interests. 5. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making. 6. Whether the joint legal decision-making arrangement is logistically possible. 7. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan. 8. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child’s physical, mental, moral or emotional health. ## **A.R.S. §25-403.02. Parenting Plans** 1. If the child’s parents cannot agree on a plan for legal decision-making or parenting time, each parent must submit a proposed parenting plan. 2. Consistent with the child’s best interests in section 25-403 and sections 25-403.03, 25-403.04 and 25-403.05, the court shall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent’s proposed plan because of the parent’s or child’s gender. 3. Parenting plans shall include at least the following: 4. A designation of the legal decision-making as joint or sole as defined in section 25-401. 5. Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. 6. A practical schedule of parenting time for the child, including holidays and school vacations. 7. A procedure for the exchanges of the child, including location and responsibility for transportation. 8. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling. 9. A procedure for periodic review of the plan’s terms by the parents. 10. A procedure for communicating with each other about the child, including methods and frequency. 11. A statement that each party has read, understands and will abide by the notification requirements of section 25-403.05, subsection B. 12. If the parents are unable to agree on any element to be included in a parenting plan, the court shall determine that element. The court may determine other factors that are necessary to promote and protect the emotional and physical health of the child. 13. Shared legal decision-making does not necessarily mean equal parenting time. **A.R.S. §25-403.03. Domestic Violence and Child Abuse** Notwithstanding subsection D of this section, joint decision-making shall not be awarded if the court makes a finding of the existence of significant domestic violence pursuant to section 13-3601 or if the court finds by a preponderance of the evidence that there has been a significant history of domestic violence. 1. The court shall consider evidence of domestic violence as being contrary to the best interests of the child. The court shall consider the safety and well- being of the child and of the victim of the act of domestic violence to be of primary importance. The court shall consider a perpetrator’s history of causing or threatening to cause physical harm to another person. 2. To determine if a person has committed an act of domestic violence the court, subject to the rules of evidence, shall consider all relevant factors including the following: 3. Findings from another court of competent jurisdiction. 4. Police reports. 5. Medical reports. 6. Child protective services records. 7. Domestic violence shelter records. 8. School records. 9. Witness testimony. 10. If the court determines that a parent who is seeking decision-making has committed an act of domestic violence against the other parent, there is a rebuttable presumption that an award of decision-making to the parent who committed the act of domestic violence is contrary to the child’s best interests. This presumption does not apply if both parents have committed an act of domestic violence. For the purposes of this subsection, a person commits an act of domestic violence if that person does any of the following: 1. Intentionally, knowingly or recklessly causes or attempts to cause sexual assault or serious physical injury. 2. Places a person in reasonable apprehension of imminent serious physical injury to any person. 3. Engages in a pattern of behavior for which a court may issue an ex parte order to protect the other parent who is seeking child decision-making or to protect the child and the child’s siblings. 11. To determine if the parent has rebutted the presumption the court shall consider all of the following: 12. Whether the parent has demonstrated that being awarded sole decision-making or joint physical or legal decision-making is in the child’s best interests. 13. Whether the parent has successfully completed a batterer’s prevention program. 14. Whether the parent has successfully completed a program of alcohol or drug abuse counseling, if the court determines that counseling is appropriate. 15. Whether the parent has successfully completed a parenting class, if the court determines that a parenting class is appropriate. 16. If the parent is on probation, parole or community supervision, whether the parent is restrained by a protective order that was granted after a hearing. 17. If the court finds that a parent has committed an act of domestic violence, that parent has the burden of proving to the court’s satisfaction that parenting time will not endanger the child or significantly impair the child’s emotional development. If the parent meets this burden to the court’s satisfaction, the court shall place conditions on parenting time that best protect the child and the other parent from further harm. The court may: 1. Order that an exchange of the child must occur in a protected setting as specified by the court. 2. Order that an agency specified by the court must supervise parenting time. If the court allows a family or household member to supervise parenting time, the court shall establish conditions that this person must follow during parenting time. 3. Order the parent who committed the act of domestic violence to attend and complete, to the court’s satisfaction, a program of intervention for perpetrators of domestic violence and any other counseling the 4. Order the parent who committed the act of domestic violence to abstain from possessing or consuming alcohol or controlled substances during parenting time and for twenty-four hours before parenting time. 5. Order the parent who committed the act of domestic violence to pay a fee to the court to defray the costs of supervised parenting time. 6. Prohibit overnight parenting time. 7. Require a bond from the parent who committed the act of domestic violence for the child’s safe return. 8. Order that the address of the child and the other court orders. parent remain confidential. 9. Impose any other condition that the court determines is necessary to protect the child, the other parent and any other family or household member. 18. The court shall not order joint counseling between a victim and the perpetrator of domestic violence. The court may refer a victim to appropriate counseling and shall provide a victim with written information about available community resources related to domestic violence. 19. The court may request or order the services of the division of children and family services in the department of economic security if the court believes that a child may be the victim of child abuse or neglect as defined in section 8-201. 20. In determining whether the absence or relocation of a parent shall be weighed against that parent in determining decision-making or parenting time, the court may consider whether the absence or relocation was caused by an act of domestic violence by the other parent. **A.R.S. §25-500 Definitions** **In this chapter, unless the context otherwise requires:** 1. “Arrearage” means the total unpaid support owed, including child support, past support, spousal maintenance and interest. 2. “Business day” means a day when state offices are open for regular business. 3. “Child support guidelines” means the child support guidelines that are adopted by the state supreme court. 4. “Child support subpoena” means a subpoena issued pursuant to section 25-520. “Department” means the department of economic security. 5. “Income” means any form of payment owed to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers’ compensation, disability payments, payments pursuant to a pension or retirement program and interest. 6. “Obligee” means a person or agency entitled to receive support. 7. “Obligor” means a person obligated to pay support. 8. “Support” means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support. 9. “Support payment clearinghouse” means the clearinghouse established pursuant to section 46-441. 10. “Title IV-D” means title IV-D of the social security act. ## **A.R.S. §25-803. Persons Who Originate Proceedings; Decision-making; Parenting Time; Conciliation Court** 1. Proceedings to establish the maternity or paternity of a child or children and to compel support under this article may be commenced by any of the following: 1. The mother. 2. The father. 3. The guardian, conservator or best friend of a child or children born out of wedlock. 4. A public welfare official or agency of the county where the child or children reside or may be found. 5. The state pursuant to section 25-509. 2. An adult may bring an action to establish the adult’s biological parent. 3. Any party to a proceeding under this article other than the state may request that decision-making and specific parenting time be determined as a part of the proceeding. When paternity is established the court may award decision-making and parenting time as provided in section 25-408. The attorney general or county attorney shall not seek or defend any ancillary matters such as decision-making or parenting time. 4. In any case in which paternity is established the parent with whom the child has resided for the greater part of the last six months shall have legal decision-making unless otherwise ordered by the court. 5. The services of the conciliation court may be used in regard to disputed matters of decision-making and parenting time. ## **A.R.S. §13-3601. Domestic Violence; Definition; Classification; Sentencing Option; Arrest and Procedure for Violation; Weapon Seizure; Notice** 1. “Domestic violence” means any act which is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies: 2. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. 3. The victim and the defendant have a child in common. 4. The victim or the defendant is pregnant by the other party. 5. The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step- grandchild, brother-in-law or sister-in-law. 6. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant. 7. The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship: 8. The type of relationship. 9. The length of the relationship. 10. The frequency of the interaction between the victim and the defendant. 11. If the relationship has terminated, the length of time since the termination. 12. A peace officer, with or without a warrant, may arrest a person if the officer has probable cause to believe that domestic violence has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense is a felony or a misdemeanor and whether the offense was committed within or without the presence of the peace officer. In cases of domestic violence involving the infliction of physical injury or involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument, the peace officer shall arrest a person, with or without a warrant, if the officer has probable cause to believe that the offense has been committed and the officer has probable cause to believe that the person to be arrested has committed the offense, whether the offense was committed within or without the presence of the peace officer, unless the officer has reasonable grounds to believe that the circumstances at the time are such that the victim will be protected from further injury. Failure to make an arrest does not give rise to civil liability except pursuant to section 12-820.02. In order to arrest both parties, the peace officer shall have probable cause to believe that both parties independently have committed an act of domestic violence. An act of self- defense that is justified under chapter 4 of this title is not deemed to be an act of domestic violence. The release procedures available under section 13-3883, subsection A, paragraph 4 and section 13-3903 are not applicable to arrests made pursuant to this subsection. 13. A peace officer may question the persons who are present to determine if a firearm is present on the premises. On learning or observing that a firearm is present on the premises, the peace officer may temporarily seize the firearm if the firearm is in plain view or was found pursuant to a consent to search and if the officer reasonably believes that the firearm would expose the victim or another person in the household to a risk of serious bodily injury or death. A firearm that is owned or possessed by the victim shall not be seized unless there is probable cause to believe that both parties independently have committed an act of domestic violence. 14. If a firearm is seized pursuant to subsection C of this section, the peace officer shall give the owner or possessor of the firearm a receipt for each seized firearm. The receipt shall indicate the identification or serial number or other identifying characteristic of each seized firearm. Each seized firearm shall be held for at least seventy-two hours by the law enforcement agency that seized the firearm. 15. If a firearm is seized pursuant to subsection C of this section, the victim shall be notified by a peace officer before the firearm is released from temporary custody. 16. If there is reasonable cause to believe that returning a firearm to the owner or possessor may endanger the victim, the person who reported the assault or threat or another person in the household, the prosecutor shall file a notice of intent to retain the firearm in the appropriate superior, justice or municipal court. The prosecutor shall serve notice on the owner or possessor of the firearm by certified mail. The notice shall state that the firearm will be retained for not more than six months following the date of seizure. On receipt of the notice, the owner or possessor may request a hearing for the return of the firearm, to dispute the grounds for seizure or to request an earlier return date. The court shall hold the hearing within ten days after receiving the owner’s or possessor’s request for a hearing. At the hearing, unless the court determines that the return of the firearm may endanger the victim, the person who reported the assault or threat or another person in the household, the court shall order the return of the firearm to the owner or possessor. 17. A peace officer is not liable for any act or omission in the good faith exercise of the officer’s duties under subsections C, D, E and F of this section. 18. Each indictment, information, complaint, summons or warrant that is issued and that involves domestic violence shall state that the offense involved domestic violence and shall be designated by the letters DV. A domestic violence charge shall not be dismissed or a domestic violence conviction shall not be set aside for failure to comply with this subsection. 19. A person who is arrested pursuant to subsection B of this section may be released from decision-making in accordance with the Arizona rules of criminal procedure or any other applicable statute. Any order for release, with or without an appearance bond, shall include pretrial release conditions that are necessary to provide for the protection of the alleged victim and other specifically designated persons and may provide for additional conditions that the court deems appropriate, including participation in any counseling programs available to the defendant. 20. When a peace officer responds to a call alleging that domestic violence has been or may be committed, the officer shall inform in writing any alleged or potential victim of the procedures and resources available for the protection of the victim including: 1. An order of protection pursuant to section 13-3602, an injunction pursuant to section 25-315 and an injunction against harassment pursuant to section 12- 1809. 2. The emergency telephone number for the local police agency. 3. Telephone numbers for emergency services in the local community. 21. A peace officer is not civilly liable for noncompliance with subsection J of this section. 22. An offense that is included in domestic violence carries the classification prescribed in the section of this title in which the offense is classified. If the defendant committed a felony offense listed in subsection A of this section against a pregnant victim and knew that the victim was pregnant or if the defendant committed a felony offense causing physical injury to a pregnant victim and knew that the victim was pregnant, section 13-709.04, subsection B applies to the sentence imposed. 23. If the defendant is found guilty of a first offense included in domestic violence, the court shall provide the following written notice to the defendant: 24. You have been convicted of an offense included in domestic violence. You are now on notice that: 25. If you are convicted of a second offense included in domestic violence, you may be placed on supervised probation and may be incarcerated as a condition of probation. 26. A third or subsequent charge may be filed as a felony and a conviction for that offense shall result in a term of incarceration. 27. The failure or inability of the court to provide the notice required under subsection M of this section does not preclude the use of the prior convictions for any purpose otherwise permitted. **Categories:** CHAPTER 14: TIMEOUTS --- ### [APPENDIX C: GLOSSARY OF FAMILY LAW DEFINITIONS](https://www.bestlawaz.com/coach_book/appendix-c-glossary-of-family-law-definitions/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** **Access**, **Visitation, Parenting Time**: Words used to describe the schedule of time that a child has with each parent. **Admissions**: Statements that you agree or disagree. Usually, this comes in the form of a formal request from one party to the other. **Advanced Fee**: This was formerly known as a “retainer,” which is money that an attorney usually requires before beginning your case. **Affidavit**: A sworn statement of fact signed by the author and witnessed by another, usually a notary. **Affidavit of Financial Information**: This required document must be filed if a party wants child support or spousal maintenance. It is a court form. **Alternative Dispute Resolution** (ADR): Ways to solve legal problems without a trial. Examples include mediation, resolution management conference or other settlement methods. **Annulment**: In some states, it was possible to receive an “Annulment.” This was a document that declared that the legal marriage never occurred in the first place. **Arrearages:** Past child support or spousal maintenance payments which have not been made. A.R.S. § 25-500: The total unpaid support owed, including child support, past support, spousal maintenance and interest. **A.R.S. (Arizona Revised Statutes**): This is a set of laws that governs Arizona, including Family Law. They can be found at:[ http://www.azleg.state.az.us/arizonarevisedstatutes.asp.](http://www.azleg.state.az.us/arizonarevisedstatutes.asp) **Attachment**: Positive feelings of the child toward parents and other parent figures. **Best Interest of the Child**: When a judge decides what would be best for the child in a decision-making or parenting plan issue, based on all the information. A standard by which a court determines what arrangements would be to a child’s greatest benefit, often used in deciding child-decision-making and visitation matters and in deciding whether to approve an adoption or a guardianship. A.R.S. § 25-403: A decision-making determination shall be made in accordance with the best interests of the child. All relevant factors shall be considered, including: (1) the wishes of the child’s parent(s) as to decision-making, (2) the wishes of the child as to the custodian, (3) the interaction and interrelationship of the child with the child’s parent(s), the child’s siblings, (4) the child’s adjustment to home, school and community, (5) the mental and physical health or all individuals involved, (6) which parent is more likely to allow the child frequent and meaning continuing contact with the other parent, (7) whether one parent, both parents or neither parent has provided primary care of the child, and (8) the nature and extent of coercion or duress used by a parent in obtaining an agreement regarding decision-making. **Bonding**: Close relationship that develops between a young child and a parent or a parent figure. **Child Decision-making**: The care, control and maintenance of a child awarded by a court to a responsible adult. Decision-making involves legal decision-making (decision-making authority) and physical decision-making (care giving authority). A.R.S. § 25-402(2). **Child Support**: Financial support ordered to be paid by one parent to the other parent for support of a child. The amount is calculated by statutory guidelines, called Child Support Guidelines, which are calculated and reflected in a Child Support Worksheet. A.R.S. § 25-320: In a proceeding for dissolution of marriage, legal separation, maintenance or child support it may be ordered that either or both parents owing a duty of support to a child and pay an amount reasonable and necessary for support of the child, without regard to marital misconduct. When determining the amount of child support owed, income is normally the most important factor. This not only includes standard paycheck wages, but also bonuses, commission payments, overtime, disability payments, Social Security income, income from rental properties, and income from intellectual property, such as royalties. The court can also view stock option plans (which are non- retirement) as income. If one spouse is not working, the judge can still assume that this non-custodial parent is capable of obtaining a job at minimum wage for 40 hours a week. **Co-Parenting**: When parents share the responsibility for raising a child, even when the parents do not live together. **Community Property**: The body of law in Arizona which creates a presumption that property and debt acquired during a marriage belongs to both parties and require such property and debt to be divided equitably during a divorce. A.R.S. §25-211: “All property acquired by either husband or wife during the marriage is the community property of the husband and wife except for property that is: (1) acquired by gift, devise or descent (2) acquired after service of a petition for dissolution…” **Community Property**: also includes pensions, benefits, stock plans, accrued vacation, deferred compensation, frequent flier miles, publishing rights, copyrights, patents, or anything else of value acquired during the marriage. **Conciliation**: An alternative dispute resolution (ADR) process, whereby the parties in a divorce agree to utilize the services of a conciliator, who then meets with the parties in an attempt to resolve their differences and determine if any agreements can be made. **Conciliation Services:** Services provided by Maricopa County. These details change frequently, so you should always review their website. They provide parenting conferences, mediation and early resolution conferences. **Confidentiality**: Private information that cannot be shared with anyone else, except as required by law. **Consent Decree:** An agreement that ends the marriage. Both parties sign and agree to the terms of the decree. **Contested Divorce**: One in which your spouse is contesting your Petition for Dissolution. By contesting the petition, they will have actually filed a response with the court. The filing of the response will not prevent a future Consent Decree/Marital Settlement Agreement from being reached. In fact, the most likely scenario is that they will respond and then later work out an agreement between your attorney and theirs. This usually occurs after discovery has been concluded. If a Marital Settlement Agreement is still not reached, it is at this time that a trial will occur. **Court Appointed Attorneys for Children** (Guardian ad Litum): Only rarely will a court appoint attorneys for children, but they may do so if the judge finds that the parent’s position may be in conflict with the best interests of the child. Sometimes this will occur if the child is insisting on being with one parent, although a judge may feel that it conflicts with their best interest. This also helps prevent the parties from playing tug-of-war with their child. **Court Order**: A written order made by a judge that must be followed. **Covenant Marriage**: Special marriage designated on the marriage license. It is more difficult to get divorced if you have a covenant marriage. **Decree of Dissolution**: This is the Final Judgment or Decree that will restore you and your former spouse’s status of unmarried persons. They will also set out the final rulings regarding child decision-making, child support, property division, and other important issues regarding the termination of the marriage. **Default Judgment**: A default occurs when a spouse is not responding to the Petition for Dissolution within the required amount of time (20 days if your spouse is an Arizona resident; 30 days for an out-of-state resident). Once the time limit has run out and if your spouse has failed to respond, you can then file for a Notice of Default with the court. This has the effect of asking the court to grant everything that you have asked for in your petition. Once you have filed the Notice of Default, your spouse has 10 days in which to respond. If they do not respond, then your case will be assigned to a judge to enter a Final Judgment in the form of a Decree of Dissolution. At this default hearing, you must be present at court, otherwise the judge cannot sign the decree and give you your copy. **Depositions**: Court-ordered interviews that are normally conducted with both attorneys present, along with a court reporter. **Discovery Process**: Discovery is the term used to describe the process by which each party is allowed to examine all possible evidence that may support their claims. In Arizona, both spouses must disclose, in writing, all legal and factual grounds for their alleged defenses and claims. **Dissolution Decree**: Same as a divorce decree. The court order that dissolves a marriage and returns parties to the status of single persons and outlines the terms of the divorce, including decision-making, child support, spousal maintenance and division of community assets. When the parties agree to all the terms of a divorce, they can submit a Consent Decree, signed by each party, to the court for the court’s approval. A.R.S. §25-312: A decree of dissolution of marriage shall be entered into if (1) one of the parties, at the time the action was commenced, was domiciled in this state, and that domicile has been maintained for ninety (90) days, (2) the conciliation provisions of § 25-381.09 and the provisions of article 5 either do not apply or have not been met, and (3) the marriage is irretrievably broken. **Dissolution of Marriage**: Divorce. **Dissolution**: The present day term for a divorce, meaning to dissolve the marriage. **Divorce**: The legal process of dissolving a marriage. **Domestic Partnership**: A non-marital relationship between two persons of the same or opposite sex who live together as a couple for a significant period of time. **Domestic Violence**: Domestic violence is legally defined in Arizona in A.R.S. § 13- 3601(a) as a criminal act of physical, verbal or sexual behavior or threats or intimidation by one partner toward another. Significant domestic violence is a factor considered in determining parenting time decisions under A.R.S. § 25-403.03. **Early Resolution Conference**: This is a meeting set for *pro per* clients to meet with court personnel, outside a courtroom setting, to try and resolve the divorce issues. **Emergency Temporary Orders**: Can be requested by either party and normally will be heard by the court within 24 hours. These orders are normally based upon a showing of irreparable harm that may befall the children. Usually, there is a child abuse, drug abuse or mental health issue involved in these cases. Many times these orders are heard *Ex Parte* (i.e. with only one party appearing in front of the judge). At the Emergency Order’s hearing, the judge will base his information upon declarations and sometimes on brief testimony. **Enforcement**: The process of ordering a party to appear before the court for failing to make child support or spousal maintenance payments and requiring the party to pay arrearages. **Exchange**: Pick-up and drop-off of a child between parents or other caregivers. **Exhibits**: Documentary or other evidence that supports your position. Exhibits can include your Affidavit of Financial Information, bank statements, school records, etc. **Family Law Rules**: The Arizona Rules of Family Law Procedure (ARFLP) are the procedure rules that guide family law litigation cases. **Family Law**: The laws that relate to family relationships. They include laws about divorce, paternity, decision-making, parenting plans, property and debt division, child support, spousal support (alimony), and other topics. The laws are based on statutes, rules and reported court decisions. **Filing**: Giving your legal papers to the clerk of the court. **Frequent and Continuing Contact**: How the law refers to children having regular and ongoing contact with parents. **Full Decision-making**: This is not a legal term defined by law in Arizona. In Arizona, the term is not used and it has no meaning. However, often this term is confused with “sole decision-making.” (See Sole Decision-making.) **Grandparent Visitation**: In certain situations, grandparents and great- grandparents may be entitled to visitation or parenting time with their grandchild under A.R.S. § 25-409: Grandparents may be granted reasonable visitations to the child during the child’s minority on a finding that the visitation rights would be in the best interests of the child. **Hague Convention**: An international convention dealing with international adoption, child laundering and child trafficking. **Hearing**: A scheduled appearance in court where parents and attorneys may call witnesses and introduce evidence. **Hearsay**: An out-of-court statement offered to prove the truth of the matter asserted. Hearsay is allowed in family law matters, unless one party requests strict compliance with the Rules of Evidence. **Holiday Plan**: A part of the parenting plan that specifies how children will spend holidays with each parent and defines each holiday, so both parents know when the holiday begins and ends. **Injunction**: Order by the court to refrain from doing something. **In loco parentis**: \[Latin for “in the place of a parent”\] When an individual acts as a guardian or caretaker of a child, taking on all or some of the responsibilities of a parent. A.R.S. § 25-415: A child decision-making proceeding may be commenced by a person other than a legal parent. An award of decision-making shall be denied unless, (1) the non-parent stands *in loco parentis* to the child, (2) it would be detrimental to the child to remain or be placed in the decision-making of either the child’s living legal parents who seek decision-making, (3) an award of decision-making of the child has not been made within one year, unless there is reason to believe the child’s current environment present dangers to the child’s physical, mental, moral or emotional health, and (4) one of the legal parents is deceased, the child’s legal parents are not married to each other, or there is a pending dissolution of the legal parents. **Interrogatories**: Written questions that each party must answer in writing. **Irretrievably Broken/Irreconcilable Differences**: These are the only grounds which are recognized for divorce in Arizona. It is not necessary to find that somebody is at fault for the dissolution. All that is required is that one party wishes to get the divorce. (See No Fault). **Joint Legal Decision-making**: Both parents share major decision-making for their children. Neither parent can overrule the other parent, unless specifically allowed by the parenting plan or by court order. See also Legal Decision-making. (See A.R.S. §25-402(2).) “The condition under which both parents share legal decision-making and neither parent’s rights are superior…” A.R.S. §25-402(3). **Joint Parenting Time**: The child has roughly the same amount of time and contact with both parents. This does not mean the parents have joint legal decision-making. See also Physical Decision-making. (See A.R.S. §25-403.) **Legal Decision-making**: The right of a parent to make major decisions for the children. Major decisions may include medical care, personal appearance, religion, or education. Decision-making may be either joint with both parents or sole with one parent. (See A.R.S. §25-403 and §25-403.01.) **Legal Separation**: A partial or qualified divorce by which the community ends for purposes of community property, assets and debts are split, and child decision-making, parenting time and support is determined, but the parties remain technically married. A.R.S. 25-313: A decree of legal separation shall be entered into if: (1) one of the parties, at the time the action was commenced, was domiciled in this state, (2) the conciliation provisions of A.R.S. §25-381.09 and the provisions of Article 5 either do not apply or have not been met (3) the marriage is irretrievably broken or one of both of the parties desire to live separate and apart, and (4) the other party does not object to a decree of legal separation. It can be temporary or for an unlimited period of time. It is a legal decree which is issued when the judge determines that there is an irretrievable breakdown of the marriage, or that one spouse desires to live separate and apart from the other spouse. The benefit of the legal separation is that it still leaves open the possibility of reconciliation, and it protects both spouses from the others future debts. One spouse files an objection to the legal separation, it will then be amended to a Petition for Dissolution of the marriage and the divorce process begins. **Litigate**: Go to court to resolve issues. **Maiden Name Restoration**: A wife’s former or maiden name can be changed back upon request in the Petition for Dissolution or by pleading during the divorce. **Marital Settlement Agreement:** A written document signed by both parties evidencing the agreement of the split of the parties’ assets. **Maternity**: A legal action that results in a court order naming the child’s mother. **Mediation**: A meeting with a mediator who helps the parents try to solve problems cooperatively. Mediation may occur face-to-face or separately, if necessary. Mediation is confidential. The mediator does not tell the parents what they should do or make a recommendation to the court. (See Rule of Family Law Procedure 66.B(4)) **Mediator**: A trained, neutral third party who helps the parents try to solve problems cooperatively through mediation. **Minute Entry**: These are orders generated by the court. **Modification of Parenting Plan**: Changes to the parenting plan. If agreed to, the changes can be enforced only if they are submitted to and ordered by the court. If the parties cannot agree, one party can request modification by filing a motion with the court. **Modification**: Making changes to a prior agreement, court order or decree. A.R.S. § 25-411: A person shall not make a motion to modify a decision-making decree earlier than one year after its date, unless there is reason to believe the child’s present environment may seriously endanger the child’s physical, mental, moral or emotional health. **No Fault**: In some states, it is required that one party be at fault for the breakup of the marriage. In Arizona, it is not necessary to have somebody to blame for the end of the marriage; therefore, Arizona is a “No Fault Divorce” state. **Non-Modifiable**: This usually refers to a spousal maintenance agreement that cannot be modified. You need to be very careful with this language, because according to Arizona law, spousal maintenance ends when a party dies or the receiving spouse remarries. **Notice to Attend Parent Information Program Classes and Order**: This is an official court order, and failure to obey may result in contempt of court. What this means is both you and your spouse must complete these classes within 45 days from the petition being served. Also, these classes must be completed before the judge will finalize your Decree of Dissolution. **Order of Protection**: See Protective Order. **Parenting Conference**: The parties and children are interviewed by a contract provider hired by the court to interview the family and write a report to the court. The fee varies and at the time of publishing, cost is $300 per person. Children are no additional cost. These are usually conducted by a psychologist. **Parenting Plan**: A document that states when the child will be with each parent and how decisions will be made. The parenting plan may be developed by the parents on their own or with the help of a professional such as a mediator, an attorney or a judge. A plan should allocate custodial responsibility and decision-making authority that serves the child’s best interests and provides a mechanism for resolving any later disputes between parents. A.R.S. § 25-403.02: Before joint decision-making is awarded, the parents shall submit a proposed parenting plan that includes: (1) each parent’s rights and responsibilities for the personal care of the child, such as education, health care and religious training, and (2) a schedule of the physical residence of the child, including holidays and school vacations. **Parenting Time**: The time a child spends with each parent. This is the present- day term for visitation, during which one parent is awarded set time to have physical control and decision-making of a child. A.R.S. § 25-402: The condition under which a parent has the right to have a child physically placed with the parent and the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with the major decisions made by a person having legal decision-making. **Paternity Action**: This is a court proceeding brought forward to determine who is the father of a child. **Paternity**: A legal action that results in a court order naming the child’s father. **Pendency**: The state of being pending, during the process of or in a state that is undecided. **Petition**: The filing to start to the divorce. **Petitioner**: The person who files the divorce or initiates the action. **Preliminary Injunction Order**: These are the first orders issued by the court during the dissolution proceeding. It is in effect automatically after service of the petition. This prevents you or your spouse from selling or giving property. It also prevents either you or your spouse from taking your children out of state without the prior written consent of the other spouse. You are prohibited from changing any insurance plans. Lastly, it prevents either you or your spouse from harassing or disturbing the peace of one another. **Prenuptial/Premarital Agreements**: These are contracts that are entered into prior to the marriage taking place. These must be in writing and signed by both parties in order to be enforceable. The agreement has to be entered into voluntarily, and it cannot be unconscionable when executed. In addition, both spouses must be fully informed and provided with fair and reasonable disclosure of all the property and financial interests and obligations of the other spouse. In other words, all of your information must be turned over to the other spouse and their lawyer. There is an exception if your future spouse voluntarily waives the disclosure of this information and had adequate previous knowledge of your financial holdings and obligations. **Primary Residence**: The parent’s home where the child physically resides most of the time. ***Pro per***: The Latin term that courts use when referring to a party who is representing themselves. This means that the party is not represented by an attorney. **Property Settlement Agreement**: This document sets forth the terms of your property agreements. **Protective Order**: Refers to four types of orders (Order of Protection, Emergency Order of Protection, Injunction Against Harassment, Injunction Against Workplace Harassment) designed to prevent violence or harassment between parties. Any court in the state can issue these special orders without notice to the defendant. When the orders are set without notice, hearings must be set within 5-10 days at the request of the defendant. (See Rule 1B of the Arizona Rules of Protective Order Procedure). **Reconciliation Request**: When one party strongly believes that the marriage can be saved, they can petition the court to order marriage counseling. This order results in the dissolution proceedings being suspended for up to 120 days while the court determines whether reconciliation is possible and likely. **Redact**: A form of editing that covers information that you do not want to disclose on documents. **Relocation** (”Move Away” cases): When one spouse wishes to move out of the area, or out of Arizona, and they wish to take the children with them, then very specific steps need to be undertaken. The other parent must receive written notice and they have the opportunity to contest it in the court. **Request for Admissions**: A written list of questions asking for very specific admissions that will save time in the preparation of the case (i.e. “Are you the father of the child?” etc.). **Request for Production of Documents**: A specific request for certain documents that either side believes will be beneficial to their case. **Residency/Jurisdiction**: One of the two spouses must live in Arizona for at least 90 days before the filing of a Petition for Dissolution. Residency is required in order for the court to have jurisdiction. Once the petition is filed, there is a 60-day waiting period after service of process on the other spouse before any divorce can become final. In regards to legal separation, there are no residency requirements specified, and that action can be filed at any time after one spouse establishes residency within the state of Arizona. **Resolution Management Conference:** Courtroom meeting set by the court so the parties can meet the judge and discuss the case. The judge will want to meet if there are any settlements, stipulations, need for a parenting conference, conciliation, mediation or a trial date. If you do not have an attorney, you will have an Early Resolution Conference instead. **Resolution Management Statement:** A court-ordered form required to be filled out and filed with the court before the management conference. **Respondent:** The person who must file an answer to the divorce pleading. **Rules of Court**: Court procedures are controlled by rules. Family law is controlled by the Arizona Rules of Family Law Procedure (ARFLP). The ARFLP can also be supplemented by local county rules. The ARFLP can be found at the local law library or at: [http://www.supreme.state.az.us/rules/ramd\_pdf/R-05-0008.pdf](http://www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf). **Section or §:** Specific portion of the law. **Service of Process/Summons**: Once a Petition for Dissolution is filed with the court, the petitioner must have the summons and other required documents and notices served on the respondent. The best way to achieve service of process is to use a private process server. Once your spouse has been served, they must respond to the petition within 20 days, or the court may grant all relief you have requested (i.e. a Default Judgment). **Sole legal decision-making**: When only one parent has the right to make major legal decisions for the child. The sole legal custodian may not change the parenting time of the other parent without agreement. (See Legal Decision-making). **Spousal Maintenance**: Money paid by one married person to another for support after a divorce or legal separation. A.R.S. § 25-500: “‘Support’ means the provision of maintenance or subsistence and includes medical insurance coverage, or cash medical support, and uncovered medical costs for the child, arrearages, interest on arrearages, past support, interest on past support and reimbursement for expended public assistance. In a title IV-D case, support includes spousal maintenance that is included in the same order that directs child support.” **Statute**: A law passed by the state legislature (or adopted by initiative). Most code sections relating to family law are in Title 25 of the Arizona Revised Statutes (A.R.S.) and are available at the county law library or on the Internet at:[ www.azleg.state.az.us/ArizonaRevisedStatutes.asp.](http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp) **Stipulation**: A formal agreement of the parties. When it is written and signed by both parties and then approved by a judge, it becomes a court order. **Supervised Exchanges**: Pick-up and drop-off of the child in the presence of another specified adult. **Supervised Parenting Time**: Parenting time during which the parent and child must be in the presence of another specified adult. **TASC** or **Treatment Assessment Screening Center**: This is an organization devoted to drug and mental health assessment. According to their website at[ www.tascaz.org,](http://www.tascaz.org/) TASC has a state-of-the-art drugs of abuse testing laboratory onsite to provide the high-quality drug testing analyses. There are locations all over the Valley. **Temporary Orders**: Orders that can be entered by the court before the divorce is final. A motion must be filed and a hearing date is set. Evidence is provided to the court in a mini trial. It normally takes a couple of months to be heard by the court. **Therapeutic Supervision**: Supervision of parent-child contacts provided by a therapist. **Transition**: The adjustment time for parents and the child immediately before, during and after the exchange of the child between the parents or other caregivers. **Trial**: A formal hearing with witnesses and evidence. (*See* Hearing). **Uncontested Divorce**: The type of divorce where your spouse does not file a response to the Petition for Dissolution. This can either result in a Default Judgment, or they may have contacted you and simply entered into a Consent Decree/Marital Settlement Agreement, without any official fight or contest taking place in court. **Wage Assignment**: The process whereby child support or spousal maintenance is automatically taken from your check. Your employer pays this support payment directly to the state for distribution. **Virtual Parenting**: Parenting time facilitated by electronic means to supplement, but not replace, in-person parenting time. Examples include telephone calls, web cam, videoconferencing, instant messaging, online chatting, telephone texting, etc. **Visitation**: This term is no longer preferred. Instead, see Access, Parenting Plan or Parenting Time. **Categories:** CHAPTER 14: TIMEOUTS --- ### [APPENDIX B: RULES OF FAMILY LAW](https://www.bestlawaz.com/coach_book/appendix-b-rules-of-family-law/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** Rules of Family Law Procedures can be found online at [www.supreme.state.az.us/rules/ramd\_pdf/R-05-0008.pdf](http://www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf), but here are some of the most commonly used rules for your convenience. If you read the rules from the Internet, make sure you are reading the current year’s rules, because they change from time to time, usually in January. If you have any questions about your case, you should ask an attorney. Rule 40 (F) Service of Process, Voluntary Rule 41 (2) Service of Process by Certified Mail Rule 43 (D) Filing of Pleadings with the Court Clerk Rule 44 Default Decree Rule 45 Consent Decree Rule 47 Temporary Orders Rule 49 Disclosure Requirements Rule 66 Settlement and Alternative Dispute Resolution (ADR) Rule 67 Private Mediations, Settlement Conferences Rule 68 Conciliation Court Rule 69 Binding Agreements Rule 70 Settlement Rule 76 Resolution Management Conference (RMC) Form 8 Consent Decree **Categories:** CHAPTER 14: TIMEOUTS --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-2/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ##### **Can traditional document preparation services help me?** Document preparation services cannot provide you with legal advice. So, unless you know the law and the procedures, you could make some devastating mistakes by filling out forms without understanding your rights. Best Law Firm’s document preparation is conducted by an experienced attorney. ##### **How much does document preparation cost?** You may call our law firm to find out our current specials and prices. If you purchased this book, you are entitled to a discount on a package deal. ##### **How long does it take for document preparation?** We can finalize documents within 24 hours. ##### **How do I get a one-hour attorney consultation?** Just call our office at (480) 219-2433. We will meet with you as soon as possible, usually within 48 hours, if you are available. We make ourselves available: we know how much stress and anxiety you are feeling. We can also conduct legal consultations over the phone or by ZOOM, as long as a limited scope fee agreement is signed and an hourly fee is paid. ##### **Can I call for a telephone consultation?** We provide free 15-minute telephone consultations to go over our services and the general legal issues and processes involved in a divorce in Arizona. These phone calls do not give legal advice to you. You can receive legal advice by requesting a “meeting” (this can be in person, or by ZOOM or telephone) with an attorney, who will provide you with a limited-scope fee agreement for specific legal advice billed at an hourly fee. If you have any questions to begin with, please call our office at (480) 219-2433. ##### **What is a mediator?** A mediator is a neutral third party who can help you negotiate and resolve your divorce. Best Law Firm provides mediation services. ##### **Can a non-lawyer be a mediator?** Yes, but they do not always have the legal experience to know what really happens in a courtroom. Sometimes, parties are more eager to cooperate and negotiate when they recognize how nasty and unpredictable it is to litigate. ##### **Should my mediator be an attorney and practice law?** We think it helps a great deal when we mediate. We know what can and will happen in court with certain issues and with certain judges, but we also know that sometimes there is no predicting what the court will do with particular facts and issues. ##### **Can an attorney help me if I get stuck after trying to fill out the online forms?** Yes, you can make an appointment and meet with an attorney on an hourly basis. ##### **Are there pitfalls that I need to be aware of?** Yes, they are numerous. If you have questions, you should consult an attorney. ##### **Will the judge help me?** Judges are very good, but they are not allowed to give you legal advice. They do the best they can within their own limitations imposed by the court. ##### **Can I have an attorney and a mediator?** Yes, you can mediate with or without an attorney. ##### **Can a paralegal draft my documents?** Yes, but this can be dangerous. There are paralegals who offer this service, but they cannot give you legal advice, nor are they experienced in litigation to prevent certain mistakes and problems. ##### **How much does a mediator cost?** Mediators at Best Law Firm charge by the hour as your go. Our mediators charge $200-450 per hour. ##### **How much does it cost to have someone draft my documents?** At Best Law Firm, our prices vary, depending on the documents. You will know the price before the work is started. **Categories:** CHAPTER 2: PREPARING FOR THE “BIG GAME” --- ### [Do It Yourself](https://www.bestlawaz.com/coach_book/do-it-yourself/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** What exactly does it mean to go through your own divorce without an attorney? It means that you will file your paperwork, understand the rules and follow the law; just as if you were an attorney. That may sound a bit daunting at first, but not if you follow these step-by-step procedures. If controversy and arguments arise, do not despair: you may still be able to salvage your ability to go through this without an attorney by understanding and outlining your issues, and perhaps using a mediator. A mediator is a neutral third party who will visit with you and help you and your partner work out any disagreements that you are having as you go through this process. The court will also hold you to the standard of an attorney, so if you are going to do this without an attorney, learn the rules and procedures of the court so you are educated about what is going on. ## **Why Would You Want to do Your Own Divorce?** The simplest answer may be money: divorce attorneys are not cheap. Using your attorney as a sword to duel with your partner is very expensive. Actually, it is ridiculously expensive. So, if you and your partner have any inclination to work things out, and you most likely will be able to, you should try to do part, if not all, of your divorce yourselves. You may need help along the way, but that does not preclude you from doing much of it yourself. If you run into bumps, you can always use an attorney for a consultation in a limited scope representation or as a mediator. For instance, you can pay an attorney at Best Law Firm for one hour of time to give you legal advice and to advocate for you. Or, at our firm, you can hire an experienced mediator to avoid court. A mediator does not give legal advice or take sides, but is a paid neutral party who consults with you and your partner together. Having practiced family law in Arizona courts, we know you are better off if you can avoid a messy courtroom confrontation. ([See www.bestlawaz.com](https://www.bestlawaz.com/)). You can do your divorce yourself or with as much help as you want. You can do it spending as little or as much money as you decide. You can handle it with as much or as little conflict as you allow yourself to participate in. Let’s go through all the various options of handling a divorce, which include doing it yourself, using document preparation services, hourly legal consultations, mediation and of course, with lawyers. ## **Forms and Filing for Doing It Yourself** There are self-help forms at the courthouses and you can find them online at [superiorcourt.maricopa.gov](https://superiorcourt.maricopa.gov/)/. There are also explanations about these forms on that website. While a do-it-yourself divorce may work for some, it can be dangerous and disastrous for others. At a minimum, you should review the forms and the instructions and review this book. If you have some questions after reading this book, you might want to call Best Law Firm for an attorney consultation or to have someone fill out the forms for you for a flat fee. **Categories:** CHAPTER 2: PREPARING FOR THE “BIG GAME” --- ### [Document Preparation by an Attorney](https://www.bestlawaz.com/coach_book/document-preparation-by-an-attorney/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Another option in preparing for divorce is to have Best Law Firm draft your documents for a flat fee ([see www.bestlawaz.com](https://www.bestlawaz.com/)). If you are interested in this type of service, we provide potential clients with a Divorce Coach questionnaire and we can we can complete the necessary documents for filing pertinent to your specific situation, often within 24 hours. Our document preparation is handled by attorneys who understand the legal requirements of your case. Also, if you have any questions, you can call our office and speak with an attorney specifically about your case and your needs. A free consultation (up to one hour) comes with the flat fee package for your initial document preparation. Another option is to pay for hour long attorney consultations as needed. Note: once you consult with an attorney, that same attorney cannot act as a mediator in your case, because that would be a conflict of interest. Any case can be mediated, even though one or both parties has have an attorney. ## **Why Come to Us?** Individuals often come to us after trying to do it alone or after experiencing a court disaster. But some mistakes cannot be undone. It is easy to fall into the trap of thinking that you can handle your situation on your own. Do-It-Yourself forms make legal matters seem very simple. Unfortunately, there are many dangers to using these template legal forms. Because of the potential dangers, there are several reasons why people should come to an attorney to have their legal documents prepared: 1. You are held to the standard of an attorney when you deal with the legal system. 2. You simply do not know what you do not know, and not knowing can lead to costly mistakes that can haunt you for years. 3. You may think that you understand the forms, but you may not understand the legal significance of what you are doing and the long-term effects it can have. A form cannot anticipate future problems and provide protection. A form cannot counsel you about additional legal documents you may need. 4. Non-lawyers who prepare documents cannot give you legal advice, suggest strategies, or advise you about your rights. As experienced attorneys, we are able to provide the guidance you need to avoid problems. Our clients benefit from peace of mind, knowing an experienced attorney is preparing their legal documents and answering their questions, without the high costs associated with a lawyer who does everything. **Categories:** CHAPTER 2: PREPARING FOR THE “BIG GAME” --- ### [Children and Custody (Parenting Time and Legal Decision-Making)](https://www.bestlawaz.com/coach_book/children-and-custody-parenting-time-and-legal-decision-making/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Child custody is now referred to as “legal decision-making and parenting time.” “Legal decision-making” refers to who makes decisions regarding the children and “parenting time” refers to where the kids live and how much time they spend with each parents. Do not be confused by some of the court forms; “legal decision-making” and “parenting time” are two separate concepts. Decisions regarding legal decision-making and parenting time will both need to be addressed. Overall, you will need to determine how you and your spouse share decision-making, where the kids live at what times, how to split holidays, and who pays what for the children. These details are in Chapter 4, but rest assured, they can be worked out with parenting plans and honest discussions between the parents, always keeping the needs of your children paramount in your negotiations. There are as many parenting plans as there are families; you can be creative about what works for your family, remembering that a good spirit and flexibility will ensure that your children do not become the collateral damage of your divorce. In 2001, Maricopa County drafted Model Parenting Guidelines that are very[ useful (See www.superiorcourt.gov/sscdocs/pdf/drv10h/pdf).](http://www.superiorcourt.gov/sscdocs/pdf/drv10h/pdf) The court re-drafted new parenting guidelines, but they are not quite as helpful, because they omit all information about the developmental stages of children and how that interplays with their parenting schedules (see Chapter 4 and Resource Guide). ## **Joint Legal Custody (Joint Legal Decision-Making)** First, who makes major decisions for the children regarding their health, religion and education? Arizona law reads: “Joint legal decision-making means the condition under which both parents share legal decision-making and neither parent’s rights are superior, except with respect to specified decisions as set forth by the court or the parents in the final judgment or order.” ## **Sole Legal Custody (Sole Legal Decision-Making)** Sole legal decision-making means that one parent can make all the legal decisions for the child without the consent of the other parent. Some legal decision-making arrangements require the sole legal parent to consult with the other parent before decisions are made, but the sole legal parent can ultimately do what he or she thinks is in the best interest of the children. Courts generally will consider awarding sole legal decision-making to one parent if the other parent is deemed unfit – for example, because of alcohol or drug dependency, a new partner who is unfit, or charges of child abuse or neglect. If this is your situation, you should consider seeking the advice of an attorney. ## **Physical Custody (Parenting Time)** Parenting time is the scheduled time the parents are with their child. A variety of parenting time schedules can be set up by a family, and the schedules can be as different as the families who use them. Some popular parenting time schedules include alternating weeks or spending weekends and holidays with one parent and weekdays with the other. ## **Joint Physical Custody and Primary Physical Custody (Joint Parenting Time and Primary Parenting Time)** Joint Parenting Time means that the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal contact with both parents. The actual schedules that carry out this plan can vary with each family. Primary residential parent means that a parent has the child more than 50 percent of the time. When the child already lives primarily with one parent and has parenting time with the other, generally the parent with whom the child primarily lives will have primary parenting tme, with alternative parenting time for the other parent. Equal parenting time is not always a good idea, especially when the child is an infant or toddler. You can also decide to have a graduated parenting schedule if you have very small children at the time of your divorce. That allows the schedule to take into consideration a growing child’s changing needs. An equal parenting time plan works best if parents live near each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Joint parenting time has the advantages of assuring the children continuing contact and involvement with both parents and it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages, which include shuttling children around; serious negative effects on children if there is parental non-cooperation or ill will; and the expense of maintaining two homes for the children. Nonetheless, an equal parenting time plan might be the best option for children when both parents are in agreement and want to parent cooperatively. ## **Decision-making Thoughts** Do not let your children become your personal battleground! If you and your spouse are good parents, everything can be worked out. These admonishments do not apply to the parents who find themselves in the ugly predicament of dealing with domestic violence, child abuse, drug abuse or mental disorders. Those parents may need to fight to protect their children. This book and these comments are not directed to those tragic situations. Contact Best Law Firm or other experienced family law attorneys if you have any questions. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [APPENDIX E: END NOTES](https://www.bestlawaz.com/coach_book/appendix-e-end-notes/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** 1. A.R.S. §25-312 outlines the Arizona requirements for divorce. 2. Domicile means a party’s residence, but a temporary absence necessitated by business, occupation, or military service does not defeat residence. (36 A.L.R.2d at 763 (1954).) Page 105 in Practice Guide. 3. *From an article titled “After the Split” in the August 16, 1998 edition of The Kansas City Star MoneyWise section, written by staffer Gene Meyer, quoted by Diane Sollee on the Coalition for Marriage, Family and Couples Education,LLC (CMFCE) listserv* 4. [Moore, Marsha K., “Interest of the Child,” http://www.familyfriendpoems.com/family/poetry.asp?poem=1402,](http://www.familyfriendpoems.com/family/poetry.asp?poem=1402) 2006. 5. Best Interest Of The Child, Divorce Poems[ http://www.familyfriendpoems.com/family/poetry.asp?poem=1402#ixzz0uucg91jg](http://www.familyfriendpoems.com/family/poetry.asp?poem=1402&ixzz0uucg91jg) 6. [http://www.azcadv.org/domestic-violence-info/domestic-violence-fa/definitions-of-domes/top.](http://www.azcadv.org/domestic-violence-info/domestic-violence-fa/definitions-of-domes/top) 7. (US Department of Health and Human Services, Administration for Children and Families, Fact Sheet, April 2000) 8. (Bureau of Justice Statistics Report. *Intimate Partner Violence*, United States Department of Justice, May 2000. NCJ 178247) 9. (Sandra Graham-Bermann & Julie Seng, *Violence Exposure and Traumatic Stress Symptoms as Additional Predictors* *of Health Problems in High-Risk Children*, 146 J. of Pediatrics 309 (2005). 1. Sharmila Lawrence, National Center for Children in Poverty, Domestic Violence and Welfare Policy: *Research Findings That Can Inform Policies on Marriage and Child Well-Being* 5 (2002). 2. (American Bar Association, Judicial Subcommittee of the American Bar Association’s Commission on Domestic Violence, Judicial Checklist) 3. US Department of Health and Human Services, Administration for Children and Families, Domestic Violence Fact Sheet, 1998) 1. (“Battered Mothers’ Testimony Project: A Human Rights Approach to Child Decision-making and Domestic Violence,” Arizona Coalition Against Domestic Violence, June 2003.) 2. (Bergen, Issues in Intimate Violence, Sage Publications, 1998) 3. (Johnson, MP (2005) Apples and oranges in child decision-making disputes: Intimate terrorism vs. situational couple violence. Journal of Child Decision-making. 2(4) 43-52.) 4. (Kernic, M.A., Monary-Ernsdorff, D.J., Koespell, J.K., & Holt, V.L. 92005). Children in the crossfire: Child decision-making determinations among couples with a history of intimate partner violence. Violence against Women, 11, 991-1021) et al. 2005) 1. (Saunders, D. (2007, October). Child decision-making and visitation decisions in domestic violence cases: Legal trends, risk factors, and safety concerns. Harrisburg, PA: VAWnet, a project of the National Resource Center on Domestic Violence/Pennsylvania Coalition Against Domestic Violence. Retrieved 05/26/2009, from: http://www.vawnet.org) xviii (Bergen, Issues in Intimate Violence, Sage Publications, 1998) 1. (Zorza, Joan. “Batterer Manipulation and Retaliation: Denial & Complicity in the Family Courts.” 4 Feminista, (2001) <[www.feminista.com/v4n7/zorza.html](http://www.feminista.com/v4n7/zorza.html)> (4/24/03) 2. (Brown, Molly A. *Child Decision-making in Cases Involving Domestic Violence: Is it really in the “Best Interest” of* *Children to Have unrestricted Contact With Their Mother’s Abusers?* Journal of the Missouri Bar, November- December 2001) 1. (Jaffe, Peter, Ph.D. “Impact of Domestic Violence on Children and Families in Divorce.” Expose: The Failure of Family Courts to Protect Children From Abuse in Decision-making Disputes – A Resource Book for Lawmakers, Judges, Attorneys, and Mental Health Professionals, los Gatos: Our Children Our Future Charitable Foundation, 1999, 135.) xxii statistics/domesticviolenceanddecision-making/top .(“Battered Mothers’ Testimony Project: A Human Rights Approach to Child Decision-making and Domestic Violence,” Arizona Coalition Against Domestic Violence, June 2003. xxiii DC LOGO **Categories:** CHAPTER 14: TIMEOUTS --- ### [Uncooperative Spouses](https://www.bestlawaz.com/coach_book/uncooperative-spouses/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** If you have an uncooperative spouse and your divorce or legal separation is not moving along as smoothly as you think it should, it may be necessary for you to step back and allow your dissolution or legal separation to work itself through the court system. It may be better for you to spend your energy at the gym, with your children or doing something else you enjoy. This process is difficult enough, even when both spouses get along, so take some downtime and try to relax a little. *I have resolved that from this day on, I will do all the business I can honestly, have all the fun I can reasonably, do all the good I can willingly, and save my digestion by thinking pleasantly.* *–Robert Louis Stevenson **Categories:** CHAPTER 14: TIMEOUTS --- ### [Non-voluntary Dismissal of Dissolution or Legal Separation](https://www.bestlawaz.com/coach_book/non-voluntary-dismissal-of-dissolution-or-legal-separation/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** If, as a respondent, you receive a Notice of Lack of Service and Intent to Dismiss*,* you need to serve the other party. “Service” means that you deliver the papers to the other party through a process server or by having the other party sign a document to accept service. Your action could be dismissed without any further notice any time after if you do not take the steps listed below. 1. SERVE THE OTHER PARTY WITH THE COURT PAPERS AND FILE THE PROOF OF SERVICE. If you have served the other party, you must be sure that the proof of service has been filed with the clerk of the court at the filing counter immediately. If you need to obtain the form and instructions to serve the other party, go to one of the Self-Service Centers (see locations) or from the Self-Service Center website. 1. MOTION AND ORDER TO EXTEND TIME FOR SERVICE. You may file a motion to ask the judge for more time to serve the court papers before the court automatically dismisses your case. The order granting the extension must be SIGNED by the judge BEFORE the dismissal date indicated on the notice (download form). 1. VOLUNTARY DISMISSAL OF YOUR CASE. If you want to dismiss your case instead of waiting for the court to dismiss it, forms and instructions are available at Family Court Administration. You can also download the form and mail it to the court. Remember that you can contact Best Law Firm at any point for advice and help with your documents. An example of *Notice of Lack of Service and Intent to Dismiss* follows: The notice and intent to dismiss is sent to you if more than 120 days has passed from the date the petition was filed. Your case will be dismissed unless you take steps to prevent the dismissal. If temporary orders have been issued, THESE ORDERS WILL END WITH THE DISMISSAL of your action. If a paternity case has been dismissed and the parties have agreed to paternity and now have temporary orders for support, decision-making, etc, you may not have a final order of paternity. Temporary orders for support, decision-making, visitation, etc., will also end. If you do not want your action dismissed for lack of prosecution, you must do one of the following: - Submit a final decree/order and have it signed by a judge or commissioner prior to the dismissal date. - If a response has been filed, file a proper motion to set your case for trial or conference. - If a response has not been filed, a proper default hearing must be scheduled by calling 602-372-3332 or online at [www.superiorcourt.maricopa.gov/ezcourtforms/dod/060101.asp](http://ecourt.maricopa.gov/) - If you need more time to complete your case, you must file a motion to ask the judge for additional time. The judge must sign the order granting your motion prior to the dismissal date listed on the notice. **Categories:** CHAPTER 14: TIMEOUTS --- ### [Voluntary Dismissal of Dissolution or Legal Separation](https://www.bestlawaz.com/coach_book/voluntary-dismissal-of-dissolution-or-legal-separation/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** If you are the petitioner and service has not been completed, you can submit a Notice of Dismissal. If service has been completed you can file a Motion to Dismiss your divorce. If both of you agree to dismiss your divorce, you can submit a Stipulation to Dismiss your divorce. You can pick up the form from the Self Service Center or you can download the form, complete it, and return it to the court. You will need to determine which form you will need. **Categories:** CHAPTER 14: TIMEOUTS --- ### [Reconciliation](https://www.bestlawaz.com/coach_book/reconciliation/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** At any time along the divorce or legal separation process, reconciliation may be an option. If you and your spouse decide to reconcile after dissolution documents have been filed, you can ask the court (with the signatures of both of you) to dismiss your action because you have reconciled. As you may know, there is a sixty (60) day waiting period from the time one party is served with the initial documentation until a judge will sign a decree. This period of time is a “cooling off” period. The court recognizes that reconciliation may be an option in some circumstances, and because that is the case, you can request that the court either dismiss your case or put it on the inactive calendar. Ultimately, it is up to the court to do either. If the court dismisses your case for one reason or another, you can re-file your dissolution/legal separation documents at any time. Please be advised that you will need to pay a new filing fee. **Categories:** CHAPTER 14: TIMEOUTS --- ### [Conciliation Services](https://www.bestlawaz.com/coach_book/conciliation-services/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** Conciliation Services is one part of the Maricopa County Superior Court. According to Maricopa County Superior Court’s website, Conciliation Services provide the following: - Conciliation counseling for parties contemplating divorce. - Mediation of child decision-making and parenting time plans for families of divorce, post-divorce or paternity actions. - Evaluation services to the court when parents are unable to agree upon a parenting plan. - Parent Information Program, providing information to divorcing parents, or parents involved in other domestic relations actions, concerning what their children may be experiencing during this emotionally difficult period. - High Conflict Resolution Class, designed specifically for high conflict parents. - Premarital underage counseling for persons under the age of 16 contemplating marriage.xxiii **Categories:** CHAPTER 14: TIMEOUTS --- ### [Orders of Protection](https://www.bestlawaz.com/coach_book/orders-of-protection/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** There are four different types of Orders that may be filed: Order of Protection, Emergency Order of Protection, an Injunction Against Harassment and Injunction Against Workplace Harassment. Relevant orders pertaining to domestic violence are the Order of Protection, Emergency Order of Protection or an injunction Against Harassment. **Order of Protection** Protection Orders are orders prohibiting a specific person from making contact with you such as coming near your home, school, workplace, or other locations listed on the Order of Protection. Orders are based on the relationship you have with the party you are seeking protection from. Orders of Protection can be issued by any court in Arizona, regardless of the location of the plaintiff and defendant. They must be served by a police officer, deputy sheriff or process server. They can be issued either *ex parte* (with only one person present) or after a hearing. Both are good for one year after service on the defendant. Only the judge can terminate or change them. The purpose of an Order of Protection is to restrain another person from committing an act of domestic violence, as defined in A.R.S.13-3601A, prohibit a defendant from coming in contact with you, and provide you with some legal recourse if the person served with a protective order violates the order. To be granted an order, you must be one of the following: 1. The relationship between the victim and the defendant is one of marriage orformer marriage or of persons residing or having resided in the samehousehold. 2. The victim and the defendant have a child in common. 3. The victim or the defendant is pregnant by the other party. 4. The victim is related to the defendant or the defendant’s spouse by blood orcourt order as a parent, grandparent, child, grandchild, brother or sister orby marriage as a parent-in-law, grandparent-in-law, stepparent, stepgrandparent, stepchild, step-grandchild, brother-in-law or sister-in-law. 5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant. 6. The relationship between the victim and the defendant is currently or waspreviously a romantic or sexual relationship. The following factors may beconsidered in determining whether the relationship between the victim andthe defendant is currently or was previously a romantic or sexualrelationship: (a) The type of relationship. (b) The length of the relationship. (c) The frequency of the interaction between the victim and the defendant. (d) If the relationship has terminated, the length of time since the termination. To obtain an order of protection, proceed to your local courthouse. There is a video online at:[ http://www.azcourts.gov/domesticviolencelaw/Home.aspx](http://www.azcourts.gov/domesticviolencelaw/DomesticViolenceInformation.aspx) for you to obtain further information about filing for an Order of Protection. In the Northeast Courthouse, for example, there is a Domestic Violence Center, adjacent to the filing windows. As you enter the center, an employee will direct you to a computer to file your petition for the Order Of Protection. (You may request that information regarding your current address, phone number and employment be kept confidential and not be disclosed to the defendant.) The petition asks you a number of questions, including your name, address, the defendant’s name and address, and whether you have any children together. Most importantly, you will have the opportunity to write and explain three (3) instances when you have been the victim of domestic violence at the hands of the defendant. You may also request that information regarding your current address, phone number and employment be kept confidential and not be disclosed to the defendant. Keep in mind that an Order of Protection does not take effect on the person until the Order is both entered and legally served on the person against whom protection is sought. This means the defendant is officially notified of the legal restrictions placed on him or her. **Emergency Order of Protection** If you need emergency relief on weekends, at night or on legal holidays you may need an Emergency Order of Protection. If needed follow the following steps: 1. Contact your local law enforcement agency and file a complaint. 2. Law enforcement will review the situation and determine whether a domestic violence situation exists. 3. After the police officer obtains information, he or she will contact the Initial Appearance Court. 4. The Court will then determine if there are reasonable grounds to believe that the person seeking the Order is in immediate and present danger of domestic violence. 5. If the court finds immediate danger exists it will authorize the officer to issue an Emergency Order of Protection. 6. The officer will obtain a file number and then serve the Order on the defendant. 7. Important: The Emergency Order of Protection is **valid only until 5:00 p.m.** **the next business day** and that person obtaining the Order must go to Court and request an extension of the Order. If the Court is closed for business, Emergency Orders of Protection are granted by a judge in writing, verbally, or telephonically to protect a person who is in imminent danger of domestic violence, and available from local law enforcement agencies. If this is not an imminent situation, contact the local law enforcement agency’s non-emergency number. **Categories:** CHAPTER 13: FOULS AND PENALTIES --- ### [Domestic Violence](https://www.bestlawaz.com/coach_book/domestic-violence/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** *Nobody believes that domestic violence kills and nobody believes it is detrimental to children. This world has got to wake up. To me, if there is domestic violence, if the children see it or hear it, that to me is detrimental. Batterers should not have rights to children.* *~Denise Brown (sister of the late Nicole Brown-Simpson)* Sadly, domestic violence has invaded homes across America. When domestic violence has seeped into a couple’s relationship or the family as a whole, the members of the family must be on guard throughout the pendency of the dissolution proceedings. This is not the time to make excuses for the offending spouse; this is the time to admit the past abuse for what it was: intolerable and inexcusable. If you believe that the offending spouse will re-offend or has re-offended, it may be necessary for you to obtain an Order of Protection, an Injunction Against Harassment, or an Emergency Order of Protection if the court is closed for business. ## **Impact of Domestic Violence on Children** Often, families are under the misconception that if it is only the parent being battered by the offending spouse (not the children), then the abuse is confined to the abused parent. This is not the case. Domestic violence in a home with children will impact their lives forever. The following facts demonstrate the need for parents, families, communities and the courts to take domestic violence against a spouse seriously. Children whose mothers are victims of wife battery are twice as likely to be abused themselves, as compared to those children whose mothers are not victims of abuse.vii In about 43 percent of households where intimate partner violence occurs the couples have children under the age of 12.viii A recent study of low-income, pre-school children in Michigan found that nearly half (46.7 percent) of the children in the study had been exposed to at least one incident of mild or severe violence in the family. Children who had been exposed to violence suffered symptoms of post-traumatic stress disorder such as bed- wetting or nightmares, and were at greater risk than their peers of having allergies, asthma, gastrointestinal problems, headaches and flu.ix Battered women are not the only victims of abuse–it is estimated that anywhere between 3.3 million and 10 million children witness domestic violence annually. Research demonstrates that exposure to violence can have serious negative effects on children’s development.x At least 85 percent of children who live in violent homes are eyewitnesses, attempt to intervene, and/or experience the violence from behind closed doors.xi When children witness violence in the home, they have been found to suffer many of the symptoms that are experienced by children who are directly abused.xii In spite of evidence of violence against women and/or their children, the courts consistently ordered sole or joint decision-making to perpetrators in 74 percent of the cases in Maricopa County and 56 percent of the of the cases in the other counties combined.xiii ## **The Impact of Domestic Violence on Decision-making Determinations** Although courts should consider evidence of domestic violence at every point in decision-making and visitation negotiations, there is no guarantee that judges will do so. Women often report that violence plays a significant role in divorce proceedings, specifically regarding the issues of decision-making, visitation and child support.xiv Partner violence is a factor in anywhere from a third or a half of the cases where decision-making is disputed.xv In disputed family court cases, somewhere between 15 percent and 25 percent show substantiating evidence of physical abuse, such as prior arrest, criminal court finding or court order.xvi Many abusers appear to use the legal system to maintain contact and harass their ex-partners, at times using extensive and lengthy litigation.xvii Many women compromise on their demands for resources during divorce negotiations for fear of losing decision-making of their children.xviii In cases of domestic violence, fathers who contest decision-making win sole or joint decision-making up to 70 percent of the time.xix Joint decision-making precludes separation between a victim and her abuser, because the parents must transfer children and have joint decision-making. This ongoing communication provides excessive, yet legally required, opportunities for the batterer to continue his abuse.xx Courts seem to ignore abuse and privilege the father-child relationship despite the danger, concluding that father estrangement is more traumatic to children than paternal abuse and giving decision-making of the children to the abuser.xxi In spite of evidence of violence against women and/or their children, the courts consistently ordered sole or joint decision-making to perpetrators in 74 percent of the cases in Maricopa County and 56 percent of the cases in the other counties combined.xxii **Categories:** CHAPTER 13: FOULS AND PENALTIES --- ### [Alcohol, Drug Use and TASC Program](https://www.bestlawaz.com/coach_book/alcohol-drug-use-and-tasc-program/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** Children are at an increased risk for abuse or neglect as well as physical, academic, social and emotional problems when parents abuse illicit or prescription drugs and alcohol. Substance abuse can lead to chaotic and unpredictable home environments. Regardless of whether a parent has primary or joint parenting time with their child, using drugs or alcohol may lead to possible maltreatment, abuse, neglect or hinder the lives of the child. For these reasons, when awarding parenting time or legal decision-making authority, the Family Court strives to ensure that the best interests of the child are being met. Abusing drugs and alcohol, or being convicted of any drug offense may prevent a party from obtaining unsupervised parenting time or legal decision-making authority. A.R.S §25-403.04 governs this issue. Within twelve months before the petition or the request for legal decision-making or parenting time is filed, if the court determines that a parent has abused drugs or alcohol or has been convicted of a drug offense there is a rebuttable presumption that sole or joint legal decision-making by the offending parent is not in the child’s best interests. The best interests of the child weigh heavily on the court’s decision for determining parenting time or decision-making. To conclude whether a party has rebutted the presumption, the court will consider a minimum of **three factors**: 1. the absence of any conviction of any other drug offense during previous five years 2. results of random drug testing for a six month period, 3. results of alcohol or drug screening provided by a facility approved by the department of health services. The court will designate the frequency of testing and appoint responsibility. Generally, the appointment of a Parenting Coordinator is provided, as afforded by Rule 74 of the Arizona Rules of Family Law Procedure. The Court may also refer the abusing or offending parent to the Treatment Assessment Screening Center (TASC) Diversion Program to be assessed for drugs or alcohol. TASC may provide hair follicle or urine tests to assess a parent. Most often, the accused party is responsible for paying for the fees associated with the testing. It may cost anywhere between $100 and $2000 depending upon the test method selected and frequency of the random tests. TASC has several screening panels. Screen “A” tests for a full spectrum of 9 different drugs. It consists of Alcohol, Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Opiates, PCP, Propoxyphene and THC. Screen “B” tests for the most commonly abused street drugs, which consist of Amphetamines, Cocaine, Opiates, PCP and THC. Prescription drugs are also tested for abuse in Screen “C”. These drugs include Barbiturates, Benzodiazepines, Opiates and Propoxyphene. However, single drug abuse may be tested if there is an accusation of one particular drug including the drugs previously mentioned, ecstasy, spice and bath salts. Another tool is used within the Family Courts to assess whether a parent is abusing alcohol or to discredit a false claim of alcohol abuse. This is called Secured Continuous Remote Alcohol Monitoring or SCRAM bracelet. This is an ankle bracelet that continuously monitors the use of alcohol transdermally, or on the skin. It is worn 24/7, weighs approximately 8 ounces and is strapped around the ankle. There is a modem with the device that plugs into any telephone LAN line. The bracelet detects how much alcohol is consumed and when about every half-hour. SCRAM bracelet tests ethanol vapor emanating from the skin’s surface. The amount of ethanol on the skin is converted into blood alcohol content called transdermal alcohol content (TAC) which is downloaded remotely. Reports from the device are recorded and used to determine if there is a violation of alcohol use or abuse. This method is also costly, at about $75 for the sitting fee and $360 per month. The results of these assessments may lead to a referral to a parent awareness class, child custody and divorce substance abuse evaluation, future random testing by TASC or the removal or reinstatement of parental rights such as parenting time or legal decision making. These issues regarding alcohol, drug use and the TASC Program are very difficult to explain in this section alone. This is not to be a substitute for legal advice. It is imperative to contact an experienced Family Law Attorney at Best Law Firm to help explain and assess your particular situation. **Categories:** CHAPTER 13: FOULS AND PENALTIES --- ### [The Decree](https://www.bestlawaz.com/coach_book/the-decree/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** There are three types of decree: consent, default and judicial. A **Consent Decree** is a decree of dissolution by consent (agreed upon) and a **Default Decree** is a decree of dissolution in which one party does not respond to the filing. If a court makes the decisions for you and your spouse, they are drafted into a decree that is neither by consent or default, but a **Judicial Decree**. A court will put all these issues into a “minute entry” and that becomes the decree. If one party has an attorney, the court will often draft the issues into a minute entry and ask one attorney to put the results into a decree. Consent DecreeDefault Decree(Judicial) DecreePetitioner files documents with the Court (6-8 documents)XXXPetitioner serves the other spouseXXXNo Response from spouseXPetitioner files Application for DefaultXRespondent spouse files a ResponseXXSpouses agree to the terms of their decreeXSpouses cannot agree to the terms of the divorce and must have a trial X## **Consent Decree** A consent decree is the final document that the judge or commissioner signs that officially divorces a couple. That consent decree cannot be filed until the 60 days have passed since the service of the petition. Do not submit your decree to the court before the 60 days have passed, because they will return it to you; they usually will not hold it. You and your spouse have to provide your notarized signatures on the Consent Decree to indicate that you have agreed to all the terms that are in the decree. This is legally binding, so be sure you read and understand each and every sentence and the legal significance of the agreements. If you have children, you cannot get your decree signed by the judge/commissioner until you have attended the Parenting Information Class and have filed your Certificate of Attendance with the court clerk, so that it shows up in your file. If you do not understand something in your decree language, do not sign the decree until you do. In order to prepare a consent decree, the parties need to have agreed as to all aspects of this dissolution or separation. The following issues should be determined and integrated into your decree, so that when your divorce is finalized (the decree is signed by the judge), you are completely finished and all of the issues have been discussed and explained in writing in the decree. When entering into a Consent Decree, the following issues should be decided: 1. Legal decision-making of children and parenting time 2. Child support of children 3. Spousal maintenance 4. Attorney’s fees, who pays, if either party 5. Division of all personal and real property 6. Division of retirement or pension benefits, including future benefits (may need a qualified Domestic Relations Order expert–see Ch 6) 7. Provisions as to health insurance for children 8. Provision for children’s medical care uncovered by insurance 9. Payment of debts 10. Payment of federal taxes during year of divorce and after 11. Integrated or severable provisions 12. Incorporation and merger into the decree 13. Execution of conveyances ## **What documents need to be completed to ask for a Consent Decree?** The following paperwork is required to be signed and notarized by all parties when submitting a consent decree: - Original Consent Decree of Dissolution/Final Orders and two (2) copies - Two (2) self-addressed stamped 9-by-12-inch envelopes For cases with children you will also need: - Original Parenting Plan and two (2) copies - Original Child Support Worksheet and two (2) copies - Original Child Support Order and two (2) copies - Original Order of Assignment and two (2) copies - Judgment Data Sheet - Original Parent Information Program Certificates or conformed copies ## **Default Decree** A Default Decree can be obtained when only one party has been involved in the divorce proceeding. For instance, if you are the petitioner and your spouse does not answer the petition and he or she is not cooperating, you can still get divorced; you will need to file a Default Decree. Sometimes, spouses will decide that one person files and the other does not answer in order to save the answer filing fee. If you do this intentionally, you must file a Default Decree and show the court that the other side has notice of the divorce by being served with the petition and all the other papers. In a Default Decree, you can draft what you want for the division of property and for the decision-making of the children, but the court has the final say to make sure it is equitable, even though it is a default. ***How can I get a default hearing?*** If service has been proper and no response was filed, you may be able to get divorced by default. See how to file for default: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc\_drdc8.asp If you want to set a default hearing, you must complete the Application and Affidavit of Default and file it with the clerk of the court. You must be sure service of the petition was complete, and that the other party did not file a written response or answer with the court. At the time you file the Application and Affidavit of Default with the clerk of the court, make sure you have two (2) copies of the Application and Affidavit of Default date-stamped by the clerk. You must mail or hand-deliver one copy to the other party the day that you filed the Application and Affidavit of Default with the clerk of the court. After you have given the other party a copy of the Application and Affidavit of Default, you must wait 10 court days. If the other party still does not file a written response or answer in 10 court days, you may be able request a default hearing date. To request a default hearing in Maricopa County, call 602-372-3332. ##### **You will be asked the following questions (on the next page) before your hearing can be set:**   **Categories:** Chapter 12: THE END—THE DECREE --- ### [After Court](https://www.bestlawaz.com/coach_book/after-court/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** *The only way to overcome is to hang in. Even I’m starting to believe that.* *~Dan O’Brien* After your first hearing, it is important to take a break and try to relax. Family law matters are usually full of stress that is compounded when the parties go to court. Settlement negotiations can help manage that stress. If you and your spouse are able to reach agreements, you can file a stipulated decree with the court before your actual trial date. If the court accepts your decree, your trial date will be vacated. If you file your decree within days of your trial date, be sure to call your judge’s judicial assistant and let them know what you are doing, so they can clear their calendar. A list of the judges and their office telephone numbers can be found at: http://www.superiorcourt.maricopa.gov/JudicialBiographies/index.asp. Judges encourage settlement and will be pleased to know that you and your spouse were able to come to agreements on your own. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [In the Courtroom](https://www.bestlawaz.com/coach_book/in-the-courtroom/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** The next scenario is likely if one party or the other has an attorney and you are attending a Resolution Management Conference. Remain in your seat until the court clerk announces, “All rise.” At that time, the judge enters the courtroom and tells everyone to be seated. (Every time the judge comes in or out of the courtroom, you will be requested to stand and told when to sit back down). When the judge is seated, the judge will turn on the recording system in the courtroom. This recording system and the microphone that you have at your table are extremely sensitive. It often picks up whispering. The clerk may swear in the parties before the judge enters the courtroom. The judge will then announce your case number and your name. He or she will ask the petitioner to identify him or herself first. When this occurs, you can sit or stand, but be very polite and announce your name. The dialogue will sound something like this: Judge: “We are here in the matter of Smith v. Smith, matter number FC2010-000000. Please state your name for the record.” Petitioner: “Good morning your honor. I am Jill Smith and I am representing myself.” Respondent: “Good morning your honor. I am Attorney Matlock and I represent Jack Smith.” The judge will then introduce the matter and ask one party the status of your case. A typical dialogue at the Resolution Management Conference may sound something like this: Judge: “Have any agreements been made by the parties?” Petitioner: “Yes, your Honor. We have agreed to joint legal decision-making, but have not agreed on a parenting schedule yet.” Judge: “Do you agree to that, respondent?” Respondent: “Yes, I agree to joint legal decision-making of our children.” Judge: “Let the record reflect that these parties have stipulated to joint legal decision-making of their minor children. Have you been able to reach any other agreements?” Petitioner: “No, we have not your honor.” If there are other issues that you would like the judge to hear at this time, make sure that you tell the judge. This is your first opportunity to be heard and it is helpful to inform the court of issues in your case. For example, it may be necessary for you to inform the court that your husband moved out of the house three (3) months ago, you each have a car to drive, your husband is paying half the mortgage, your husband is providing you $350.00 per month for the two (2) children, and he sees the kids whenever he wants. The judge will then look at your spouse to see if that is an accurate reflection of your situation. This is your time to be quiet. Do not interrupt. Take notes if you do not like something your husband says, so you can tell the judge when it is your turn again. Again, do not interrupt your spouse or the judge. This dialogue about the issues you brought up may go back and forth between you and the judge and between your spouse and the judge. Do not respond directly to your spouse; respond to the judge who asked you the question. If during this time, you and your spouse can agree to certain terms for your dissolution or legal separation, the judge will then make orders on all your agreements. The judge will dictate them to the court clerk and they will be provided in a minute entry. The minute entry may read something like this: *After discussion both parties advise the Court that they have reached partial agreement on the issues, which agreement is more fully set forth on the record and can be generally summarized as follows:* - *The parties agree to permanent joint legal decision-making* - *Mother shall be designated as the primary residential parent* - *Mother shall have exclusive use of the marital residence located at Cactus Avenue* - *The parties shall drive the vehicle currently in his/her possession* *Petitioner and Respondent both testify that they have heard and understood the agreement as dictated in the record in open court, and that this is, in fact, their agreement.* *THE COURT FINDS that the agreement entered into between the parties is not unfair, and is reasonable, and is in the best interests of the parties’ minor child(ren).* *IT IS ORDERED approving the agreement of the parties as a binding agreement pursuant to Rule 69, Arizona Rules of Family Law Procedure, to be included in the final Decree entered herein.* *The Court finds that the minor children who are the subject of this action lived in Arizona with a parent, or a person acting as a parent, for at least six consecutive months or more prior to the commencement of this action, or at least from the time of birth of the child until this action was commenced, such that Arizona is the home state of the children vested with jurisdiction to make a child decision-making determination pursuant to A.R.S. § 25-1031(A)(1).* *The Court finds that joint legal decision-making is in the best interests of the parties’ minor children.* *IT IS FURTHER ORDERED awarding the parties joint legal decision-making of their minor children,* *The parties have two minor children, Flynn, date of birth: September 20, 2000, and Rosie, date of birth: February 28, 1997.* *Mother is designated as primary residential parent and the minor children shall reside with Mother at all times except for access time specifically provided to Father.* *IT IS ORDERED the parties are referred to Conciliation Services for Mediation of child decision-making and/or parenting-time issues, as appropriate. The parties shall comply with all instructions and directives issued by Conciliation Services.* *IT IS FURTHER ORDERED that each party is directed to immediately go to Conciliation Services and complete necessary forms following this hearing. This Court has contacted Conciliation Services and set the Mediation for* ***September 4, 2016 at 1:30 p.m.*** *in Conciliation Services.* This Rule 69 agreement becomes a court order that will be very difficult to change later. Be clear on what you want and what you will agree to before you set foot into the courtroom. If you are not sure about the terms of the agreement, ask the judge before the orders are entered. After the agreements have been made, the judge will then set a trial date and ask you how much time your case will take. The court typically sets trials for one to three hours, and you will get one-half of that time to present your side of the case. If you need more time than that, you will need to ask your judge. The more time that you need for your trial will dictate when your case will be heard. It is easier for courts to schedule two- hour trials into their schedules than six-hour trials. You are likely to get your case heard more expeditiously if you ask for two hours, rather than six hours. Before the court ends your hearing, he or she will ask if there is anything else to discuss. This is the time to ask any questions or present issues that you have. If the court does not ask this, politely inform the court that you have other issues to be heard. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [When You are in the Courtroom and Your Case is Called](https://www.bestlawaz.com/coach_book/when-you-are-in-the-courtroom-and-your-case-is-called/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** Courtrooms can be intimidating places if you have never been in one before. One important question you may be asking is, “Where do I sit”? Here is the rule of thumb. If you are the petitioner in your action, you sit at the “counsel table,” closest to the jury box. The counsel tables are the two tables beyond the low swinging door. Obviously, if you are the respondent you sit at the counsel table furthest from the jury box. If there is not a jury box, or the judge is in the middle of the courtroom, see if there are any labels on the tables. Many judges have helped *pro per* (without attorney) litigants by labeling the tables. Also, only you and your attorney may sit at the counsel table. It might be helpful to have friends and family attend hearings with you, but they must sit behind the railing in the “gallery.” Remind your friends and family that their actions reflect upon you. Tell them to be on their best behavior. They should not speak or whisper, make noises or sighs. It is surprising what judges are able to hear up on the bench. Remind your friends that food and drinks are not appropriate for the courtroom. Turn off your cell phone and do not answer it or text message during your hearing! And, under NO circumstance should you bring your child to court or the courtroom. There are very few exceptions to this rule. If a judge sees your child, the judge will immediately ask that the child be removed from the courtroom and will likely get very upset that you decided to bring your child into such an environment. This will not reflect positively on your parenting skills. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [What to do with the Documents the Court Requests](https://www.bestlawaz.com/coach_book/what-to-do-with-the-documents-the-court-requests/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** As stated, the court may request that you submit certain materials to the court or the opposing side prior to your court date. If you are required to send documents to your spouse: 1. Collect all of the documents 2. Draft a list of the documents you are providing to your spouse 3. Make a copy of all of the documents and the list for your records 4. Mail the documents and the list to your spouse or their attorney, if they are represented. You do not mail the documents to the court, but you might bring them to court with you. If you are required to file a pleading (e.g., Resolution Management Statement) with the court: 1. Draft and fill out the requested pleading 2. Sign (and notarize if required) the pleading 3. Make three (3) copies of the pleading 4. Bring all four pleadings (the original and three copies) to the court clerk to file 5. Put one of the copies in the judge’s box. If you are unsure where the judge’s box is, ask at the information desk 6. Mail one copy of the pleading that you filed to your spouse or his/her counsel 7. Keep one copy of the pleading for your records If you are required to provide documents (e.g. exhibits) to the court: 1. Collect all of the documents that the court requires 2. Draft a list of the documents you are providing to your spouse 3. Make two (2) copies of all of the documents and the list for your records (one of the copies will be given to the court, one copy will be given to your spouse or attorney and you will keep one copy) 4. Take the documents to the assigned courthouse. If you are providing exhibits, you should give them to the court clerk or put them in the judge’s box. Exhibits are not filed with the court 5. Mail the documents and the list to your spouse or his/her attorney if he/she is represented 6. Keep one copy of the pleading for your records **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [Preparing for Court](https://www.bestlawaz.com/coach_book/preparing-for-court/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** *A good hockey player plays where the puck is. A great hockey player plays where the puck is going to be.* *~Wayne Gretzsky* To begin, you must know why you are going into court. The best way to determine this is to read the court’s “minute entry.” A minute entry is the court’s information and ruling memo that should be mailed to the address you have on file with the court. You are also able to find the minute entries in your case on the Internet at [http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp.](http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp) The minute entry will likely request that you do certain things prior to your court date. Follow the court’s instructions! For example, if the minute entry asks you to give your spouse or their counsel certain documents, do so. Whatever the court instructs you to do, do it! Another example is that prior to a resolution management conference or early resolution conference, as discussed in Chapter 9, you will be requested to fill out and file with the clerk of the court your resolution statement. Essentially, this statement is a comprehensive list as to what you would agree to in order to settle your case. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [Before Heading Into the Courtroom](https://www.bestlawaz.com/coach_book/before-heading-into-the-courtroom/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** Most importantly, be on time! There is nothing that will annoy a judge more than tardiness. If an emergency arises and you know you will be late, we recommend that you call the court to let them know exactly what is going on. First, know which courthouse you are assigned to. Please refer to Appendix D for a list of the four courthouses in Maricopa County and other county courthouses. There are judges with the same last names at different courthouses. Also, make sure that you know which court personnel or judge you are going to see. If you are unsure which judge or courthouse location you are assigned, you may check your paperwork or case status at: [http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp.](http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp) When you get to the courthouse, see the directory of judges’ names posted outside of their courtrooms. Once you reach the courtroom, read the signs outside the door of the court. Some judges ask that you buzz in on an intercom to let the clerk know that you have arrived. The location of the intercom is on the sign that tells you to call into the court. If you head into the courtroom prior to your scheduled time, be quiet, because there is likely another case ahead of yours. The courts are very busy these days and they try to fit many hearings into one day. This is why it is helpful if you are not distracting to the judge, the court staff or the other litigants when you enter the courtroom. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [Dress the Part](https://www.bestlawaz.com/coach_book/dress-the-part/) **Published:** December 23, 2022 **Author:** Cindy Best **Content:** You want to be taken seriously when you are in the courtroom, right? First, dress the part. When you see a judge in court, you want to present yourself so that the judge knows this is a very important matter to you. We always request that our clients show up to court looking professional. Women should dress nicely, with either a suit or other dressy clothes. We often tell our clients to dress like they are going to church. Do not wear jeans, low-cut blouses or shorts. As for shoes, do not wear flip-flops or tennis shoes; nice sandals or heels are fine. Men should wear a suit with a tie. While we know you may not even own a suit, your court hearings are important and you want to start out with a good impression. If you absolutely cannot get or borrow a suit, we recommend nice pants with a blazer or sport coat and tie. Again, men should not wear jeans, sweatpants, jogging suits or shorts. As for men’s shoes, do not wear flip-flops, sandals or tennis shoes. **Categories:** CHAPTER 11: PLAY BALL! GOING TO COURT --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-8/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ##### **What is mediation?** Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms, with the assistance of an impartial mediator. ##### **How much does mediation cost?** On average, mediation can cost approximately 10% of the total cost in a typical litigation. The parties can share those costs any way they can agree, but the fees are usually split 50/50. At Best Law Firm, parties can pay by the hour, in a step- by-step process. ##### **Does mediation cost less than two attorneys?** Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. ##### **How will the costs be determined or divided between the parties?** The parties can decide how to divide the cost of the mediation. ##### **What paperwork must be filed with the court to complete the mediation process?** No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the State of Arizona Support Payment Clearinghouse. ##### **Where does this paperwork get filed?** Best Law Firm also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court. ##### **Can I be divorced after mediation?** You can only be divorced after the required documents are filed with the court and a judge signs a decree. ##### **Can the mediator also act as my attorney?** No, a mediator cannot act as both your mediator and your individual attorney, because that would create a conflict of interest. If you would like an attorney to represent you individually to handle your case, you may visit our website at[ www.bestlawaz.com.](http://www.bestlawaz.com/) Once an attorney becomes your mediator, he or she cannot represent either party because that would be a conflict. ##### **What legal effects does mediation present?** Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process. Binding: Mediation is binding only if both parties reach an agreement, it is in writing and it is signed by both parties. ##### **How long does the average divorce take in the litigation process?** In the Phoenix area, the average divorce proceedings take 6-12 months. ##### **Can I still have an attorney if I mediate?** Yes, retaining individual counsel is an option; however, it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation. ##### **If I’ve already filed for divorce, can we still mediate?** Yes, mediation is an option for parties even if they have already filed for divorce. Parties may decide litigation is not cost-effective, or that with the help of a third party, they can resolve their issues without the long, expensive litigation process. ##### **When is mediation successful?** Mediation is successful when both parties are active, willing and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to each other. ##### **Who will prepare the mediation agreement documents?** Best Law Firm provides document preparation services, including Rule 69 agreements (Memorandum of Understanding) that memorialize the parties’ agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans and property settlement agreements to finalize your case. ##### **What if we cannot make an agreement?** If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules. ##### **Are there areas of family law that cannot be mediated?** Substance abuse and domestic violence are issues that are not generally suitable for mediation. ##### **What are some helpful personal documents to bring into mediation?** All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49. ##### **What is special about Best Law Firm?** We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves. **Categories:** CHAPTER 10: MEDIATION --- ### [Hypothetical Cases](https://www.bestlawaz.com/coach_book/hypothetical-cases/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** In Arizona, family law cases generally fall into two categories: parties who are taking their family law case to court for the *first time* (also known as “pre-decree” matters, such as the initial divorce) and parties who are *returning* to court, usually to enforce or modify prior court orders (also known as “post-decree” or “post- judgment” matters, such as changing parenting time or for enforcement of support). **Divorce or Dissolution Hypothetical: David and Christina** Hypothetically, let’s discuss the situation with David and Christina, who have been married for 12 years and have two children, DJ, age 10, and Eliza, age 6. David has been employed as a computer technician for most of the marriage and Christina is a teacher who has her summers off. They bought a house eight years ago and the mortgage is $1,200 per month. David moved into a small apartment three months ago. Christina also inherited $18,000 from her uncle Huck three years ago that she used to buy her car, a Volvo SUV. David has a vehicle with a loan, Christina has a retirement plan with the state of Arizona and David has almost no retirement, because they had a medical emergency three years ago for DJ’s fractured leg, suffered in a ski accident. They also incurred an additional $8,000 in MasterCard debt when Christina took time off to care for DJ. Both David and Christina have their differences and they have both decided that they need to get divorced. They are able to talk together, but they just do not agree on what they should do about decision-making, child support, the house and their debt. They are not even sure what decision-making is all about. What happens with the pension? How do they get it divided? Who pays child support and how do they pay it? Who pays for Eliza’s piano lessons and summer soccer camp for both kids? Who has to pay back the MasterCard debt? Can David expect Christina to help pay rent for his apartment? Because David and Christina have decided that they cannot each afford to pay for an attorney and they cannot afford to litigate and argue about the decisions that they have to make, they have set up a meeting at Best Law Firm. The attorney meets with David and Christina together, and they sign the mediation agreement and pay the mediation fee. After that, the real work begins. They all work together, outlining parenting and financial issues. The mediator will provide the parties with pertinent legal statutes that may apply to their issues. Remember that anything the parties say in mediation cannot be used against them in court; it is a confidential process. It is decided at the first meeting that both David and Christina need to get copies of various documents: the retirement plan, pay stubs, tax returns, credit card statements and so on. All financial documents must be disclosed, so that each party is aware of the assets and liabilities of the party under Family Law Rule 49. At the second meeting, the parties and the mediator are able to resolve all the issues. The mediator drafts a Rule 69 agreement and the parties sign it and leave the office. The mediator then uses that agreement to draft the pertinent legal documents. For David and Christina, that includes a Joint Parenting Agreement, a Property Settlement Agreement and a Decree. David and Christina had decided to make all of these decisions before actually filing for divorce. Once the court receives the initial filings, it will be a minimum of 60 days before a judge will sign any final decree or other documents. The parties must also attend a mandatory parenting class and file the certificate with the court before their decree will be approved. **Post-Decree Hypothetical: Jackson and Jenna** Jackson and Jenna have three children, ages 8, 10 and 15. They have been divorced for four years and share joint legal decision-making, which allows both parents to be involved in major decisions of their children’s lives. Jack has a new job in Nebraska and is going to relocate. What happens to the parenting schedule of week on and week off? What about 15-year-old Annie, who does not want to ever visit Nebraska and has a summer job at the local Dairy Queen? Does Jack have to pay more child support, and how do they figure it out? Jack and Jenna meet with a mediation attorney at Best Law Firm, who outlines and discusses various choices and options that the parents can choose from. The mediator has experience with this particular scenario and is able to offer some creative and flexible solutions that are positive for everyone. This mediation lasts the better part of the afternoon, and the parents leave with a Rule 69 agreement that they are going to keep, but not file with the court. You might recall that a Rule 69 agreement is a written signed agreement. It was drafted for them while they were in the office, and they took it with them when they left the mediation. They decided they did not want or need to file it with the court. **Categories:** CHAPTER 10: MEDIATION --- ### [The Mediator’s Role](https://www.bestlawaz.com/coach_book/the-mediators-role/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** - Identifies the issues with the help of the parties - Outlines and discusses the possible solutions for each issue - Shares experiences as a practicing family law litigation attorney - Recognizes each parties’ needs, fears and desires for the outcome - Encourages a spirit of cooperation - Keeps the focus on the parties’ future, rather than their past - Accepts the parties as they are and refuses to judge or control the parties - Allows the parties to take their time and not be coerced - Remains neutral - Helps the parties in a professional, encouraging, courteous manner - Emphasizes that the mediator does not represent either party nor give legal advice **Categories:** CHAPTER 10: MEDIATION --- ### [The Parties’ Obligations](https://www.bestlawaz.com/coach_book/the-parties-obligations/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** - Desire to compromise and find a resolution - Act in good faith - Listen calmly to other party, even if you disagree with their statements - Stay professional and considerate of other parties’ statements - Conduct good communication with other party and mediator - Have an active role in the decision-making process - Full disclosure of all debts, assets and information required by Rule 49 **Categories:** CHAPTER 10: MEDIATION --- ### [Advantages of Mediation](https://www.bestlawaz.com/coach_book/advantages-of-mediation/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ## **The Family** ##### **Best Interests of the Children***:* Mediation is designed to help parents focus on the best interests of the children. The mediation process helps the parties remain aware that despite their differences that brought them to the mediation process, they must continue to communicate for the sake of their child. The mediation process will preserve the parties’ relationship, which will benefit the child in the future years. It is also important to recognize future issues that might arise, and put a mechanism in place that will prevent future litigation. ##### **Custom-tailored Agreements***:* The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties’ individualized circumstances. Mediation permits the parties, rather than the court, to control the outcome of their case. The tailored agreements typically result from both parties’ determination of how they will share their children, how they will make major decisions concerning their children, who will pay child support and how much, and how to equitably divide property and debts. **Categories:** CHAPTER 10: MEDIATION --- ### [Mediation: A step-by-step process](https://www.bestlawaz.com/coach_book/mediation-a-step-by-step-process/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ## **How Mediation Works** First, the parties must decide that they are able to discuss and consider their issues with each other through mediation. The parties may decide to initiate a free telephone consultation with one of our attorneys. Then, the parties make an appointment and come to our office. Be aware that the proceedings are confidential, and nothing can be used in a court proceeding. The success of mediation depends on the attitudes of the parties. It begins with the understanding that each party wants to mediate and resolve their dispute in a positive and calm manner. If either party has an attitude of wanting to “win” or to “hurt” the other person, mediation most likely will not work. The process begins with an initial meeting, usually lasting one to two hours. The mediator explains her or his role of assisting the parties in resolving their issues. Even though the mediator is an experienced family law attorney who practices law, she is not in her role as an attorney when she is a mediator. Nonetheless, her legal background helps both procedurally and substantially with the mediation process. ## **Issues** The mediator, in an impartial role, will help the parties define the issues, explain the legal process in the state of Arizona and then assist the parties in finding mutual agreements. The mediator’s job is to keep the parties conversing about the issues and help them move toward agreements. To accomplish this, the mediator engages in conversation with the parties to identify issues and possible solutions. Throughout the conversation, the mediator may propose various settlement options. ## **Agreements** There is no coercion, and both parties must be in accord in order for there to be any agreements. Often, more than one conference may be needed to resolve all the issues. Family issues invoke a great deal of emotion, and sometimes people need time to think about the process and the decisions that need to be made. There is no rush about this process. Some parties may be able to reach agreements on all issues in one session, while others may require multiple sessions. Additionally, the parties can meet together or individually with the mediator. For example, some parties may wish to sit together at a table with the mediator, while others may prefer to be in different rooms and have the mediator move between the parties, acting as a liaison between the parties. The latter approach helps minimize the emotion associated with meeting face-to-face and promotes progress on the individual issues. Each case is different, and our goal is to find an approach that will work best for your family. ## **The Parties Reach a Verbal Agreement** Two persons cannot divorce or legally separate unless, and until, certain paperwork is filed with the court. In Arizona, Family Law Rule 69 requires parties to have a signed, written agreement for it to be binding in court. In some cases, the parties may not need or want their agreement to be enforceable. In other situations, it is required that the agreement be filed with the court. Best Law Firm can assist the parties in completing all the required paperwork. We can also draft the necessary decree for your case or other paperwork, such as child support. ## **Document Drafting Service** Once the parties have reached a verbal agreement, Best Law Firm can draft a Memorandum of Understanding to memorialize the parties’ agreements that complies with Family Law Rule 69. We can also draft the petition and supporting documents to initiate your case in the court, as well as draft and file the consent decree, parenting plan and property settlement agreement to finalize your case. We can draft all your documents, from start to finish. **Categories:** CHAPTER 10: MEDIATION --- ### [Not Even the Winners Win in Litigation](https://www.bestlawaz.com/coach_book/not-even-the-winners-win-in-litigation/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** A learned judge once said that no one wins in court. By this, he meant that the family loses control of decisions and that the expense is extreme. So, instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. Moreover, even if the parties initially retain two separate attorneys, the court may still order the parties to attempt mediation before there is a trial. Best Law Firm welcomes parties who are represented by counsel, as well as parties who are unrepresented. Attempting mediation before courtroom litigation will save the parties time and money. Best Law Firm can assist families throughout Arizona, including Phoenix, Mesa, Glendale, Scottsdale, Tempe, Chandler, Peoria, Gilbert, Casa Grande, Tucson, Flagstaff, Anthem, Carefree, Cave Creek, Fountain Hills, Goodyear, Apache Junction, Avondale, Queen Creek, Sun City, Surprise and all cities within Maricopa County, Yavapai County, and Pinal County. ##### **If You Choose to Go to Court to Fight** If you choose to go to court for your case, you will be required to provide documents to the court and to the other party on strict deadlines; documents include mandatory disclosures, responses to discovery, affidavits of financial information, resolution statements, proposed findings of fact and conclusions of law and pretrial statements. Further, you may have to attend numerous court hearings, such as a resolution management conference, review hearings, return hearings, status conferences, evidentiary hearings and a trial. You are required under Rule 49 to obtain and provide copies of all pertinent documents, and the opposing party must do exactly the same. Obviously, this is time-consuming and expensive, because you are producing duplicate documents back and forth. In mediation, the parties are under the same full disclosure rules, but they can work together to produce their documents. Courts do not excuse these requirements simply because you are unrepresented. By allowing a mediator to assist your family in resolving your issues, you can avoid court and all the other paperwork requirements for a litigated matter. You can avoid all the other steps and procedures of a litigated matter by negotiating all your issues. You must still file the initial pleadings and answer, attend the mandatory parenting class and file the required final documents, but it will be in a measured, timely fashion, one that you can choose. You never have to set foot in a courtroom once you are able to mediate all your issues. **Categories:** CHAPTER 10: MEDIATION --- ### [Early Resolution Conference or Resolution Management Conference](https://www.bestlawaz.com/coach_book/early-resolution-conference-or-resolution-management-conference/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** There are two different conferences that the court will schedule. The conference that the court schedules will be determined on whether you or your spouse is represented by counsel. If neither you nor your spouse is represented by counsel, the court will schedule an Early Resolution Conference. If either you or your spouse is represented by counsel, the court will schedule a Resolution Management Conference. ## **Early Resolution Conference** As previously mentioned, the court will set an Early Resolution Conference anywhere from one (1) to four (4) months from the time the papers were served. The court will set this conference at a time that will fit in with its dockets. You will receive notification in the mail. On that order, you will also have directions ordering you to fill out a Resolution Management Statement and Affidavit of Financial Information before you arrive. If your order prescribes it, you may need to file this with the court before your conference and give a copy to the other party. When your early resolution conference is scheduled, it is important that you arrive at the correct courthouse at the correct time. You do not need to bring anything with you to the conference, unless the court requests otherwise. At this conference, you will first meet with a court representative and the other party, if there has been no domestic violence. The conference will be scheduled to last 1-3 hours. At that time, the court representative will talk with you and determine whether you are able to settle any issues. If you and your spouse are able to come to any settlement terms, the court representative will memorialize your agreements in writing and file them with the court. Be advised that if you do not attend your scheduled early resolution conference, you will be fined $100.00. Please refer to the information that you receive from the court, because the processes and procedures are likely to change. ## **Resolution Management Conference** If either party is represented by an attorney, the court will set a Resolution Management Conference from one (1) to four (4) months from the date of service depending upon the court’s docket. Prior to the Resolution Management Conference, both parties will receive a written notification from the court that will include the date and time for the conference. That written notification will also include requirements that must be completed prior to the conference. For example, the court will require a Resolution Management Statement and Affidavit of Financial Information. This statement outlines all of the key issues in your dissolution, including child decision-making and parenting issues, along with financial matters. The court will also require you and the opposing party with counsel to meet with each other for one hour in person prior to the hearing. The Resolution Management Conference will be scheduled to last 30 minutes. During that period of time, the parties are encouraged to see if they can settle any issues. An example of this form is displayed below. ## **Example of Proposed Resolution Statement**       **Categories:** CHAPTER 9: AFTER THE COIN TOSS (Before the Game Begins and the Impact of the Temporary Injunction) --- ### [What Happens After the Papers are Served?](https://www.bestlawaz.com/coach_book/what-happens-after-the-papers-are-served/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** After the service of the petition other “clocks” begin ticking. For example, within forty (40) days after a party has been served with the initial documents, documentation concerning finances and property needs to be disclosed to the other party. This is mandated in Family Rule 49, which requires the disclosure of specific documentation to be sent to the opposing party pertaining to the issue at hand. Depending upon what you request in your petition or response to dissolution or legal separation, you may be required to prove certain requests. For example, you may need to establish: 1. The birth and parentage of children 2. The acquisition of marital property 3. The existence of community debt 4. The requirement of child support 5. The need for spousal maintenance 6. The ability of the other spouse to pay support and/or maintenance 7. The fact and fairness of any settlement agreement 8. Excessive and abnormal expenditures 9. Destruction, concealment or fraudulent disposition of marital property 10. One spouse’s need and the other spouse’s ability to pay attorney’s fees The proof required may be in the form of witnesses, documentation, demonstrative evidence, presumptions and judicial opinions. **Categories:** CHAPTER 9: AFTER THE COIN TOSS (Before the Game Begins and the Impact of the Temporary Injunction) --- ### [Other Issues](https://www.bestlawaz.com/coach_book/other-issues/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** After the petition is served, each spouse is entitled to his or her own income. This income may be subject to child support and/or spousal maintenance that can be retroactive to the service or the separation date. Also, each party is responsible for his or her own debt incurred after that service date. Until the petition is served, all debt is presumed community. One of the ways to avoid the community debt is to prove community waste, which is beyond the scope of this book. **Categories:** CHAPTER 9: AFTER THE COIN TOSS (Before the Game Begins and the Impact of the Temporary Injunction) --- ### [The “New” Rules](https://www.bestlawaz.com/coach_book/the-new-rules/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** After a party is served with the dissolution or legal separation documents, there are new rules that must be followed by you **and** your spouse. These rules are explained in the Preliminary Injunction (A.R.S. §25-315(A)) initially filed and served upon a party. These rules are mandated for every party going through the process of dissolution or legal separation. It is crucial to follow these rules! To comply with the preliminary injunction, you shall not do any of the following: 1. Do not hide earnings or community property from your spouse. *This injunction also applies to you when you have the intention to file for divorce or legal separation. In other words, you cannot hide money or community property from your spouse prior to filing for divorce. Throughout your divorce, all income and property must be disclosed, and it is recommended that you comply with all of the discovery rules.* 2. Do not take out a loan on the community property. 3. Do not sell the community property or give it away to someone, **unless** you have written permission from your spouse or the court. There are exceptions to this rule if a party needs to transfer joint or community property as part of the everyday running of a business, or if the sale of the community property is necessary to meet necessities of life, such as food, shelter, clothing or court fees and attorney fees associated with this action. (If this applies to you, it is recommended that you seek an attorney for help). 4. Do not harass or bother your spouse or the children. *While this may seem obvious, it is important to remember this part of the injunction. Feelings become strong throughout a divorce (even in amicable divorces), and it is important to be respectful, which will help the process move along more smoothly. If your spouse asks you to stop contacting him or her, please respect that request and only contact that person if absolutely necessary.* 5. Do not physically abuse or threaten your spouse or the children. *It is important to note that physical abuse or threats to your spouse or to your children during this period may have an effect on whether the court awards joint legal decision-making or sole legal decision-making to one parent. When there is significant domestic violence in a family, joint legal decision-making is contrary to the best interests of the children. If the court finds significant domestic violence in the family, it is more likely that the non-violent/non-abusive parent will be given sole legal decision-making, rather than sharing joint legal decision-making. Some judges do not understand the correlation between domestic violence towards a spouse and the increased likelihood that the offending parent will abuse the children. You should consider seeking the advice of an attorney if you are in this situation.* 6. Do not take the minor children, common to your marriage, out of the state of Arizona for any reason without first obtaining a written agreement between you and your spouse or a court order. *If you are concerned that your spouse may take your children out of the country and there is a chance that he or she will not return with them, make this known to the judge early on in your case and request that you maintain exclusive control over the children’s passports.* 7. **INSURANCE COVERAGE: Do not remove, or cause to be removed, the other party or the minor children of the parties from any existing insurance coverage, including medical, hospital, dental, automobile, and disability insurance.** Both parties shall maintain **all** insurance coverage in full force and effect. It is possible that you or your spouse loses employment upon which you rely for your insurance during this temporary injunction. *If this occurs, both parties shall attempt to gain the insurance lost. If it is economically not feasible and COBRA, for example, is too expensive for your family budget, then the court is likely to understand why you no longer have that type of insurance*. **Categories:** CHAPTER 9: AFTER THE COIN TOSS (Before the Game Begins and the Impact of the Temporary Injunction) --- ### [The Response](https://www.bestlawaz.com/coach_book/the-response/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** If your spouse/partner filed the action against you, you must file a responsive pleading. You have a time limit, so make sure you know what it is. If you were served in the state of Arizona, you have 20 days to respond, if you are out of state, you have 30 days. Your response should track the petition, paragraph by paragraph. You will “admit” the true things that are in the petition, such as the date of your marriage, your name, the county you live in. If you dispute some item, you respond with “deny,” such as: “Denies Paragraph V as to spousal maintenance, because husband is capable of working to support himself.” If you have any questions, you should consult an attorney. DO NOT IGNORE THE PETITION. You will set yourself up for a default, and that can be very dangerous. Remember to be ready to pay your responsive filing fee of $256 (at the time of this writing) when you file your response. **Categories:** CHAPTER 9: AFTER THE COIN TOSS (Before the Game Begins and the Impact of the Temporary Injunction) --- ### [Simple Steps to “Serving” the Other Party](https://www.bestlawaz.com/coach_book/simple-steps-to-serving-the-other-party/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** “Service” is the technical name for the other party receiving from you the documents that you have filed. Arizona courts require one party to show proof that the other person was served. In today’s legal world, service does not have to be done with a process server. Instead, you can simply mail the documents to the other party, if applicable (as outlined below). ## **The Other Party Lives In or Out of the State of Arizona and You Know Where He or She Lives or Works** Most likely, your spouse also lives in Arizona. If this is the case, you can serve the other party as outlined below. The service methods are listed here from least to most expensive. **Option 1**: Hand-delivery and an Acceptance of Service form If you and your spouse are amicable, hand-delivery is a good option. This means that you can give the other party all six (6) or eight (8) documents (all of the documents you filed except for the Summons). If you use this method, you do not send the original Summons that you received from the court clerk when you initially filed your documents. At the same time you give the other party the papers, you should also give them an Acceptance of Service form to fill out. This form must be signed by the receiving party either in front of a notary or the court clerk. If the receiving party signs the documents in front of a notary, you should file their acceptance of service with the court after making a copy for your records. Do not use hand-delivery and an acceptance of service form if you are a victim of domestic violence or you believe that you or your children are in danger. If this is the case, use another method of service. It is best to err on the side of being safe. **Option 2**: Mail or Other Delivery Service Requiring Signature Confirmation This option requires that you send all of your documents using certified mail, **restricted delivery.** The “restricted delivery” entails a minor fee, but ensures that the deliverer confirms that he or she is delivering personally to your spouse. When you receive this green card back in the mail, you will file this with your mailing receipt after making a copy of it for your records. This form is located online at: [http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc\_gn2.asp.](http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_gn2.asp) It looks like this: **Option 3**: Service by a Registered Process Server When people think of service, they generally think of a process server doing the job. With this method, you hire a process server to physically deliver those documents to your spouse. You will need to give the process server specific information as to where he or she can find your spouse. Process servers generally charge for the number of attempts it take to find your spouse. It is best to be as specific as possible and provide the process server a picture, so that he or she can identify your spouse. After the process server serves the documents on your spouse, the process server will file an affidavit of service with the court. **Option 4**: Service by the Sheriff This is usually not the most efficient way to serve the other party. First, a deposit of $200.00 is required for this method. You may ask the Sheriff’s Office for a deferral or waiver of these fees. To ask the Sheriff’s Office to serve your documents, you will need to fill out two (2) forms. (Both forms are on the Maricopa Superior Court website). If you live in Maricopa County and want to serve the papers in Maricopa County, you can bring the documents to the Maricopa County Sheriff’s Office, Civil Unit, 201 West Jefferson Street, First Floor, Central Court Building, Phoenix, Arizona 85003. Their telephone number is (602) 876-1840. ## **What if I have No Idea Where the Other Party Lives?** You qualify under this section of service if the following has been completed: 1. You have filed a petition with the accompanying documents, AND 2. You do not know where the other party is, AND 3. You have tried all reasonable ways to find your spouse, including: - Mailed by certified mail to the spouse’s last known address - You have attempted to contact your spouse’s family, friends and neighbors to retrieve an address - You have contacted your spouse’s place of employment - You have done additional research, such as reviewing the phone book, online directories, voter registration information; and - Considered hiring a professional detective or paid an online service attempt location for your spouse 4. You are ready to testify under oath that you have tried all of these methods. **Categories:** CHAPTER 8: GAME-TIME (The Documents and the Process of Divorce) --- ### [Steps to Filing Your Dissolution or Legal Separation Documents](https://www.bestlawaz.com/coach_book/steps-to-filing-your-dissolution-or-legal-separation-documents/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** 1. Review your documents one last time to ensure their accuracy. 2. Sign the petition in blue ink. There are TWO places. The verification page needs a notary, as well. (Do not sign it until you are in front of a notary. Notaries are found at various locations, including law offices, banks and photocopy stores. There is sometimes a charge for this service. Usually, the bank that you bank with will do this service for free). 3. If there are minor children, sign the Affidavit of Minor Children in blue ink. This page needs a notary. (Do not sign it until you are in front of a notary). 4. Copy each document three (3) times. **Staple each individual section (such as pleadings) together.** 5. Keep each document in an individual pile. The original document should be on top, with the three copies underneath. Paperclip these four documents together. 6. If you are getting divorced with minor children, you will have nine separate piles paper-clipped together. Otherwise, you should have six or seven stacks. Your stacks should look like this: Stack #1: Original Family Court Coversheet/Sensitive Data Sheet plus three copies Stack #2: Original Summons plus three copies Stack #3: Original Preliminary Injunction plus three copies Stack #4: Original petition (signed with blue ink) plus three copies Stack #5: Original Notice of Your Rights about Health Insurance plus three copies Stack #6: Original Notice Regarding Creditors plus three copies Stack #7: Original Affidavit Regarding Minor Children plus three copies Stack #8: Original parenting information class plus three copies 7. Take these documents to your nearest courthouse. Maricopa County has four different courthouses, the locations of which are in Chapter 1 of this book. Courthouses outside Maricopa County are listed in the Appendix under “courthouses.” The court clerk will date stamp all of these documents. The court clerk will also assign you a case number. You must use this number when you file subsequent documents with the court. This filing date may become important, because the court uses this date as a starting date for the dissolution or legal separation. 1. Make sure you have your filing fee ready–$338.00 for initial petitions, $269.00 for responses. You can pay by cash, cashier’s check or credit card. (There is a possibility for a deferral or waiver of this fee if you are unable to pay it. Such forms are located online.) 1. The court clerk will keep the original copies and will date stamp your remaining copies. 2. Now, to “start the clock,” you need to serve (officially give a copy) the documents on the other party. The instructions for service are below. **Categories:** CHAPTER 8: GAME-TIME (The Documents and the Process of Divorce) --- ### [The Individual Documents](https://www.bestlawaz.com/coach_book/the-individual-documents/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** Each of these documents has a significant meaning for the courts and for you. Below is a list of the forms and their purpose. ## **Family Court/Sensitive Data Coversheet** This form helps the courts set up your file in their computer system. It should be the top form you present to the clerk when you file these forms. The clerk will want to see that all of this information is filled out, so that their court records are complete. Throughout the divorce process, the court will periodically send out minute entries or court orders to you. It is important that your personal information (especially your address) is updated with the court, so that you will receive all of these necessary documents. Please be cautioned that this information may become public record and be available for everyone to see. Do not provide complete account numbers or Social Security numbers, due to the risk of identify fraud.  ## **Summons** The summons officially notifies the respondent that a lawsuit (divorce) has been filed against him/her and he/she is a party to the action. The summons also informs the respondent how long he/she has to answer the divorce. This document is signed by the clerk of court who, at the time of filing, will emboss the document with his official seal. ## **Petition for Dissolution With Minor Children** *This document is the most important of the eight documents initially filed.* This document sets out the necessary facts of your divorce and lets the court know exactly what you are seeking in the divorce. In this petition, you are able to tell the court what kind of decision-making arrangement you want for the children, how you want your property divided and whether you or your spouse is entitled to child support or spousal maintenance. This document should help you provide a good picture of what you want at the end of the divorce process. You should ask the court for *everything* that you want, even if it is not what you would settle for at the end of your dissolution. You want to request that you be awarded certain things, because if the other party does not answer the petition and you get a default (see glossary) against your spouse, your requests in that initial petition are what will be awarded to you. The following petition is a generic, sample petition for a divorce with children. In drafting your own petition, you should be more specific than the example. Maricopa County also provides a form on their website that allows a party to be more specific. It is helpful at this stage to have consultation with an attorney or allow an attorney to draft your documents for you to ensure that you “plead” all that you need to in this petition. It is common for judges and opposing sides to refer back to your initial petition. Again, please take your time in filling out this document.         ## **Notice of Your Rights About Health Insurance Coverage** This legal notice outlines how your health insurance coverage could be affected after your dissolution is final. It includes information as to whether you are included on your spouse’s insurance policy, what insurance coverage applies to you and how to get it, what coverage applies to your children, preexisting conditions or exclusions from insurance coverage, and limits on rights to insurance coverage for you and your children. This document must be served on the party in a dissolution. It is not usually applicable to legal separations, but you may want to check with your insurance company. ## **Notice Regarding Creditors** This notice is required for all actions of divorce and legal separation. This document explains that you and your spouse are responsible for community debts. It also suggests that you may want to contact your creditors to discuss the debts and the effects of your divorce or legal separation. ## **Preliminary Injunction** The preliminary injunction is a new set of rules that must be followed by you *and* your spouse after a spouse is served with dissolution or legal separation paperwork. These rules are explained in the Preliminary Injunction document you filed and served upon the other party. These rules are mandated for every couple going through the process of dissolution or legal separation. It is important not to violate any of these rules. See Chapter 9 for a more complete explanation of the preliminary injunction. ## **Parent Information Class** This form gives your spouse notice that he or she must attend a parent information class. This is a mandatory class for both parents to attend. Parents do not attend this class together and each parent is able to choose a convenient location and time to attend. Try to take this class early in your dissolution process. When you have taken the class, the instructor will give you a form to file with the court. It is important that you file it with the court; the court is then on notice that you filed it. Prior to filing, make additional copies of the form for yourself and for your spouse. You cannot get any decision-making without having filed this certificate. If you are unable to take this parent information class because you are on military duty, it is possible to ask your judge if you can be exempt from taking it. There is a form, Motion to Request Exemption from Parent Information Class that you can fill out and file with the court. It is within the court’s discretion whether or not to grant your request to be exempted from this requirement.    ## **Affidavit Regarding Minor Children** In this affidavit, you are confirming who the minor children are and where they have lived during the past five (5) years. This document also asks whether there are any court cases that you have been a party to or witness to that involved the decision-making or parenting time of the children. The document requires you to answer whether there are any pending court cases related to the decision-making of the children and whether you know of any person, other than the petitioner or respondent, who has physical decision-making or who claims decision-making or parenting time rights of any of the children named in the affidavit. **Categories:** CHAPTER 8: GAME-TIME (The Documents and the Process of Divorce) --- ### [Overview of Required Documents](https://www.bestlawaz.com/coach_book/overview-of-required-documents/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** The following is a summary of this chapter. “Required” means that the corresponding document needs to be filled out and filed with the initial petition. **Document Name****Dissolution****without minor children** **Dissolution****with minor children** **Legal****Separation without minor children** **Legal****Separation with minor children** **Family Court Cover Sheet / Sensitive Data Sheet**RequiredRequiredRequiredRequired**Summons**RequiredRequiredRequiredRequired**Preliminary Injunction**RequiredRequiredRequiredRequired**Petition**RequiredRequiredRequiredRequired**Notice of Your Rights****about Health Insurance Coverage** RequiredRequiredNot requiredNot required**Notice Regarding Creditors**RequiredRequiredRequiredRequired**Affidavit of Minor Children**Not requiredRequiredNot requiredRequired**Parent Information Class**Not requiredRequiredNot requiredRequired## **Documents for Dissolution Without Minor Children** To file for dissolution of marriage without minor children the following documents need to be completed: 1. Family court cover sheet/Sensitive Data Sheet; 2. Summons; 3. Preliminary Injunction; 4. Petition for Dissolution without Minor Children; 5. Notice of Your Rights about Health Insurance Coverage; and 6. Notice Regarding Creditors. ## **Documents for Dissolution With Minor Children** To file for dissolution of marriage with minor children the following documents need to be completed: 1. Family court cover sheet/Sensitive data sheet; 2. Summons; 3. Preliminary Injunction; 4. Petition for Dissolution with Minor Children; 5. Notice of Your Rights about Health Insurance Coverage; 6. Notice Regarding Creditors; 7. Parent Information Class; and 8. Affidavit Regarding Minor Children. ## **Documents for Legal Separation Without Minor Children** To file for a legal separation without minor children the following documents need to be completed: 1. Family court cover sheet/Sensitive data sheet; 2. Summons; 3. Preliminary Injunction; 4. Petition for Legal Separation without Minor Children; and 5. Notice Regarding Creditors. ## **Documents for Legal Separation With Minor Children** To file for a legal separation with minor children the following documents need to be completed: 1. Family court cover sheet/Sensitive data sheet; 2. Summons; 3. Preliminary Injunction; 4. Petition for Dissolution with Minor Children; 5. Notice Regarding Creditors; 6. Parent Information Class; and 7. Affidavit Regarding Minor Children. **Categories:** CHAPTER 8: GAME-TIME (The Documents and the Process of Divorce) --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-7/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** **How is spousal maintenance paid?** It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the clearinghouse, administered by the state of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the state. ##### **When does spousal maintenance end? (A.R.S. §25-327)** Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable, but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it. ##### **Can spousal maintenance be modified?** Yes, under certain circumstances and depending upon how your decree or Property Settlement Agreement was drafted. ##### **What if my spouse quits working in order to stop having to pay spousal maintenance?** A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings, if there was some kind of mischief. ##### **What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. §25-513)** You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or Request For Expedited Hearing, requiring your spouse to provide you with the relevant information and to keep you apprised of his or her current employer’s address. You should consult with an attorney. ##### **Is spousal maintenance taxable?** Check with your accountant, but in general, spousal maintenance is taxable to the receiver and tax-deductible to the payor. ##### **Is** **spousal** **maintenance** **considered** **my** **salary** **for** **child support calculations?** Yes. ##### **Can either a husband or a wife receive spousal maintenance?** Yes. ##### **Can I waive my spousal maintenance?** Yes. ##### **Does it matter how many children we have?** No. ##### **Am I entitled to live the same as I did when we were married?** No. The style to which you have been accustomed is not the standard. ##### **What if my husband had a really good job and now is unemployed?** It depends. If he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment. ##### **What if my husband has quit his job on purpose to avoid paying me?** If you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired or was laid off. **Categories:** CHAPTER 7: SPOUSAL MAINTENANCE --- ### [Spousal Maintenance Questionnaire](https://www.bestlawaz.com/coach_book/spousal-maintenance-questionnaire/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** (For the spouse requesting spousal maintenance) 1. How many years have you been married? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2. Are you presently employed? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. If yes, where? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ How long have you been employed there? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What is your rate of pay? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What education was necessary for you to acquire that position? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. If no, where were you previously employed? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ How long were you employed there? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What was your rate of pay? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What education was necessary for you to acquire that position? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. List your last three (3) jobs prior to your current position: Employer: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dates of employment: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rate of pay: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What education was necessary for you to acquire that position? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Employer: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dates of employment: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rate of pay: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What education was necessary for you to acquire that position? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Employer: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dates of employment: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rate of pay: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What education was necessary for you to acquire that position? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. Have you been employed outside the home during the majority of your marriage? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If no, what dates during your marriage have you not been employed outside the home?\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What did you do while not working outside the home \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1. Do you have any minor children? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, how old are they? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2. Do you have any children with special needs? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 3. Did you and your spouse agree for you to stop work to take care of the children? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 4. What was the level of education that you had attained at the time of your marriage? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 5. What is your current level of education? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 6. What job skills, training, or experience did you have at the time of your marriage? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 7. What job skills, training, or experience do you have now? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 8. What is your usual occupation? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 9. What will be your monthly income at the time of separation? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 10. What will be your monthly expenses at the time of separation? (See your completed Affidavit of Financial Information (AFI).) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 11. What will be the value of your half of the community property (cash, investments, retirement, house equity) at the time of separation? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 12. How long would it take you to achieve the education or skills necessary to be able to individually attain the income that you need to pay your monthly expenses? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 13. Did your spouse attend any special schools or training during the marriage? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 14. Did you sacrifice any career opportunities in order to allow your spouse to attend school or achieve success in their occupation? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 15. Do you feel you will be able to be self-sufficient after the divorce? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 16. Do you anticipate any unusual expenses or circumstances in the near future that may affect your ability to become self-supporting? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 17. Do you have any pre-marital agreement or post-marital agreement? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 18. If yes, what are the details regarding spousal maintenance? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19. Do you think you should be awarded spousal maintenance? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 20. If yes, how much? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 21. For how many months or years? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 22. What is your spouse’s income? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Other: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Categories:** CHAPTER 7: SPOUSAL MAINTENANCE --- ### [What is Spousal Maintenance?](https://www.bestlawaz.com/coach_book/what-is-spousal-maintenance/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** Spousal maintenance (formerly known as alimony) is a monthly payment from one spouse to another, which is designed to allow for the spouse who earns less income to establish a home and living environment on his/her own. Spousal maintenance is used for an easier transition to becoming a single person in certain circumstances. Spousal maintenance will not last forever; it is designed to help a person get on his/her feet. The two factors explained are from A.R.S. §25-319. ## **Factor One: Sufficient Property, Ability to Support Oneself, Educational Support and Marriage of Long Duration** ##### **If you answer yes to any of the following, go to Factor Two.** The first threshold question that the court must determine is whether: 1. A spouse lacks sufficient property to meet his or her reasonable needs 2. A spouse can’t support him/herself by employment or must stay home with a young child 3. A spouse supported his or her spouse’s education 4. The marriage was long and a spouse has little chance of employment ##### **If one of the above threshold questions is yes, then Factor Two is analyzed.** ## **Factor Two: Amount and Duration** If Factor One is met, then the Court considers the following: 1. Length of the marriage 2. Each party’s age 3. Each party’s health 4. Employment of both parties 5. The standard of living established during the marriage 6. The parties’ respective resources 7. A party’s deferment of career opportunities 8. Assistance in the career opportunities of the other part **Categories:** CHAPTER 7: SPOUSAL MAINTENANCE --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-6/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** # How will our property be divided? **(A.R.S. §25-211 and A.R.S. §25-318)** You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50 percent of the assets acquired during marriage. Also, the courts generally seek to divide debt equitably in a divorce case. This does not automatically mean that each spouse will have 50 percent of the debt assigned to them. The court will take into consideration each spouse’s income, ability to pay debts and issues of waste of community property assets. Usually, the community property is divided equally. It does not matter that one spouse contributed more than the other. The court may, in rare cases, give one spouse more than one-half because the other has destroyed, sold or given away community property or for other compelling reasons. The court may divide property by ordering it to be sold, or by splitting it between the parties. If one spouse had property prior to the marriage, but that property has increased in value during the course of the marriage, then the increase in value could be deemed community property and divided between the parties, if the increase came from labor by either spouse during the marriage or expenditure of community funds. ##### **Is everything we own considered community property?** According to Arizona Revised Statute §25-211, generally anything that a married couple accumulates during the marriage is considered community property. That is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. ##### **What property is not divided?** According to Arizona Revised Statute §25-213 “separate property” cannot be divided by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to the community—for example, by re-titling the property as community property. ##### **What about the debts?** Arizona Revised Statute §25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. Within thirty (30) days after receipt of a written request for information from a litigant which includes the court name and case number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. ##### **What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse. If a party fails to comply with an order to pay debts, the court may enter orders transferring the property of that spouse to compensate the other party. ##### **What happens when the spouses own a business together?** During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual’s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter. ##### **What if neither of us can afford the house?** This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says. Decide who pays for repairs during the dissolution, who should sell and how long they have to sell. If one party agrees to buy out the other party, you need to agree when you appraise the house. ##### **What if one party made the down payment with money earned prior to marriage, but after marriage, put the house deed in both names as joint tenants?** The house is community property and the spouse who made a down payment may have “gifted” the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity. ##### **What if I paid the down payment, my spouse has lived here during our entire marriage, but her name is not on the deed?** The house most likely remains your sole and separate property, but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney. ##### **My spouse and I purchased the house together, but I made her sign a disclaimer deed two years later when I refinanced the house. The house is all mine, right?** Quite possibly, but while disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about what she was doing. And again, there is the equitable lien issue as outlined above. ##### **My husband will not get out of the house, and I just filed for divorce.** You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the judge, and will likely take a month or more to get a hearing; usually, this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order. ##### **Who pays for repairs while our house is for sale?** You can agree that the party living in it pays for everything under a certain amount, such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses. ##### **Who gets the kids’ furniture?** This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared decision-making arrangement. ##### **What is considered my sole and separate personal property?** Anything you owned prior to marriage, property that you inherited, and usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing. ##### **Who gets our digital camera?** If you both use it and bought it with community funds, it needs to be divided, along with other property. ##### **Who gets the vehicles if both vehicles have debt and no equity?** Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off. ##### **I inherited money when my mom died six years ago and put my husband’s name on the account. Is this money community or my sole and separate money?** This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let’s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you. ##### **What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse, regardless of which spouse is ordered to pay the debt by the court. The innocent spouse then has the right to recover from the obligated spouse. If a party fails to comply with an order to pay debts, the court may enter orders transferring the property of that spouse to compensate the other party. ##### **I am getting ready to file for divorce. Can I take all the money out of our joint savings account?** No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money, and this should not cause any problems in case you have to explain this to a judge. ##### **I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce?** No, a personal injury settlement for pain and suffering is your sole and separate property. ##### **I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it?** If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it. ##### **I had stocks before marriage, but bought more stock after marriage. Who gets the stocks?** The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property. **Categories:** CHAPTER 6: PROPERTY --- ### [Property Settlement Agreement](https://www.bestlawaz.com/coach_book/property-settlement-agreement/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ## **When and How to Get Your Marital Settlement Agreement** At this point, you are probably wondering what to do with all of this information and how is it used in the divorce process. As previously discussed, it is important to know what assets you and your spouse either own together or separately and their value. It is with this information that you can begin your negotiation process with your spouse and begin drafting a Property Settlement Agreement. A Property Settlement Agreement lays out and explains how your property will be divided. If the court ultimately decides how your property will be divided, the property division will be explained in your decree, which is public record and can be read by anyone. If, however, you negotiate and draft a Property Settlement Agreement, you can incorporate this agreement by mere reference in your divorce decree. (This means that your decree will include language referring to your Property Settlement Agreement as the explanation of the property division). Should you write your agreement or seek the advice of an attorney? It depends on the complexity of your situation. You may consider consulting an attorney so that you understand the family law statutes and how they apply to you. If there is an impasse between you and your partner, you do not need to go to court; you can mediate (settle) your dispute with a mediator, who is preferably an experienced family law attorney. ## **Property Settlement Agreement Highlights** 1. Timing: You must file your petition and response and wait the 60 days before filing your agreement. 1. You should take time to negotiate your agreement after you have full and complete financial disclosure. 1. Never sign an agreement without disclosure. 2. Secure promises to pay. Make sure you understand creditor rights, even if one spouse agrees to pay community debt. 1. Consider taxes for the year you are in and any part of the year you are married. 1. It must be signed and in writing to be valid, only another written document can revoke it. 1. Child support and decision-making are always modifiable. It is best if your signatures are notarized. Keep the original(s) in a safe place. 1. Make decisions with a clear head after knowing the law and having full disclosure. We suggest you get legal help for advice or for document drafting. These might include: 1. Spousal Support 2. Deferred compensation plans and valuation dates 3. Tax issues on spousal maintenance and how to file 4. Equalization payments 5. Security for payments of debt or money to be paid in future 6. Business Income, how to value and divide 7. Zero child support or support outside the guidelines 8. Anything you do not understand, get help! **Categories:** CHAPTER 6: PROPERTY --- ### [Resolving Your Property Issues](https://www.bestlawaz.com/coach_book/resolving-your-property-issues/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ## **The House** Is it community or sole and separate? If it is sole and separate, does the other spouse have an interest in it? Here are some questions to answer: Whose name is on the deed? Did you and your spouse purchase it during the marriage? Where did the money come from for the down payment? If the house was purchased during the marriage with money from the marriage, such as money from your jobs, it most likely will be considered community property and will be divided equally. Who, if anyone, wants to live in the home during the divorce? Do you want to sell the house, either because neither party can afford it or because neither party wants to live there? ##### **If the House is Community Property** There are several options that you can consider: Option 1: One spouse stays in the house and makes all the payments; the parties get the house appraised and decide the value of the house. Then the party who wants to live in the house pays the other spouse half the value of the house. This can be paid with cash in a refinance or can be “horse-traded” with other assets. Option 2: The parties can sell the house and split the proceeds equally. The parties can split the costs of upkeep until the sale, or they can decide that one party lives there and makes all payments until the sale. Or, one spouse could move out and then combine all living expenses, with each paying half of those total expenses or each paying their prorated share, according to each party’s income. Option 3: One party stays in the house for a predetermined amount of time, such as one to two years, until a refinance must be undertaken. There are a number of creative ways to determine the division; it is limited only by imagination and the ability to cooperate. The end goal is to split the proceeds 50-50 and not make the process more difficult than it needs to be for either party. ##### **If the House is the Sole and Separate Property of One Spouse** If only one spouse’s name is on the deed, or if one party owned the house prior to marriage, it might be considered that spouse’s sole and separate property. This can become a complicated legal issue and you should seek the advice of an attorney if you have any questions. ## **Personal Property** Vehicles: Usually spouses have driven one vehicle and that is the one they want to keep. There may be an adjustment if one vehicle has a greater value than the other. For instance, if the truck has equity of $10,000 and the SUV has equity of $20,000, one person has $10,000 more value than the other. The truck spouse is due an additional $5,000 on his/her side of the ledger (the vehicles together equal $30,000 so each spouse should get a value of $15,000; the truck spouse only has $10,000 in value, so is due an additional $5,000). ## **The Furniture** Here are some ways to divide your property: Idea #1: Using your list, have a “draft,” where one party chooses, then the other, until the list has been divided. Idea #2: Each party discusses what they want and then split the rest as above. Idea #3: One party writes down all the community property on two separate lists. Then the other party picks which list they want. Idea #4: The property is appraised (garage sale value) and then one party pays the other. Idea #5: Just talk and work it out. This too, can be horse-traded with other assets if one party really wants certain property. Remember that used furniture is not that valuable; it is not worth the amount you purchased it for. One of you might want or need more furniture than the other and you could exchange it for the extra value of the vehicles. In other words, you get half the pie, but you can negotiate what pieces make up your half. ## **Bank Accounts, Savings Accounts and Investment Accounts** If these accounts were opened and contributed to during the marriage, they will be considered community. If one spouse had an account before marriage and did not commingle community funds, it will be sole and separate property of one spouse. If there are complications, this may be a question for an experienced family law attorney. **Categories:** CHAPTER 6: PROPERTY --- ### [Property Worksheet](https://www.bestlawaz.com/coach_book/property-worksheet/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** First, list all your property. It will be very helpful for you to fill this out as you get started. You need to first identify all property, regardless of whether you think it is community or sole and separate. Then, after you identify all your property, you can review the statutes and the Question and Answer section to determine how you and your spouse would like it to be divided. You can return to the worksheet and fill in how you think it should be fairly distributed. You and your spouse can each fill out a worksheet, or you can fill it out together.  FURNITURE RoomList of Items**Living Room (including couches, tables, art, chairs, televisions, DVD players)****Dining Room (including table, chairs, rugs, art, decorations)****Family Room (including couches, tables, art, chairs, televisions, DVD players)****Master bedroom (including bed, dressers, art, chairs, bed stands)****Bedroom #2 (including bed, dressers, art, chairs, bed stands)****Bedroom #3 (including bed, dressers, art, chairs, bed stands)****Kitchen (including appliances)**BANK ACCOUNTS (INCLUDING CHECKING, SAVINGS, INVESTMENT ACCOUNTS) Bank NameName(s) on Account Last four digits of account number (never disclose full account numbers due to the possibility of identity theft). Balance as of / /20 DEFERRED COMPENSATION/401Ks/RETIREMENT ACCOUNTS Bank NameName(s) on AccountDate account was openedLast 4 digits on account numberBalance as of / /20 WIFE’S OTHER PROPERTY (Gifts, inheritance, items owned prior to marriage, personal effects such as cameras, golf clubs, computers) ItemDate AcquiredHUSBAND’S OTHER PROPERTY (Gifts, inheritance, items owned prior to marriage, personal effects such as cameras, golf clubs, computers) ItemDate Acquired **Categories:** CHAPTER 6: PROPERTY --- ### [Characterization of Property](https://www.bestlawaz.com/coach_book/characterization-of-property/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** The first thing to decide is the character of the property. If it is community, it can be split 50-50. If it is sole and separate, it is yours and does not need to be divided, but it must be disclosed. At the end of the divorce, you will want to divide the community property approximately equally. This includes the house, furniture, cars, boat, bank accounts, savings, stocks, investments, pensions and debts. You also need to be aware that each spouse has an obligation to disclose all property under the Rule of Family Law Procedure 49. Hiding assets will not be treated kindly by the court. Even sole and separate property must be disclosed, so the other spouse has an opportunity to determine if it really is sole and separate. **Categories:** CHAPTER 6: PROPERTY --- ### [How Arizona Law Sees Division of Property (A.R.S. §25-211 & 25-318)](https://www.bestlawaz.com/coach_book/how-arizona-law-sees-division-of-property-a-r-s-§25-211-25-318/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** You and your spouse may decide this for yourselves, but it is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50 percent of the assets acquired during marriage. Also, the courts generally seek to *divide debt equitably* in a divorce case. This does not automatically mean that each spouse will have 50 percent of the debt assigned to them. The court will take into consideration the spouse’s income, ability to pay debts and issues of waste of community property assets. Usually, the community property is divided equally. It does not matter that one spouse contributed more than the other. The court may, in rare cases, give one spouse more than one-half because the other has destroyed, sold or given away community property or for other compelling reasons. The court may divide property by ordering it to be sold or by splitting it between the parties. If one spouse had property prior to the marriage, but that property has increased in value during the course of the marriage, then the increase in value could be deemed community property and divided between the parties, if the increase came from labor by either spouse during the marriage or expenditure of community funds. ## **What Is Considered Community Property** According to Arizona Revised Statute, §25-211, generally, anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. ## **Property that is Not Divided** According to Arizona Revised Statute §25-213, “separate property” cannot be divided by the court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to community property—for example, by re-titling the property as community property. ## **Debts** Arizona Revised Statute §25-318 provides that debt incurred during the marriage is presumed to be community debt. Generally, the court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The court may also order the parties to submit a debt distribution plan. This means that within thirty (30) days after receipt of a written request for information from a litigant (which includes the court name and case number), a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. ## **Deferred Compensation, 401k, Retirement Benefits** The court will split these 50/50 if it was all acquired during the marriage. There is no penalty to divide and the money is not removed from the accounts. After the division, each party is subject to IRS rules for prematurely withdrawing the money. One spouse cannot create a tax liability for the other spouse. The money/account should not be withdrawn during the pending divorce. A Qualified Domestic Relations Order (QDRO) may be required if you are dividing your deferred compensation, 401k or retirement benefits. If this is the case, a QDRO expert may be necessary to divide these assets. The QDRO expert will require information concerning the date of your marriage and the date of the plan to value, which is usually the date the QDRO expert will draft the order to divide the asset. You will need to contact a QDRO expert for this. ## **Life Insurance** Life insurance can be negotiated during the pendency of your divorce. You and your spouse can agree to divide the policy. Typically, a court will order that the life insurance policy be sold (if applicable) and the parties will split the cash amount. **Categories:** CHAPTER 6: PROPERTY --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-5/) **Published:** December 22, 2022 **Author:** Cindy Best **Content:** ##### **Agreements on child support: Can my spouse and I agree on a child support amount that is different from the statutory calculation?** The Court can permit the parties to settle on an amount of child support that is different from the statutory calculation. In order to do so, however, both parties must sign a statement indicating that they are aware of what the child support would have been had they not entered into the agreement. You must attach a Child Support Worksheet to your decree. ##### **Income tax exemptions: Who gets the income tax exemptions for the children?** The federal and state income taxes exemptions for the children are also generally divided in proportion to the parties’ incomes. In order for the paying parent to claim the children during his/her year, the parent must be current in his/her child support obligation for that year. This is determined by statute, but may be modified by agreement of both parties. ##### **Parenting time: What if my spouse does not allow me to see my children. Do I still need to pay child support?** Yes, you still have an obligation to pay child support. You have an obligation to continue to pay child support until a court orders that you may stop. It is common for parents to want to withhold child support if the other spouse is not abiding by the court-ordered parenting time, but courts frown upon either party not following the court’s orders. ##### **When does my child support obligation end?** Child support orders apply to any child under the age of 18, or a child who is still attending high school or an equivalency program. Also, if a child is mentally or physically handicapped, the judge may order that support payments continue indefinitely, past the age of majority (18). ##### **Out-of-state child support order: Can I enforce an out-of-state child support order in Arizona?** Yes, you can enforce the out-of-state child support order. It will be necessary for you to register the out-of-state child support order with the Arizona courts, so that Arizona has jurisdiction and you have an Arizona case number. To “register” your case means that you will need a certified copy of your domestic relations file from the other state and file it with the Arizona courts. ##### **Do I have to pay child support if I do not have a job or lose my job?** Yes, you are under a court order to continue to pay child support. If the unfortunate circumstance occurs and a parent does not have employment, it may be necessary for that parent to request that the court modify the child support obligation to reflect the current situation. ##### **What can I do if the obligated parent does not pay child support?** If an obligated parent does not pay child support, you may file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. Often, all three of those issues go together. It makes sense to include those three issues in one petition, because if the obligated parent is not paying child support, you will want to ask the court to enforce the child support order in effect. You will also want the obligated parent to pay for the months he/she did not pay, along with any medical expenses he/she did not pay. Also be advised that it is appropriate in that petition to ask for the obligated parent to pay your attorney’s fees if you hire an attorney for this issue. ##### **Can child support be modified?** Child support is modifiable if there is a change in circumstances that would result in a 15 percent change in the support amount; moreover, the support terminates upon the emancipation of the child. In Arizona, emancipation occurs at age 18 or high school graduation, whichever occurs later, but not later than age 19. ##### **What about other child expenses that are not included in the child support worksheet?** One parent will be required to maintain health insurance for the children, and if there are any medical/dental/vision/orthodontia expenses not covered by insurance, the parties will often divide those expenses in proportion to their incomes. **Categories:** CHAPTER 5: CHILD SUPPORT --- ### [Child Support Factors to Establish Child Support](https://www.bestlawaz.com/coach_book/child-support-factors-to-establish-child-support/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** CHILD SUPPORT IS DECIDED UPON THESE BASIC FACTORS, PLUS WHATEVER ELSE EACH PARENT PAYS FOR: - Monthly salary of each parent - Age of children - Parenting time - Day care costs - Medical insurance - Extracurricular expenses - Number of other children not common to the marriage - Spousal maintenance ## **Affidavit of Financial Information** Every case with children must have a document filed called an Affidavit of Financial Information, to be filled out by both parents and notarized. Read all the fine print on this document. It requires you to attach the last three (3) years of taxes and at least six (6) months of pay stubs. (Please remember to *delete your Social Security and bank account numbers from these documents*. If you file these documents without those numbers being covered, they will become public record and you could be subjecting yourself to possible identify theft). In the Affidavit of Financial Information, you will outline your current monthly expenses, debts and income. It is understood that these numbers will change upon dissolution (divorce), but the court’s request is for the amount you are spending right now. The courts will analyze your financial position to determine how much child support you (or your spouse) should pay. We recommend that parents *omit the taxes* and supply the last three pay stubs; these can be produced without becoming part of your court file. The next page is a draft of an Affidavit of Financial Information that needs to be filled out if there are minor children in the marriage. This is a state-required form. You can find it on the court’s website, which is http://www.superiorcourt.maricopa.gov/sscDocs/pdf/drosc13f.pdf.        ## **Child Support Worksheet** The second required document is a Child Support Worksheet. Within this form, there are various boxes to input information such as your income and parenting time with the children. There are other factors that are also taken into consideration in determining this amount. The Child Support Worksheet will calculate who pays child support and how much mother or father shall pay in child support. Although you are able to access this form on the court’s website, we have provided this worksheet on our website for you to download. Please be advised that the court’s final determination may differ from your generated worksheet, but the worksheet should give you an idea of how much child support you will have to pay. There are two huge factors that determine a child support obligation: each parent’s gross wages and each parent’s parenting time with the child. On the other hand, there are other factors that will give a parent “credit” on his or her side of the child support worksheet. These factors include whether either parent has another child from a previous marriage, has health insurance, pays spousal maintenance or child support or pays daycare expenses, among others. Following is a copy of the short-form child support worksheet. We do not use the online form that Maricopa County provides. Like most attorneys, we use the short-form for child support calculations and provide several hypothetical cases so that you may see how child support will change when the factors change. ## **Examples of Child Support Calculations** Family #1 2 children: Born 1/1/10 and 1/1/99 Father’s Income: $60,000/annual Mother’s Income: $30,000/annual Additional children not from marriage: Father has 1 other child Primary Residential Parent: Father Mother’s Parenting Time 125 days of parenting time Health Insurance cost: $200.00/month (Father pays) Child Care cost: $800.00/month (Father pays) ##### **Family #1: Mother would pay $634.71 per month in child support.**  Family #2 2 children: Born 1/1/10 and 1/1/99 Father’s Income: $7.25/hour (minimum wage) Mother’s Income: $36.00/hour Primary Residential Parent: Equal parenting time Health Insurance cost: $150.00/mo. (Mother pays) Child Care cost: $0.00 ##### **Family #2: Mother would pay $477.05 per month in child support.**  Family #3 2 children: Born 1/1/10 and 1/1/99 Father’s Income: $120,000/annual salary Father pays spousal maintenance: $2000.00/month Mother’s Income: $20,000/annual salary Mother receives spousal maintenance: $2000.00/month Primary Residential Parent: Mother Father’s Parenting Time: 75 days of parenting time Health Insurance cost: $100.00/month (Father pays) Child Care cost: $0 ##### **Family #3: Father would pay $1,064.50 per month in child support.**  ## **How is Child Support Calculated?** Child support can be easily calculated under the Arizona Child Support Guidelines after several other variables have been determined. Specifically, the following information is required to calculate child support: 1. Each parent’s monthly gross income Gross income includes: receipt of spousal maintenance, Social Security, workman’s compensation, severance pay, commissions, disability benefits, unemployment benefits, retirement plans, interest, self- employment, bonuses, gifts, prizes (lottery winnings), rental income, trust income, pensions, annuities, dividends and capital gains. 2. The amount of spousal maintenance paid or received by either parent 3. The amount of court-ordered child support paid by one parent for support of children not common to the other parent 4. The cost to one parent of supporting children not common to the other parent 5. The amount of the medical insurance premium for the children 6. The child care expenses 7. The physical decision-making schedule Calculation of child support never includes a new marriage partner, only the two parents of the child. ## **Who Pays Child Support?** Using the above-described factors, the Child Support Worksheet and the court will be able to determine which parent (if either) should pay child support. The law provides that when the court grants a decision-making order, it also must decide what amount of child support should be paid by each parent under the Arizona Child Support Guidelines. Joint decision-making does NOT mean that either parent is no longer responsible to provide for the support of the child. ## **How Is Child Support Paid?** Child support must be paid in money – not in clothing or gifts. It must be paid through the clearinghouse in the state of Arizona if there is a court order for support. In Arizona, most child support payments are made through the “clearinghouse,” and, if possible, through wage assignment. If a parent is ordered to make child support payments through the clearinghouse, that parent shall send the payment to the clearinghouse directly, not to the other parent. The clearinghouse keeps track of all payments. If you have been ordered to make payments through the clearinghouse and you make payments directly to the other parent, those direct payments may be considered as gifts to the other parent. If that is the case, you will not be given credit that you paid child support that month and may be required to pay again to the clearinghouse. A **“**wage assignment” is now required for the payment of child support, and in some cases, for the payment of spousal maintenance (alimony). An assignment requires an employer or other payor (either a person or company) of a parent who is obligated by court order to pay a certain amount of child support each month to withhold that amount from the wages or money owed to the parent (employee) and to send that amount directly to the clearinghouse. This type of assignment applies to salary, wages, commissions and any type of payments received by the parent ordered to pay support. Either the person required to pay support or the person entitled to receive it can request an assignment order (A.R.S. §25-323 and §12-2454). **Categories:** CHAPTER 5: CHILD SUPPORT --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-4/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ##### **Do the courts favor mothers?** There is no such preference. There are many factors that the court considers, but courts do not favor mothers over fathers. ##### **How does the court decide decision-making? (A.R.S. §25-403)** The court looks at the following factors: 1. The past, present and potential future relationship between the parent and the child. 2. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. 3. The child’s adjustment to home, school and community. 4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time. 5. The mental and physical health of all individuals involved. 6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. This paragraph does not apply if the court determines that a parent is acting in good faith to protect the child from witnessing an act of domestic violence or being a victim of domestic violence or child abuse. 7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent. 8. Whether there has been domestic violence or child abuse pursuant to section 25-403.03. 9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time. 10. Whether a parent has complied with chapter 3, article 5 of this title. 11. Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. ##### **The court also evaluates decision-making with A.R.S. §25-403.01.** 1. In awarding legal decision-making, the court may order sole legal decision-making or joint legal decision-making. 2. In determining the level of decision-making that is in the child’s best interests, the court shall consider the factors prescribed in section 25-403, subsection A and all of the following: 3. The agreement or lack of an agreement by the parents regarding joint legal decision-making. 4. Whether a parent’s lack of an agreement is unreasonable or is influenced by an issue not related to the child’s best interests. 5. The past, present and future abilities of the parents to cooperate in decision-making about the child to the extent required by the order of joint legal decision-making. 6. Whether the joint legal decision-making arrangement is logistically possible. 7. An order for sole legal decision-making does not allow the parent designated as sole legal decision-maker to alter unilaterally a court-ordered parenting time plan. 8. A parent who is not granted sole or joint legal decision-making is entitled to reasonable parenting time to ensure that the minor child has substantial, frequent, meaningful and continuing contact with the parent unless the court finds, after a hearing, that parenting time would endanger the child’s physical, mental, moral or emotional health. ##### **We are not yet divorced and my wife took the kids to New York.** Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court. ##### **Can I stop my spouse from dating when she has the kids?** No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests, but keep your children safe. You might want to know the person’s birth date and Social Security number so you can run a background check on him/her. You have a right to know your children are safe. ##### **How much do I have to pay for the kids?** It all depends; this is discussed in Chapter 5 regarding child support. ##### **Can the other parent schedule soccer for the kids when they are supposed to spend time with me?** It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not “your time;” it is your child’s childhood. ##### **My wife has the kids every other weekend, but she works and leaves them with her mother. What can I do?** You could have an agreement called a “right of first refusal.” This is a common provision, which reads that if one parent who has the kids is gone for more than four hours, s/he will call the other parent and offer them the “right” to parent the kids before anyone else. If the other parent is busy, then parent number 1 can leave the kids with a responsible person of their choice. But it often might be a good idea to allow the grandmother and the kids to bond. Did you encourage this relationship when you were still married? If so, why not continue it? ##### **My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children, instead of her boyfriend?** The right of first refusal would apply. Also, you have every right to know exactly who is taking care of your children when your spouse is not home; this includes name, address, phone number and ID information, so you can do a background check if you desire. This is not to say that you use such requests as harassment; in fact you have a similar obligation to your spouse to let her know with whom you are leaving the kids, if anyone. You both have the continuing job to make sure your children are safe. ##### **My husband smokes pot almost daily. Should he have parenting time with the children?** Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: [www.tascaz.org.](http://www.tascaz.org/) You might want to consult with an attorney, as this issue can become complicated. ##### **My spouse has physically abused me. Can he still have decision-making of the kids?** Significant domestic violence is contrary to joint legal decision-making. This is also beyond the scope of this book. Please consult with an experienced family law attorney. (See Chapter 13.) ##### **My 14-year-old does not like her father. Should I make her go visit him?** Do you know why she does not like to visit him? If the child is safe and his house is safe, you should do everything you can to encourage the relationship. The child may be taking on your negativity or Father may just not be a very attentive parent. Help Father be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent. ##### **My ex-mother-in-law is coming for vacation. She wants to see our kids for a concert on my Saturday. I am afraid if I give in, I will always be giving in. Should I let my kids see her?** Yes, you should very seriously consider it. Do your kids want to go? Remember, while this is “your” time, it is also their childhood. Try to negotiate and get make- up time or be gracious and let it go, knowing that your former spouse will return the favor when your parents come to town. Keep your kids first. Ask yourself, would I have allowed this if I were still married? ##### **My former spouse wants to go on a cruise to Mexico. I will not let the kids get passports. Can he get my children passports without my approval?** This can get sticky, because there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Sometimes the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your former spouse has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern. ##### **We decided our kids would be Catholic. My spouse will not take them to mass on her Sundays. Can I ask the court to make my spouse take our children to mass?** The court will generally not mandate where each parent takes the children to worship on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court may enforce it. ##### **My son wants to go to his band banquet on Friday night, but it is my parenting time and I do not want him to go. Should I let my son go?** Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet, then take a step back and think about your son’s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is “your” time. You should carefully consider whose needs you are thinking about. We have heard on more than one occasion that it is “not in the child’s best interest” to be involved in school activities during one parent’s time, but that is simply not the case. It is important that, as a parent, you stay involved in your children’s lives. ##### **How does decision-making affect child support?** The parenting time arrangement is one factor considered in the worksheet (see Chapter 5.) The more time you have your child, the more expensive it is. ##### **We have not been to court yet and there are no orders. Who gets the kids right now?** It is basically a free-for-all, unless the two of you can decide. Just remember that what you do now can be reported to the court later. If you unreasonably keep the children away from one parent out of vindictiveness, that will be detrimental to your obtaining legal decision-making. ##### **Can I get temporary decision-making?** Yes. You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule. ##### **We have a parenting schedule that we both agree with. Can we put it in writing?** Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69, which will be valid in court. You can attach it to your joint parenting agreement or rewrite into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce, just so you have some certainty. ##### **My husband never really helped parent the kids, but now he wants 50/50 time with them. Is he likely to get 50/50 parenting time?** History of care giving is only one factor in determining the best interests of the children. Perhaps he never had the chance to co-parent in the past. But if he is doing a good job, the kids are happy and he is learning to be a good, involved father, congratulations to your family! Fathers often shift their work focus after a divorce so they can stay involved in their children’s lives, and that is a good thing. ##### **My husband is doing whatever I do. If I take the children for ice cream on my weekend, he does it on his next visit. When I started reading books to them at night, he started doing it on his parenting time. I bet he is just doing it to look good. What gives?** Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids. ##### **Will the court tell me when I can see my kids?** Only if you and your spouse cannot agree. You really do not want to turn this life- changing decision over to a stranger who will only get to know your family in an hour or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue, and you must have the help of the court to protect your children. ##### **Will my kids have to go to court?** No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the conciliation services may choose to interview your children as part of a parenting conference. Children over the age of 6 or 7 can usually be interviewed. ##### **I think my spouse’s behavior reflects instability and potential likelihood for harm to my children if my spouse does not undergo the proper treatment. Is there anything that I can ask the court for?** This is beyond the scope of this book, but you could ask for a Rule 63 psychological examination or a decision-making evaluation. ##### **What is a parenting conference?** It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party. (See “Parenting Conference Through the Courts,” earlier in this chapter.) **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Other Parenting Time Issues](https://www.bestlawaz.com/coach_book/other-parenting-time-issues/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ## **Holidays and Summer Vacations** These should be spelled out in your parenting agreement. Here is a short sample of holidays. You need to decide drop off and pick up times and when a day starts. Most parents agree that the receiving parent picks up. **SAMPLE HOLIDAY/VACATION****SCHEDULE** **Even Years****Odd Years**New Year’s Eve**Mother****Father**New Year’s Day**Father****Mother**Easter**Mother****Father**Spring Break**Father****Mother**Memorial Day Weekend**Mother****Father**Summer Break**Father****Mother**July 4th**Mother****Father**Labor Day Weekend**Father****Mother**Fall Break**Father****Mother**Thanksgiving Day**Mother****Father**Winter Break**Father****Mother**Christmas Eve**Father****Mother**Christmas Day**Mother****Father**Hanukkah**Mother****Father**Child’s Birthday**Both parents****Both parents**Mother’s Birthday**Mother****Mother**Father’s Birthday**Father****Father**Mother’s Day**Mother****Mother**Father’s Day**Father****Father**Example: For all three-day weekends: the parent who has the children over the weekend will keep them on the Monday holiday. ## **Summer Vacations (Uninterrupted Parenting Time)** You need to decide how long each parent can spend uninterrupted with the children during the summer. Possibilities range anywhere from one week to the entire summer, if there is a non-custodial parent (especially one who lives out of state and cannot see the children often during the year). It is a good idea to provide a deadline, such as May 1, in even-numbered years for parent number 1 to put in writing his vacation plans so there is no conflict, especially if there are work schedules, other family members, and airline tickets to consider. ## **Telephone Contact** It is important to recognize in writing that each parent must always allow reasonable telephone contact daily and always provide a written itinerary with emergency phone numbers, addresses, flight numbers and the like. All this should be in writing in your parenting agreement. ## **Parent Information Class** You will be required to go to a parenting class for your divorce. These classes focus on your children, just as you should focus on your children. They did not ask for this divorce. They love both Mom and Dad. Most likely, they do not want this divorce, nor do they have any power to stop it. They are absolutely stuck. So, please do not use your children as weapons; remember that when you criticize the other parent, you criticize half the child. ## **Parenting Conference Through the Courts** This meeting can be ordered by the court or requested by the parties. It is a conference with a professional to help the parents agree on a schedule and decision-making. It currently costs $300 per parent. The end result is a report given to the judge with all agreements by the parents in writing. The report also provides the judge with a history of the parties and facts about the family and the children. The report may also make a recommendation about a schedule and decision-making if the parties cannot agree. The court is free to adopt or create its own parenting agreement and decision-making arrangements. This conference is usually a good way for parents to negotiate with a professional who can help them. If the parents know what they want, they can make agreements on their own, without the assistance of a professional. Prior to the conference, both parties are requested to fill out an information packet to help provide the conference officer a clear picture of the family. Here are some sample questions that may be included in your information packet from your parenting conference conciliator. ## **School Records and Medical Records** Each parent, no matter the decision-making or parenting arrangements, has access to the minor child’s school records and medical records. (See A.R.S. §25-403.06). ## **Mothers Unmarried to Fathers** When the mother is unmarried to the father, the mother has sole legal decision-making and sole physical decision-making, unless the parties make another arrangement or a court orders otherwise. A parent needs to file and ask for paternity (or paternity can be admitted), child decision-making and child support. That does not mean that an unmarried father cannot see his child without the court. The two parents can draft their own agreement and sign and date it, and it will become a court-enforceable agreement. They can also share parenting time without an agreement, but it is better to put it in writing. And, they should always have a written child support plan, usually paid through the Arizona Clearinghouse. (See Chapter 5.) Conclusion: In closing this section on decision-making, we offer the following poem written by a father going through a divorce: **The Bonding** By Matthew Weissner My son and I, we walk alone. Through the park, midst grass and stone. Stop to feed the ducks by the edge of a pond. Trying to form, that so special bond. He’s so very young and alert and aware. The light is on full, as his curiosity stares; At all that he does, that he sees and he hears. It’s a big wide world, and he has no fears! I want him to know always, that somebody cares. No matter what, I will be there! I gave him life; his love saved mine. Our special bond will surpass all of time. I want to know what thoughts, are on his mind. I want to feel the needs of his heart. I’d like to help him to seek and to find. I need to give him one awesome start! Along the road we’ll learn and grow. Bubble baths, make believe and nasty colds. Bedtime “Stories That Never Grow Old.” “Dad, may I borrow the car, if I can be so bold.” Together we will forge that special bond. Ripples cascading, rings in a pond. Through the park, midst grass and stone; My son and I, we walk alone. **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Child Decision-making Questionnaire with Parenting Time and Holiday Schedule](https://www.bestlawaz.com/coach_book/child-decision-making-questionnaire-with-parenting-time-and-holiday-schedule/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** This may help you decide the Best Interests of your child. Child’s Full NameDate of BirthCity of BirthHave there been any other proceedings regarding decision-making of your children? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, where? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Where (at what address) does your child/ren currently live? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ With whom? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ For how long? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What is your educational level? What is your spouse’s educational level? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Do you or your spouse have any children from a previous relationship? If yes, list names, date of birth, and place where they live. 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Do you have any specific physical or emotional health problems? If yes, please describe: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Does your spouse have any physical or emotional health problems? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, describe: Do your children have any physical or emotional health problems? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, describe: Is any special treatment of your child required? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Any special medication? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who is your child’s doctor? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dentist? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who takes your child to the doctor? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who takes your child to school/day care most days? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What school/day care does your child attend? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who helps with homework? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who reads bedtime stories? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who takes care of bathing the children? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who attends parent-teacher conferences? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who prepares the child’s meals? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who does the grocery shopping? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who does the clothes shopping? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who does the dishes? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who does the child’s laundry? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Is your child involved in any activities? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, describe: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who goes to the games? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who is the coach or teacher? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Is your child involved in any other type of activity, group, club, or hobby? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, describe: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who is your child’s teacher? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What is your religious affiliation? Your spouse’s? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Does your child attend church with either parent? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Has your child expressed a preference for where he/she would like to live? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ If yes, who? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Who has provided the primary care of the child since birth? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Do you believe that you should have primary physical decision-making of your child? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Do you believe that you and your spouse can peacefully make decisions regarding your child in the future? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **JOINT LEGAL DECISION MAKING**: The condition under which both parents share legal decision-making and neither parents’ rights are superior except as specifically set forth by the court or by decision of the parents. Can you share in making decisions jointly about: (Yes or No) Medical issues? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ School issues? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Religious issues? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Recreation issues? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **JOINT PHYSICAL CUSTODY**: The condition under which the physical residence of the child is shared by the parents in a manner that assures that the child has substantially equal time and contact with each parent. It is possible to have joint legal decision-making and one parent have primary physical decision-making and the other parent has parenting time. Please answer the following and explain in detail: 1. What do you wish for legal decision-making? 2. What are the child’s wishes for legal decision-making? (Do not ask the child if you do not already know.) 3. What is the child’s relationship with the parents and other family members? 4. What is the child’s adjustment to home, school, and community? 5. What is the mental and physical health of everyone involved? 6. Which parent is more helpful in facilitating parenting time with the other parent? 7. Who has provided primary care of the child in the past? 8. Has either parent used coercion to obtain a decision-making agreement? 9. Have the parents gone to the required parenting class? 10. Has either parent filed a false report of abuse or neglect? **Parenting Time Worksheet** 1. Which parent will have primary physical decision-making of the child (with whom will the child live with primarily, more than half time)? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2. Will the parents have an approximately equal parenting time plan with the child(ren)? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 3. What is address of the child’s primary residence or the address the child will use for school and other information? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 4. If there is joint physical decision-making, what is the day-to-day schedule for the child? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Parenting Time Calendar**SMTWTFSWeek OneWeek TwoWeek ThreeWeek FourWeek Five1. Who will drive and pick up? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 2. At what time? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ How will the parents communicate? (Via email, phone, text, etc.) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Do the grandparents have special time with the child? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Will the child go to day care or a babysitter? If yes, who? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Will the other parent have first right of refusal? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ What last name does the child use? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [What About the Children?](https://www.bestlawaz.com/coach_book/what-about-the-children/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Our guess is that you are very concerned about how your divorce will affect your children, which is why you are reading this book, to figure out how to be part of an uncontested divorce. Perhaps all you need to know can be clarified with this story by Cindy Best: I was a mediator in a case not long ago where the divorced parents were fighting over an issue that, along with many others, had been an ongoing battle for more than 10 years. I thought for days about how to settle this case, but I had no idea really how to help these parents. On the day of the mediation, as I drove to the office, two questions came to mind that I needed to ask these parents: 1. What is the worst thing that ever happened to your children? 2. What is the second-worst thing that ever happened to your children? I spoke with the father in a separate conference room and I asked him these two questions. He replied, “the worst thing that ever happened to our children is our divorce. The second-worst thing that ever happened is the constant conflict after the divorce.” Then he added, “I have those two things reversed.” When I spoke with the mother, she answered, “the worst thing that ever happened to our children has been the conflict since the divorce. The second worst thing was the divorce.” These two wise parents knew what they had been doing to their children for more than 10 years! But they could not stop. On this day, they did. Once they both recognized and admitted what they had been doing to their children, they settled their ongoing issue. They knew that nothing was more important than their children, but I fear that it was too late for their kids, the damage had been done. Children who grow up in constant conflict may turn to drugs, drop out of school, become abusers or victims of abuse. Their lives may be adversely affected forever; they have been robbed of their childhood. Maybe this story will help you and your children. For the sake of your children and their future happiness, please avoid the conflict. Your interests are not the most important issue in your divorce, your children’s interests are the most important. It really is all about them. **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Parenting Time Schedules](https://www.bestlawaz.com/coach_book/parenting-time-schedules/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Parenting time is the scheduled time a non-custodial parent can spend with a child. There are a variety of parenting time schedules that can be set up by a family, and the schedules can be as different as the families who use them. ## **Important Factors to Consider When Choosing a Plan** - the child’s age, maturity, temperament and strength of attachment to each parent - any special needs of the child and parents - the child’s relationship with siblings and friends - the distance between the two households - the flexibility of both parents’ work schedules and the child’s schedule to accommodate extended access - childcare arrangements - transportation needs - the ability of the parents to communicate and cooperate - the child’s and parents’ cultural and religious practices - a parent’s willingness to provide adequate supervision, even if the parent has not done so in the past - a parent’s ability and willingness to learn basic care-giving skills such as feeding, changing and bathing a young child, preparing a child for daycare or school or taking responsibility for helping a child with homework - a parent’s ability to care for the child’s needs ## **Model Parenting Plans for Birth to Age Three from the 2001 Maricopa County Parenting Guidelines** The following is from the Maricopa County Parenting Guidelines from 2001. These are located online at [http://www.azlawhelp.org/documents/ModelParentingTimeGuide.pdf.](http://www.azlawhelp.org/documents/ModelParentingTimeGuide.pdf) Additional guidelines may be found at ***Birth to 12 Months*** Infants learn at a rapid rate. They are learning to love and trust familiar caregivers. Infants learn to attach to parents and others through consistent, loving responses such as holding, playing, feeding, soothing, talking gently and lovingly and meeting their needs promptly. They begin to respond to the different (but equally valuable) types of parenting mothers and fathers provide. Infants cannot retain experiences over time, so it is important that they have frequent contact with both parents and a predictable schedule and routine. But infants can retain “emotional memories” of conflict that can have long-term negative effects, so parents should not argue when children, even infants, can overhear. By six months, infants can recognize their parents and other caregivers and may become uneasy around strangers. Regular caregivers are able to recognize their signals for food, comfort, and sleep. When away from them, infants may become anxious and may experience eating and sleeping problems. At this young age, it is important to maintain the infant’s basic sleep, feeding and waking cycles. Schedules should be adjusted so that disruption does not occur. For example, in creating access plans for this age group, parents should consider the special needs of breast-feeding infants. **Plan A(1)**: Three periods of 3-6 hours, spaced throughout each week. Comment: Frequent contact helps the parent and child bond. **Plan A(2)**: Two six-hour periods spaced throughout each week. Comment: This plan is helpful when the parents’ work schedules or their levels of conflict make more frequent exchanges difficult. Because there are only two visits each week in this plan, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: Two three-hour periods and one eight-hour period spaced throughout each week. (See Plan A above for Vacation and Holidays) **Plan C**: Two periods of three to six hours and one overnight each week. **Vacation**: Presuming that Plan C overnights have been ongoing, parents may have three consecutive overnights, weekend or midweek, twice each year. Each parent shall give the other parent thirty days written notice of vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. ***12 to 24- Months*** One- to two-year-olds are becoming more aware of the world around them and the people who are frequently in contact with them. A baby at this age can be attached to many caregivers including grandparents, other extended family members, daycare providers, babysitters and family friends who are frequently in contact with the child. One- to two-year-olds are also becoming independent and are developing the ability to comfort themselves by thumb sucking or holding onto favorite blankets or toys. Their sleeping and eating schedules are also becoming regular. They continue to respond to the different (but equally valuable) types of parenting mothers and fathers provide. Two-year-olds commonly test parental limits (“terrible twos”) and appropriate parental responses can build the child’s self-esteem for years to come. Transitions between homes may become difficult for some one- to two-year-olds and they may become upset at these times. Some resistance to exchanges is normal for some children. This behavior does not necessarily mean that the other parent is not a good parent or that the child does not want to be with the other parent. Parents can make exchanges easier for the child by following predictable schedules and by supporting the child’s relationship with the other parent. **Plan A(1)**: Three periods of three to six hours spaced throughout the week. Comment: frequent contact helps the parent and child bond. **Plan A(2)**: Two six-hour periods spaced throughout each week. Comment: This plan is helpful when the parents’ work schedules or their levels of conflict make more frequent exchanges difficult. Because there are only two visits each week in this plan, bonding between the parent and child may proceed more slowly and the child may experience some difficulty going from one parent to the other. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: Two four-hour periods and one eight-hour period spaced throughout each week. (See Plan A above for Vacation and Holidays). **Plan C**: One daytime period of three to six hours and two non- consecutive overnights each week. **Vacation**: Presuming that Plan C overnights have been ongoing, parents may have one period of three consecutive overnights, midweek or weekend, with children 12 to 18 months olds. After the age of 18 months, parents may have two one-week periods separated by at least four weeks. Each parent shall give the other parent thirty days’ written notice of his/her vacation plans and an itinerary of travel dates, destination and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. ***24 to 36 Months*** Ages two to three are an important time for children to develop independent skills. Although children this age are learning to be independent, they may still cling to their caregiver and resist separation. They may be negative and say “NO!” to parents’ requests and demands just to express their independence. They may also be fearful about unfamiliar activities and objects. Predictable, regularly scheduled routines help children manage their fears and help them learn that the world is a safe place. Moving between parent’s homes may become difficult for children at this age and they may become upset. This behavior does not necessarily mean that the other parent is not a good parent or that the child does not want to be with the other parent. Parents must ensure that the transitions between the two parents’ homes are free of parental arguing and tension. **Plan A(1)**: Two three- to four-hour periods and one eight-hour period spaced throughout each week. **Vacation**: Time blocks that vary significantly from the above are not recommended. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan A(2)**: Two periods of three to six hours and one overnight each week. **Vacation**: Presuming Plan A(2) overnights have been ongoing, parents may have two one-week periods separated by at least four weeks. Each parent shall give the other parent thirty days’ written notice of his/her vacation plans and an itinerary of travel dates, destinations and places where the child or parent can be reached. **Holidays**: When holidays or special occasions like Father’s Day, Mother’s Day and birthdays do not fall on a parent’s access day, parents should consider dividing them consistent with the time blocks noted above. **Plan B**: One period of three to six hours and two non-consecutive overnights each week. Comment: Ideally a child this age should not be separated on a regular schedule from either parent for longer than three days. **Vacation**: Presuming that Plan B overnights have been ongoing, Use Plan A(2) vacation plan above for this age group. **Holidays**: See Plan A(2) Holidays above for this age group. **Plan C**: One period of three to six hours and two consecutive overnights each week. **Vacation**: Presuming that Plan C overnights have been ongoing, use Plan A(2) Vacation plan above for this age group. Here are some popular parenting time schedules. ## **Parenting Time Schedules for Non-Custodial Parent** Situation #1: The children are with the non-custodial parent every-other weekend. (In this sample, Mom is the non-custodial parent.) SunMonTuesWedThuFriSatDAD1DAD2DAD3DAD4DAD5MOM6MOM7MOM8DAD9DAD10DAD11DAD12DAD13DAD14Situation #2: Dad is the non-custodial parent. The children are with Dad every other weekend from after school/work on Friday until Sunday at 6 p.m. or Monday when they return to school. Also, Dad has parenting time every Wednesday after school until bedtime or Thursday when they return to school. All other times, the child is with Mom. SunMonTuesWedThuFriSatMOM1MOM2MOM3DAD4MOM5DAD6DAD7DAD8MOM9MOM10DAD11MOM12MOM13MOM14## **Common Joint Schedules: 50-50 Parenting Time** ##### **A 5-5-2-2 Schedule** This schedule is popular when parents want the children on a set schedule during weekdays. For instance, one parent has the children every Monday and Tuesday and every other weekend Friday through Monday. The other parent has the children every Wednesday and Thursday and the alternate weekends. This schedule is helpful when a child has dance or soccer the same day every week, that way one activity does not intrude on the other parents’ schedule. If five days is too long to be away from one parent, sometimes the parents provide each other an evening during the other parents’ five-day parenting time, such as Wednesday from 4-7 p.m. Sample 5-5-2-2 schedule (Week 1, Week 2, and then repeat.) SunMonTueWedThuFriSatWeek 1DAD1MOM2MOM3DAD4DAD5MOM6MOM7Week 2MOM8MOM9MOM10DAD11DAD12DAD13DAD14##### **A 3-2-2-3 Schedule** This plan can be used when a child is too young to not see a parent for 5 days. Sample 3-2-2-3 Schedule (Week1, Week2, Week 3, and Week 4) SunMonTueWedThuFriSatWeek 1DAD1MOM2MOM3MOM4DAD5DAD6MOM7Week 2MOM8DAD9DAD10DAD11MOM12MOM13MOM14Week 3DAD15DAD16MOM17MOM18DAD19DAD20DAD21Week 4MOM22MOM23MOM24DAD25DAD26MOM27MOM28##### **Every Other Week Schedule (or Week On, Week Off Schedule)** Every other week is another popular schedule. You will need to determine when the week starts and ends and who picks up the kids where. The children are with one parent for seven days and then with the other parent seven days. Sample of every other week schedule SunMonTueWedThuFriSatMOM1DAD2DAD3DAD4DAD5DAD6DAD7DAD8MOM9MOM10MOM11MOM12MOM13MOM14 **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Decision-Making Thoughts](https://www.bestlawaz.com/coach_book/decision-making-thoughts/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Do not let your children become your battleground. If you and your spouse are good parents, everything can be worked out. These admonishments do not apply to the parents who find themselves in the ugly predicament dealing with domestic violence, child abuse, drug abuse or mental disorders. Those parents may need to fight to protect their children. This book and these comments are not directed to those tragic situations. Help can be found at our website, through an attorney, at a domestic violence website or through legal aid for those difficult, contested cases. *Interest Of The Child* *© Marsha K. Moore* *What is in the best interest of the child* *Parents fighting in the home* *When one decides to roam* *Parents fighting when they split* *When they no longer give a shit* *Parents playing the child one against the other* *Teaching the child there’s no value in being a father or a mother* *Or is it simply* *Parents being the best that they can be* *Speaking to one another cordially* *Parents setting aside their differences they feel* *To show their child what is truly real* *Parents’ being what is necessary to be* *To make the child’s life happy and healthy* *The ‘best interest’ is* *That the child grows up to be the best that they can be* *Will that be to handle things in a way of hurt or harmony* *The bottom line is* *We should want them to grow up to be great* *Don’t let your hurtful ways decide their fate* *So when it comes to what is in the best interest of the child* *Be the parent that shows them you can make it thru the trials* *Being the father or the mother* *That puts the needs of the child’s before any other* **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Parenting Time](https://www.bestlawaz.com/coach_book/parenting-time/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ## **Equal Parenting Time** As described in Chapter 1, equal parenting time means that the physical residence of the child is shared by both parents almost equally. Where the child lives primarily with one parent and has visitation (now called parenting time) with the other, generally, the parent with whom the child primarily lives will have primary parenting time, with visitation to the other parent. Equal parenting time (approximately 50/50) works best if parents live relatively near to each other. It lessens the stress on children and allows them to maintain a somewhat normal routine. Equal parenting time has the advantages of assuring that children continue their contact and involvement with both parents, and alleviating some of the burdens of parenting for each parent. There are, of course, disadvantages, which include shuttling children around, negative effects on children in the event of parental non-cooperation or ill-will, and the expense of maintaining two homes for the children. As your child grows, his needs may change as well. It is not beneficial to change the schedule of a baby less than 2 years of age often, yet when a child is 9 or 10, the situation is much different. Courts generally will not hesitate to award primary parenting time to one parent if the other parent is deemed unfit. Parents are often deemed unfit if there is domestic violence, alcohol or drug dependency, a boyfriend or girlfriend who is unfit, or any child abuse, neglect or criminal behavior. It is understandable that there may be animosity between you and your ex-spouse, but it’s best not to seek primary parenting time just because you want your children with you. Always consider what is in the child’s best interests. It is perfectly fine to decide whatever you and your partner think is best for your children. Equal parenting time is not always a good idea, especially when the child is an infant or toddler. **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Sole and Joint Legal Decision-Making](https://www.bestlawaz.com/coach_book/sole-and-joint-legal-decision-making/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** The courts do not always explain decision-making in terms of sole and joint legal decision-making, but it is easier to grasp when you understand the two separate concepts. Legal decision-making is who makes the legal decisions for your children. The two primary options for decision-making are joint or sole legal decision-making. With joint legal decision-making, you and the other parent will make all decisions together, after consultation. In sole legal decision-making, one parent has the legal right to make all decisions (see questionnaire at the end of this chapter). ## **Equal and Primary Parenting Time** Parenting time involves where the children live and when they see each parent. Again, it can be equal parenting time, in which the children live with each parent approximately the same amount of time. If one parent has primary parenting time, then the other parent has parenting time less than 50 percent of the time. This is a less than 50-50 parenting schedule. So, the two choices are either equal parenting time or primary parenting time. Parenting time can be handled in a variety of ways. You can have sole legal decision-making and joint parenting time. You can also have joint legal decision-making and one-parent, primary parenting time (worksheets appear at the end of the chapter). ## **Specific Issues** You and the other parent will need to determine how you share parenting time, how you decide, what to do when you cannot decide, where the kids live at what times, how to split holidays, who pays for the children, who pays for extra- curricular activities and who picks them up and drops them off. These details can be worked out with parenting plans and honest discussions between the parents, always keeping the needs of your children paramount in your negotiations. There are as many parenting plans as there are families. You can be creative for what works for your family, remembering that a good spirit and flexibility will ensure that your children do not become the collateral damage of your divorce. ## **Legal Decision-Making Issues** Hypothetically, let’s say that your child needs braces. Can you get them, and who pays? What if you want your children to be raised Catholic, but your spouse refuses. What if you want your son to play football, but your spouse objects that it is on “her time.” Your son needs medication for ADD, but your spouse refuses to allow it. These problems are almost infinite and can cost a great deal of anguish, anxiety and conflict if they are not dealt with upfront during the divorce. The last thing your child needs is a decade or so of conflict. The divorce is difficult enough, and chronic conflict can have a lifelong, devastating impact. So, how do you resolve these issues? Legal decision-making is the right of a parent to make important decisions regarding education, health, recreation and religion. Joint legal decision-making leaves these decisions up to the parents together. That presents the inevitable problem of who gets to break the tie? You must put in a tiebreaker provision in your parenting agreement. For instance, you could mediate all ties, before going back to court. Your mediator in this situation can be an attorney, pastor, grandparent, social worker, counselor, psychologist or anyone else who can help you. You could decide that one parent can break the tie in two matters and the other parent breaks the tie in the other two areas. You could attempt to negotiate as many of these issues during the divorce as you can anticipate. If you know your child will need braces, plan for it now and negotiate it now, before anger or other future partners muddy up the water. Let’s say that you know your child will play soccer and it will be played on Saturdays. Saturdays are both Mom’s and Dad’s parenting time on every other weekend. You can write into your agreement that sports that fall on the non-residential parent’s parenting time can be made up by agreement of the parties. Soccer that falls on both parents’ time alternately, when the parents have 50-50 parenting time, will not be a reason to keep the child out of sports and there will be no make-up time. If you know that one grandparent always takes the kids to the lake in the summer for a week, write that into the agreement now. But do not put your child in the middle. We repeat: do not put your child in the middle. EVER! Best Law Firm has a joint parenting agreement that will help anticipate these issues. You should attach such an agreement to your decree, because it is required by the court. (Please see the partial example in this book or our website for document drafting services, where we can draft a joint parenting agreement specifically tailored to your family). We can draft a parenting agreement for a flat fee, either implementing what you and your partner have agreed to, or what has been mutually negotiated through mediation with our attorneys. The more you can decide now and put in writing during the divorce process, the less chance you have of future disagreements. The last thing in the world you want is to argue over every decision about every sport or every activity your child ever participates in. Remember, it is not “your” parenting time, it is your child’s time and his or her childhood. You will have a much better relationship with your child if you are not thwarting his or her every move, just because it is inconvenient for you. ## **Assistance with Parenting Plans and Agreements** Our experienced attorneys at Best Law can help you and your spouse draft a negotiated parenting and decision-making agreement. We can provide insight and anticipate future problems. We provide this service at an hourly rate and provide you with a court-approved form at the conclusion that can be filed with the court, along with your decree. ##### **Every parenting plan needs:** 1. Each parent’s rights and responsibilities for the personal care of the child and for decisions in areas such as education, health care and religious training. 2. A schedule of the physical residence of the child, including holidays and school vacations. 3. A procedure by which proposed changes, disputes and alleged breaches may be mediated or resolved, which may include the use of conciliation services or private counseling. 4. A procedure for periodic review of the plan’s terms by the parents. 5. A statement that the parties understand that joint decision-making does not necessarily mean equal parenting time. **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Who Will Take Care of the Children and Where Will They Live?](https://www.bestlawaz.com/coach_book/who-will-take-care-of-the-children-and-where-will-they-live/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Where will your children live and who will make decisions about them? These are the two major issues that you and the other parent must decide. This will depend on how far apart you live from each other, how old your children are, school hours, work hours, the care provider situation, the family support system and to some extent, the desires of the children. You are trying to do what is in your children’s best interests. This has been defined by statute in Arizona: A.R.S. 25- 403 in the appendix. **Categories:** CHAPTER 4: CHILDREN AND CUSTODY --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions-3/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** **What is the difference between a legal separation and a divorce in Arizona?** An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences. In both cases, the court will issue final orders dividing the spouses’ debts and assets, enter decision-making and parenting time orders regarding the parties’ children and enter child support and spousal maintenance orders. Additionally, the community property rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry. **Why would someone choose a legal separation over a divorce in Arizona?** Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, some of those reasons may be: religion, health insurance and debts, such as gambling. Also, circumstances may exist in which a spouse has a significant physical ailment that would not be covered by his or her health insurance plan or by some other plan if the parties were divorced. In some circumstances, a legal separation may provide a more suitable alternative to a divorce. ##### **How do I obtain a legal separation in Arizona?** A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court. The petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case, or the issues are presented to the court at a trial, after which, the judge issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce. ##### **May I stop an Arizona legal separation proceeding?** You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition, but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the court enters a final Decree of Legal Separation. ##### **May I later convert an Arizona legal separation to a divorce?** You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. ##### **What does the court do if one spouse seeks a legal separation and the other spouse seeks a divorce?** The court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The court must allow the divorce to proceed if either spouse requests a divorce. ##### **How do I start a legal separation?** To start a legal separation, one party needs to file a petition for legal separation. There are two different petitions; one for families with children and one for families without children. The petition must be served on the other party, just as in dissolution. ##### **Who gets to live in the home and how are bills paid during the period the legal separation is being prosecuted?** These issues can be addressed by agreement between the parties, but if you do not have agreements, the court can grant temporary orders to address specifically those and other issues. These temporary orders will govern until the case is finished. This is the same process in a dissolution. ##### **What happens if I get served with separation papers?** Many people simply ignore the papers they receive, or simply take the word of the other spouse that they do not have to do anything. Ignoring the paperwork and failing to file a response can lead to disaster. Despite how much you may want to cooperate with your spouse, or be unable to react due to the emotional stress, you cannot ignore the paperwork. A divorce or separation is like any other civil lawsuit. If you do not respond, you will be in default and can lose many rights that could have protected you. ##### **Does it matter who files first?** In Maricopa County, the party who files first will have his or her case set in the courthouse nearest their address. There are four courthouses in the Valley and you may prefer being in one location rather than another. ##### **Do all separations have to go to trial?** No, in fact the majority of separations in Arizona eventually settle without the need to go to a final trial. But, if you are unhappy with the settlement proposals being made by your spouse or they are refusing to accept your proposals, then you may need to mediate, obtain counsel, or go to trial. **How are property and debts divided in a legal separation?** Arizona is a community property state. This means that any property that was obtained, income acquired or debt incurred during the marriage will most likely be divided evenly. Property that was gifted to or inherited by one spouse or was owned by a spouse prior to the marriage is considered separate property and may be protected from the claims of the other spouse. This is the same law that applies to property in a dissolution. (Please see Chapter 6.) **Categories:** CHAPTER 3: SHOULD I GET A DIVORCE OR LEGAL SEPARATION? --- ### [Children and Legal Separation](https://www.bestlawaz.com/coach_book/children-and-legal-separation/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** If, regarding children, you want to have different decisions in a divorce than were made in a legal separation, you can do so. Children are an exception to the general rule that decisions in a legal separation are final in a divorce. You and your spouse can make certain decisions and agreements for a legal separation concerning children, and you then are free to renegotiate or litigate those decisions in a subsequent divorce. Please recognize that there is some duplication of documents, times and litigation expense if a legal separation turns into subsequent divorce. If the person who filed for a legal separation decides that he or she prefers a divorce, then that spouse may file a petition to modify the original petition and request a dissolution instead. If one spouse files for a legal separation, however, and the other party wants a divorce, that responsive party can convert the legal separation into a divorce without the consent of the party who filed first, and without paying additional filing fees. Do not be lulled into thinking you are just getting separated, when your initiating separation may, in fact, cause your partner to respond with a divorce. You may find yourself trying to stop a runaway train if you file for a legal separation, falsely believing that a divorce cannot result from your initial filing. Use caution in filing any papers, and never use it as an attention-getting device, because it may go further than you wanted. Remember, if either party wants a divorce, there is nothing you legally can do to stop it. **Categories:** CHAPTER 3: SHOULD I GET A DIVORCE OR LEGAL SEPARATION? --- ### [Mediation](https://www.bestlawaz.com/coach_book/mediation/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** This is a negotiated process where you and your partner/spouse hire a neutral third party mediator, usually an attorney, to negotiate and work through all the issues that need to be resolved to end your marriage or resolve your disputes. Best Law Firm provides this kinder, gentler approach to resolving family disputes. The parties come to the office, where they meet together or in separate areas. Mediation is conducted in a comfortable office atmosphere. Sometimes parties can make all their agreements in one meeting; sometimes it takes several meetings over a period of months. Best Law Firm can also provide document preparation services to document the decisions made during the mediation. A Memorandum of Understanding is included in the price of the mediation, so the parties have a signed, legally enforceable settlement outlining their agreements. Parties can choose to mediate *either before or after* they file for the divorce. If you choose mediation prior to the court filing, you can make decisions in your own time frame. Once you file for dissolution, you must follow all the court rules, and you could be required to go to court before you are ready. The court must set an Early Resolution Management Conference (if neither party has an attorney) or a Resolution Management Conference (if at least one party has an attorney) shortly after you file, so unless you have settled by that date, the court will require you to appear in court and file the required resolution statement before your court hearing. To avoid any rush, you might want to consider mediation before you file. After the mediation, our office can then help you file all the documents required for starting the proceedings and for finalizing your divorce (such as the decree, the property settlement agreement, the parenting agreement, the child support worksheet and the spousal maintenance worksheet as explained in Chapter 8). It is imperative that you *know what you are legally entitled to, before you can make an educated request* for what you want. There will be some give-and-take and some negotiated points, but there are certain black-and-white issues that are not negotiable, even if you go to court. For instance, it is black letter law that you are entitled to half of any deferred compensation plan that was earned during the marriage. The negotiations, however, may end up giving one partner all of a retirement plan in exchange for an equal or almost equal asset, such as a car or house. The pie needs to be divided equitably when all is said and done, but who gets what piece is what negotiation is all about. Sometimes, neither party wants the pie divided exactly down the middle. *It is important to choose a mediator who knows Arizona law.* **Categories:** CHAPTER 2: PREPARING FOR THE “BIG GAME” --- ### [Your Goals, Our Guidance](https://www.bestlawaz.com/coach_book/your-goals-our-guidance/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** You’re reading this book to save money; you want what is best for your family, even while recognizing that this divorce is necessary. We are here to help you figure out your rights, your issues, your choices and your solutions. We are experienced family law attorneys who have seen first-hand the devastation and damage caused when people act out their emotional issues in a divorce through the legal system. In this chapter, we explain how to conduct your own divorce and when, if necessary, to seek professional help. We repeat: “Always take the high road.” That is not always easy, and it may seem impossible while going through a divorce. But this book was written to help you do exactly that: save time, money, and stress. Of course, it takes two people to make agreements, resolve issues and negotiate conflict. Emotional issues from a divorce are better handled outside the legal system, not through an expensive adversarial process that is ill equipped to handle the delicate details of a family in turmoil. We often ask a judge to listen to an hour or two of evidence and then make lifelong decisions for people that he or she has never met prior to that day in court. That may not seem right but it is the only system we have. So, if you want more control over your destiny, keep reading. **Categories:** CHAPTER 2: PREPARING FOR THE “BIG GAME” --- ### [Frequently Asked Questions](https://www.bestlawaz.com/coach_book/frequently-asked-questions/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** ##### **How long will it take to get a divorce?** According to Arizona Revised Statute, Section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take up to a year. ##### **How much does it cost to file for divorce in Maricopa County?** The petitioner (initiator of the divorce) must pay Maricopa County $338 as of January, 2015, and the respondent pays $269 for filing an answer. ##### **Who actually divorces me?** The divorce decree will be signed by the judge or commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court. ##### **Where do I file for my divorce?** There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast. These include: Central Court Building 201 W. Jefferson, Phoenix, 85003-2243 Family Court Administration: (602) 506-1561 Old Courthouse 125 W. Washington, Phoenix, 85003-2243 Family Court Administration: (602) 506-1561 Northeast Courthouse 18380 N. 40th Street, Phoenix, 85032 (602) 372-7601 Northwest Regional Center 4264 W. Tierra Buena Lane, Surprise, 85374 (602) 372-9400 Southeast Courthouse 222 E. Javelina Ave., Mesa, 85210 (602) 506-2020 You can file your documents at any courthouse, but the judge assigned to your case will most likely work in the courthouse closest to the home address of the petitioner (the person who files first). Other courthouses in the state of Arizona are listed in Appendix D. ##### **Can my spouse and I file for divorce together?** No. Arizona does not have a provision for any type of joint filing. ##### **Am I considered the “bad guy” if I file first?** Someone has to be the petitioner and someone has to be the respondent. There is no advantage or disadvantage to either, other than perhaps assignment of the courthouse nearest to the petitioner. ##### **What if my spouse filed and I do not want to get divorced?** You cannot stop your spouse from divorcing you, but you can file a request with the court to order a one-hour conciliation meeting to try and reconcile. These rules change; depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place. ##### **Do I need an attorney for my divorce?** Arizona law allows you to do this yourself. You are considered *pro se* or *pro per;* you must follow all the same rules as parties with attorneys. You may have to go into a courtroom, and you are held to the standard of an attorney. Even if you do this yourself, it is always a good idea to have an attorney review your work and give you legal advice. Maricopa County has a self-help web site at: [http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/index.asp.](http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/index.asp) ##### **Does it matter if my spouse was having an affair?** No. Arizona is a “no-fault” state, which means that the court does not require one spouse to prove blame or responsibility in order to end the marriage. But, in a Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements). ##### **What is a Covenant Marriage?** You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. ##### **Is it possible to represent myself in court?** Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. The same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. ##### **What if I change my mind after starting a divorce?** If you and your spouse decide to stay married, the divorce case can be canceled or dismissed by filing a request with the Clerk of Superior Court that is signed by both parties. ##### **What is a divorce “decree?”** Arizona Revised Statutes §25-312 and §35-325 provide that a Decree of Dissolution of Marriage is the final order of the court which makes each party a single person again, and includes separate orders concerning child decision-making and parenting time, child support, division of property and debts, spousal maintenance and any other appropriate orders. The decree is the final order of the court, legally ending the marriage. Spouses are not divorced until the court grants the divorce and the decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the court. A certified or duplicate copy of the decree can be obtained from the Clerk of Superior Court for a small fee. ##### **Where do I get a divorce?** In Arizona, only the Superior Court (a state court) can grant a divorce. To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has at least one facility in each Arizona county, a court case to end a marriage must be started in the county where the person requesting the divorce lives. ##### **Who can start a divorce case?** In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Spousal Maintenance](https://www.bestlawaz.com/coach_book/spousal-maintenance/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Spousal maintenance was formerly called alimony. There seem to be more misconceptions about spousal maintenance than almost any other area of divorce. You may have heard that you will get spousal maintenance because your spouse makes more money, but it is not that simple. Spousal maintenance can be highly discretionary, depending on the judge. In fact, it is often a mystery as to how spousal maintenance has been determined, seemingly very dependent on the court. There is a statute to follow, but it is very factual and case-specifically dependent. That may be why it is hard to pinpoint rules and outcomes with any certainty. Spousal maintenance is most common in long-term marriages of 20 years or more, where one spouse has been a stay-at-home parent who never worked outside the home and has limited job skills and prospects, as compared to the working spouse. Specifically, the court first determines any one of the following: the spouse lacks sufficient property to provide for reasonable needs; the spouse is unable to be self-sufficient through appropriate employment (that is, “who takes care of whom” if age or condition precludes the spouse from working); the spouse contributed to the education of the other; or the marriage was of long duration and the spouse may be too old to be employed and self-sufficient. Once the court determines that any of these factors are met, there are 13 other factors that the court may use in order to determine how much and how long maintenance should be paid. Even though there are 13 factors, often the court and the attorneys use a “spousal maintenance guideline” calculation. We share this calculation with you in Chapter 7. While not a set rule, these guidelines are a starting point for negotiations. If you go to court on this issue, the outcome is anyone’s guess. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Separation or Divorce?](https://www.bestlawaz.com/coach_book/separation-or-divorce/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** A common question spouses have is whether they should get a legal separation instead of a divorce. The answer depends on what you are trying to achieve. If you want some financial protection, or you want to continue your health insurance, a legal separation will accomplish both. If you want to get remarried, you need to get divorced. A legal separation is almost identical to a divorce, except that in the end you are separated, not divorced. The procedures are identical in terms of filing, costs and the final agreements. Financial agreements in a legal separation will become the same financial agreements in a divorce. In other words, you cannot make a decision regarding finances in a legal separation and then change your mind about the same issues in a divorce. So, the financial agreements (or court decisions) *cannot be changed in a subsequent divorce action*. Again, children are an exception to this general rule. You and your spouse can make certain decisions and agreements for a legal separation concerning children and then be free to renegotiate or litigate those decisions in a subsequent divorce. Be advised that there is some duplication if a legal separation turns into a divorce. If the person who initially filed for a legal separation changes his or her mind and decides that he or she prefers a divorce, then that spouse may file an amended petition and request the dissolution of marriage. A new filing fee does not need to be paid. On the other hand, if one spouse files for a legal separation, the responsive party can convert the legal separation into a divorce by their responsive pleading (answer), without the consent of the party who filed first and without paying additional filing fees. They must still pay the answer fee, which is currently $269.00 in Maricopa County. Do not be lulled into thinking you are getting legally separated when, in fact, your action may cause your partner to convert your separation filing into a divorce. If either party wants a divorce, there is nothing the other person can legally do to stop it. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [What to Expect During the Game and an Overview of Arizona Law](https://www.bestlawaz.com/coach_book/what-to-expect-during-the-game-and-an-overview-of-arizona-law/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Arizona is one of ten community property states in the U.S. All property acquired during marriage until the time one party is served with the divorce paperwork is presumed to be community property. All property acquired before marriage or after service of the dissolution paperwork is presumed to be separate property. All property acquired by gift, devise or will during marriage is also presumed to be separate property. It is important that you familiarize yourself with Arizona community property law as you start this process. Knowledge of the law will take out the guesswork as to what each spouse is entitled. Most, if not all, of your property obtained during your marriage will be considered community. The “petition” is what is filed to start the divorce and “service” is the official way that the other side is notified that the petition has been filed. The other side is called the “respondent.” Service is discussed more fully in Chapter 4 and terms are defined in the glossary. ## **Community Property** Once property is considered community property, it must be divided equitably between the spouses. That is why it is important to determine the characterization of the property at the beginning of the divorce. There may be arguments about whether property is community or not, but most property is fairly easy to characterize. Property includes real property, which is land or a house. Property also includes your furniture, bank accounts, savings account, investments and deferred compensation plans, such as 401ks or IRAs. Property for division, however, does not include Social Security benefits. Social Security law governs your Social Security account and it cannot be changed in a divorce decree. If you want to know specific information about your Social Security benefits, you may want to contact the Social Security Administration to find out about your specific income. Most property disputes revolve around houses. For some reason, many couples maintain complicated information regarding when and how a house was purchased and whose name is on the deed. It is important that you know if your name is on your house deed. You can check that on the Internet, courtesy of the Maricopa County Recorder’s Office at *recorder.maricopa.gov/*. ## **Commingling** Another problem area is the commingling (mixing) of funds. For instance, if you received an inheritance during the marriage, the question becomes whether it is your sole and separate property. What if you put it in the bank and added your spouse’s name to it; is it automatically community property? The short answer is probably not, but these kinds of complications are beyond the scope of this book and can be better answered with more facts and an attorney’s advice. Just remember, parties are always free to make their own decisions, without regard to what a judge would decide. For example, if you and your spouse decide that the money was and should be yours, you can make that agreement and the court will not disturb it. The exception to that rule is if there are children. Even if there are agreements about the children, especially with regard to child support, the court will look very carefully at any agreement and proposed child support for the children to make sure that it is fair for the kids. Do not let this scare you; the court approves most agreements, because most negotiated agreements do prove to be fair for the children and the family. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [The High Road](https://www.bestlawaz.com/coach_book/the-high-road/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** *Divorce is one of the most financially traumatic things you can go through. Money spent on getting mad or getting even is money wasted.* *~Richard Wagner* “Always take the high road.” You may be wondering why you should take the high road when you sense that your spouse will not. Our answer is that for this process to proceed smoothly, someone has to start out on the high road and ask the other side for good behavior. Remember; “You teach people how to treat you.” This is exactly what you are doing to start your divorce. If you do not display the utmost in courtesy and cooperation, you can be assured that the other side will not do so. Be careful how you begin this procedure, because it sets the tone for the entire process. If you begin in a hateful and hostile manner, it is likely you will be met with the same. Even if you feel ill will toward your spouse, it is important to keep those feelings at bay during this time. A hostile and mean-spirited start makes any retreat or reconciliation much more difficult. Also, a calm, reasoned beginning bodes well for settlement, negotiation and getting what you ultimately want and need. The legal divorce process is the wrong arena to fight your emotional battles; those belong elsewhere. The court system is not equipped to handle these emotional issues and you will find yourself disappointed if you place those expectations on the process, on the court, on your partner, or on your attorney. Part of your decision-making at this crossroads is whether you need to obtain counsel or whether you and your partner would like to attempt negotiations to work out all your issues in mediation. Again, if you come out swinging, it is hard to reverse course. If, on the other hand, you attempt a gentler, kinder approach from the beginning, you can always change course, should it become necessary in order to protect your interests. If you try the softer approach at the beginning, you will have a better chance at negotiation later. Often, people think that hard-nosed aggression is the only way to get what they want or need. We believe that you both can get what you deserve in a win-win situation, making the best of the bad situation of a divorce. There can be times when an aggressive approach is a necessary evil, but this book is written for people who want to get what they want in a fair, professional, kind and gentle manner. You can break the stalemate and start off on the right foot. But, taking the high road is not enough. You must also understand Arizona law and your rights under that law. You must understand the legal process, its abilities and its limitations. Once you have that basic knowledge, you can continue collecting data and making sure that divorce is a step that you need to take; indeed, whether you even want to enter the arena. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Arizona Family Law Courts](https://www.bestlawaz.com/coach_book/arizona-family-law-courts/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Family law courts are courts of equity. This means that the judges are asked to make decisions based on fairness. Arizona family law courts are governed by Arizona statutes (in Section 25, Marriage and Domestic Relations), by the Family Law Rules of Procedure and by the case law that has interpreted these statutes and rules. (Case law is what the Court of Appeals or the Arizona Supreme Court has determined is the actual meaning of the rules or statutes). Sometimes, you will read a statute and think you know exactly what it means, but a court has decided another interpretation. Luckily, most cases and most divorces are not that complicated, and the parties do not need an in-depth legal analysis. If you find your case in a gray area and you do not know the answer, that is the time to consider consulting with an experienced attorney. If your question is straightforward, remember that hourly consultations are much cheaper than advance (retainer) fees. Because family law courts are courts of equity, there are no juries. Although you may find a jury box in your family law courtroom, the judge alone will make all decisions in your case if there are disputed issues that must be litigated (brought to trial). However, there are ways to handle your entire divorce without ever having to set foot into a courtroom. You and your spouse can make all the decisions instead of a judge. That brings up our next point. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Litigation Process When the Parties Work Together During Their Divorce](https://www.bestlawaz.com/coach_book/litigation-process-when-the-parties-work-together-during-their-divorce/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:**  You can see the importance of educating yourself about the process; reading this book is a good first step. You may then want to consult with or retain a resolution-focused attorney. After initial disclosures, you can then mediate. Another option is to pay for legal consultations by the hour. An experienced attorney will give you specific legal advice about your case. After a legal consultation, you can also have an attorney draft your documents for a flat fee. Best Law offers all of these services and options and they are explained on our web site at[ www.*bestlawaz.com*.](http://www.bestlawaz.com/) The point is that there are various ways to go through this process, with an attorney and with mediation, without losing all your hard-earned money and suffering untold stress. This book will empower you with knowledge to help you with this transition in your life. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Litigation Process When Both Parties Have Attorneys](https://www.bestlawaz.com/coach_book/litigation-process-when-both-parties-have-attorneys/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:**  **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Options for Your Divorce](https://www.bestlawaz.com/coach_book/options-for-your-divorce/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Many people think of only two options when they consider divorce: with an attorney or without an attorney (by yourself, *pro per*). Today, more and more people cannot afford to pay large advanced fees for an attorney. Yet, many people still need legal help short of retaining an attorney, from beginning to end. Family law rules and procedures can be complicated, so there are a myriad of costly mistakes that can be made, some of which you may not even realize for one or two years after your divorce. Worst of all, how can you possibly know just *what* you do not know? Maricopa County has some valuable tools to use on their website, but you still may not understand the whole process or procedure. Best Law Firm offers alternatives to help people because we understand the need. Court staff and judges do a great job, but they are often overwhelmed and are not allowed to give you legal advice. So, you need to read this book, become familiar with the process and recognize what additional help you may require. There are many options available to you, depending on your circumstances and finances. Here are some options, from least to most expensive: 1. **Complete Do-It-Yourself**: Get the forms from the self-help desk at the courthouse or from the court website (see Resource Guide at back of book). 2. **Legal Consultation**: Pay an attorney by the hour to give you specific legal advice on your issues and then draft your own documents. 3. **Attorney Document Preparation**: Pay Best Law Firm to draft your documents on a flat fee basis, which includes a free attorney consultation, up to one hour. 4. **Attorney Document Preparation and Legal Consultation**: Combine number 2 and number 3, with flat fees for document preparation and hourly fees for consultation. 5. **Pay for an Attorney Anytime During the Process**: When you need some help, such as for a court hearing or when you need an attorney to be your advocate in mediation. 6. **Hire an Attorney as a Third Party Neutral Mediator**: To get you and your spouse over any impasse in making agreements. 7. **Retain an Attorney**: pay them an advanced fee (used to be called a retainer), and they will bill you by the hour, from beginning to end. Clearly, the most expensive option is the last, which is to retain an attorney to handle everything for you. Your attorney will charge you an advance fee anywhere from $2,500 to $10,000 or more. Sometimes it seems as if retained counsel are trained to prepare for court and fight every step of the way, rather than sorting things out without going to trial. That is usually not a good idea for you, because it can increase the pain and the cost. The average cost of a divorce can be $18,000 for each side. So, unless you have money to burn, you might consider other options. Below are two charts that outline the divorce process. The first exemplifies the typical process when both parties have an attorney. The second demonstrates the stages of litigation when the parties work together for their divorce. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ### [Introduction](https://www.bestlawaz.com/coach_book/introduction/) **Published:** December 13, 2022 **Author:** Cindy Best **Content:** Divorce is one of the most devastating and life-changing events you will ever experience. You need to know what you are getting into and be involved in the process. There are decisions to make for yourself and your children. We urge you to become educated about this process, so you can make wise decisions. You most likely are reading this in an effort to save money, but even if you choose to retain an attorney, the Divorce Coach will empower you by providing the information necessary to help yourself. You most likely have heard all kinds of wrong information about divorce, decision-making, child support and spousal maintenance. You need to have the playbook, so you know what attorneys and the courts know. The differences between law and equity are both important concepts to understand. It is helpful to understand the decisions that you must make along the way and the possible outcomes. Once you see the full game plan, you might want to avoid this scenario entirely. Before you decide about the “big game” (your divorce), you have to ask yourself if you are ready and whether you really want to be in the game. Divorce is a big decision; it should be taken seriously and thought through very carefully. We hope that you think carefully through each step of this process, keeping an open mind as you go. You do not want to end up at halftime or when the final whistle blows wishing you had never driven to the stadium. There is quite a bit of work involved in a divorce, but be aware that even though you may be exploring this option for your life, you can decide to stop at any time. It is not like jumping off a cliff; you can take baby steps until you know it is right for you. The beginning of a divorce is a reversible course. If you discover along the way that you would like to reconcile with your spouse, you should feel free to do so. You can actually quit anytime before the court signs the decree. By reading this book, you are already way ahead of the game. You want to know the rules, the plays, the strategy and what the outcome of divorce will look like for your family. This book will assist you in figuring out what options you have and what decisions you need to make. Some people start and finish this process without any help from an attorney. That might work fine for some people; for others, not so well. Some people begin and then start feeling overwhelmed. This book will take the mystery out of the process. You want to do this right the first time: there are at least an equal number of post-divorce modifications filed in Arizona as there are first-time divorces. (Modifications are changes that are filed to change the original paperwork; often, these modifications are necessitated by mistakes made in the original divorce). This introductory chapter outlines various aspects of the divorce process that are dealt with in more detail in succeeding chapters. A glossary of family law terms appears at the back of the book, as well as some useful Arizona statutes (laws) and a resource guide for online assistance in Arizona. **Categories:** CHAPTER 1: OVERVIEW AND INTRODUCTION --- ## faq ### [What is the cost of mediation?](https://www.bestlawaz.com/faqs/what-is-the-cost-of-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** We charge $350 per hour for mediation, with a minimum of 2 hours for the initial meeting. If needed, subsequent sessions to resolve any outstanding issues can be scheduled with a 1 hour minimum. **Categories:** About Divorce Mediation --- ### [Who pays for the cost of mediation?](https://www.bestlawaz.com/faqs/who-pays-for-the-cost-of-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** The division of costs is up to the two of you to decide. Generally, parties agree to split the costs or divide them proportionately, but often one party covers the full cost of mediation when he/she makes significantly more than the other party. The division of costs for mediation and drafting final documents can also be negotiated as part of your agreements. **Categories:** About Divorce Mediation --- ### [What is mediation used for?](https://www.bestlawaz.com/faqs/what-is-mediation-used-for/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** To help parties reach agreements and avoid the cost, time, and stress of battling outstanding issues out in Court. Mediation also helps the parties control the outcome and avoids putting what will happen with their property and children in **Categories:** About Divorce Mediation --- ### [Does the mediator does take sides?](https://www.bestlawaz.com/faqs/does-the-mediator-does-take-sides/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Absolutely not, the mediator must be neutral. Our mediators are evaluative and help the parties understand, based on their extensive experience, their positions and risks if they go to Court and what a Court may decide. However, our mediators always strive to be fair and impartial and do not give either party legal advice. **Categories:** About Divorce Mediation --- ### [What are the types of things we discuss during a divorce mediation?](https://www.bestlawaz.com/faqs/what-are-the-types-of-things-we-discuss-during-a-divorce-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** In every divorce, we must divide all the marital property (which typically includes a house, bank accounts, vehicles, retirement accounts, stock options, credit card debts, and other debts) and decide if there is a claim for spousal maint enance. In a divorce with children, we must determine the custodial issues of legal decision-making and parenting time (the parenting schedule) and child support. **Categories:** About Divorce Mediation --- ### [How does the mediator guide the conversation?](https://www.bestlawaz.com/faqs/how-does-the-mediator-guide-the-conversation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** The mediator focuses the conversation on one issue at a time. Generally, a mediator will start with the issues where the parties are closest to reaching an agreement and then work toward the more difficult issues. But in some mediations, the mediator may change that order. The mediator will address specific topics and ask each party how they would like to resolve the issue. Where the parties are close on an issue, the mediator may propose a resolution for the parties to consider. Where the parties are far away, the mediator can help guide the parties’ negotiation and help the parties reach fair compromises to avoid the costs and stress of further Court intervention. **Categories:** About Divorce Mediation --- ### [Will my ex and I be in the same room or will we be in separate rooms?](https://www.bestlawaz.com/faqs/will-my-ex-and-i-be-in-the-same-room-or-will-we-be-in-separate-rooms/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Generally, our mediators prefer to meet with both parties in the same room if the parties can be cordial to each other. But the parties can be separated into separate comfortable conference rooms if (1) one of the parties would prefer to meet separately, or (2) the mediator thinks the parties would benefit from being separated to ensure both parties are transparent and honest about their goals and concerns. **Categories:** About Divorce Mediation --- ### [Do I need to hire a lawyer for mediation?](https://www.bestlawaz.com/faqs/do-i-need-to-hire-a-lawyer-for-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** You don’t need a lawyer to represent you. That is one of the benefits and cost saving aspects of mediation. But having a lawyer is allowed and in certain circumstances may be beneficial. If you and your spouse would feel more comfortable with you each being represented by an attorney at your mediation, we would be happy to accommodate that. the mediator thinks the parties would benefit from being separated to ensure both parties are transparent and honest about their goals and concerns. **Categories:** About Divorce Mediation --- ### [Can you draft court documents for us after mediation?](https://www.bestlawaz.com/faqs/can-you-draft-court-documents-for-us-after-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Yes, we can draft all the documents you need to file with the court. But for us to be allowed to draft your documents, we need both parties to sign a conflict waiver, and we will need to enter into a separate agreement before we are legally allowed to draft your divorce documents. **Categories:** About Divorce Mediation --- ### [How long does filing a divorce take?](https://www.bestlawaz.com/faqs/how-long-does-filing-a-divorce-take/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Once the Petition for Dissolution is filed with the Court and the Acceptance of Service is signed the 60-day waiting period begins. During this time, you can prepare your Consent Decree to be filed on the 61st day to be signed by the Judge. **Categories:** About Divorce Mediation --- ### [Is mediation confidential?](https://www.bestlawaz.com/faqs/is-mediation-confidential/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Yes, bot h parties must sig n a confidentiality agreement prior to beginning mediation and neither party’s positions can be used in Court. The mediator may not be called as a witness, should your case move forward with litigation. What you discuss with our mediators and staff is confidential pursuant to Rule 67.3(b)(I), Arizona Rules of Family Law Procedure and our confidentiality agreement. There are limited exceptions that are extraordinarily rare. **Categories:** About Divorce Mediation --- ### [Will the mediator give us legal advice?](https://www.bestlawaz.com/faqs/will-the-mediator-give-us-legal-advice/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** The mediator will not give you or the other party legal advice. This means the mediator will not tell you whether you should agree or disagree with what is being proposed by the other party. But the mediator will tell you what the law is and will tell you how judges normally rule, based on his/her experience. The mediator may propose resolutions for you to consider facilitating fair and efficient resolution. **Categories:** About Divorce Mediation --- ### [What does the mediator do?](https://www.bestlawaz.com/faqs/what-does-the-mediator-do/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** The mediator guides and moderates the discussion, but both parties are given a chance to speak, and neither party is forced to make any agreements. The mediator helps the parties reach fair and equitable solutions for all the issues that need to be resolved. In the event the parties reach partial or full agreements, the mediator types a Memorandum of Understanding (agreement) for the parties to review and sign. **Categories:** About Divorce Mediation --- ### [We have filed in Court, can we still mediate?](https://www.bestlawaz.com/faqs/we-have-filed-in-court-can-we-still-mediate/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Absolutely. You can mediate at any time during the divorce process. If you have already filed, please let us know if you have any deadlines or hearings coming up. Even if you have already filed in Court, it is possible that you can have everything fully resolved without ever having to step foot again in Court. **Categories:** About Divorce Mediation --- ### [What happens if we do not reach agreements?](https://www.bestlawaz.com/faqs/what-happens-if-we-do-not-reach-agreements/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** Depending on the outstanding disagreements, you have the option to schedule another mediation session or take these issues to Court for a judge to decide. Frequently, a second mediation session can be helpful prior to seeking Court intervention and spending substantial time and money on the fees and costs of litigation. Even if you don’t reach agreements on all issues, reaching agreements on some of the issues saves you the time, stress, and money involved in going to court over those issues. **Categories:** About Divorce Mediation --- ### [Who controls the outcome in mediation?](https://www.bestlawaz.com/faqs/who-controls-the-outcome-in-mediation/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** The parties do. Our mediator will work with you to reach agreements, but ultimately all decisions, including the decisions to reach agreements or not reach agreements, belong to the parties. While the mediator will help evaluate the parties’ positions regarding disputed issues to help facilitate agreements, the final decision is completely up to the parties. **Categories:** About Divorce Mediation --- ### [Is mediation successful?](https://www.bestlawaz.com/faqs/is-mediation-successful/) **Published:** April 28, 2026 **Author:** Cindy Best **Content:** In 95% of cases we mediate, the parties reach full agreements. If you are unable to reach full agreements at the first mediation session, you can schedule a second session to mediate any remaining disputed issues. You control the process, so the success is dependent on you and your spouse ‘s reasonableness. **Categories:** About Divorce Mediation --- ### [The non-moving parent requested a hearing to prevent relocation. What can happen at the hearing?](https://www.bestlawaz.com/faqs/the-non-moving-parent-requested-a-hearing-to-prevent-relocation-what-can-happen-at-the-hearing/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The moving parent must demonstrate to the Court that the move is in the best interests of the children. The best interest factors are outlined in A.R.S. §25-403 and 408. Courts tend to attribute greater weight to certain factors such as the potential benefits of the move for the relocating children and parent; the reasons for the relocation; whether the move permits for sufficient parenting time for both parents; how the move will affect the child; the child’s relationship with each of the parents; which parent has historically provided primary care for the child(ren). **Categories:** Relocation FAQs --- ### [I just received notice of the other parent’s request to relocate with my children. What can I do?](https://www.bestlawaz.com/faqs/i-just-received-notice-of-the-other-parents-request-to-relocate-with-my-children-what-can-i-do/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If the other party plans to relocate with the children, and you oppose the move, you can file a motion to prevent the relocation. You must do so within 30 days of receipt of the written notice. Typically, Courts are more likely to preclude a party from relocating with the children if the move has not occurred yet. Courts tend to be more hesitant to order a party who has already moved to return if the motion to prevent relocation was not filed on time. **Categories:** Relocation FAQs --- ### [I sent written notice to the other parent via certified mail. What happens next?](https://www.bestlawaz.com/faqs/i-sent-written-notice-to-the-other-parent-via-certified-mail-what-happens-next/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The non-moving parent may request a hearing to prevent relocation of the child, but must do so within 30 days after notice is made. After 30 days, any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. **Categories:** Relocation FAQs --- ### [I have a job offer in another state. I need to notify the other parent. What do I do?](https://www.bestlawaz.com/faqs/i-have-a-job-offer-in-another-state-i-need-to-notify-the-other-parent-what-do-i-do/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The written notice must be sent by certified mail, return receipt requested. A parent who does not comply with the notification requirements is subject to court sanction. **Categories:** Relocation FAQs --- ### [I’m buying a house 10 miles down the road. Does the Arizona Relocation Statute apply to my move?](https://www.bestlawaz.com/faqs/im-buying-a-house-10-miles-down-the-road-does-the-arizona-relocation-statute-apply-to-my-move/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If both parents are entitled to custody or parenting time and both parents reside in Arizona, at least 60 days’ advance written notice must be provided to the other parent before a parent may relocate the child outside Arizona, or relocate the child more than 100 miles within Arizona. **Categories:** Relocation FAQs --- ### [What if my grandchild is living with me. There is a child support order for the non-custodial parent to pay child support, but the payments are going to my child. How can I receive the child support?](https://www.bestlawaz.com/faqs/what-if-my-grandchild-is-living-with-me-there-is-a-child-support-order-for-the-non-custodial-parent-to-pay-child-support-but-the-payments-are-going-to-my-child-how-can-i-receive-the-child-support/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It is possible to help a new caretaker of a child get child support through a process called a Transfer of Support Rights. This is just a transfer of support payments to the caretaker. Assuming the payments are going through the Arizona Clearinghouse, you will need to provide proof that you have had the child for at least 30 consecutive days. Both parents under the current child support order will be notified about the change in payments as well. It should be noted that if you are receiving public assistance for yourself and a child included in the child support order, the Division of Child Support Enforcement (DCSE) may retain these payments while you are receiving public assistance. The easiest thing to do is fill out an application with the Department of Economic Security. An application can be found in various ways and are described in the chapter under the section “How Do I Sign-up with the Arizona Clearinghouse?” **Categories:** Modification of Child Support FAQs --- ### [How do I enforce the current or modified Child Support order if my former spouse stops paying?](https://www.bestlawaz.com/faqs/how-do-i-enforce-the-current-or-modified-child-support-order-if-my-former-spouse-stops-paying/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You can request an assignment order under A.R.S. § 25-323 and § 12-2454. An Income Withholding for Support is available on the Superior Court website to be filled out and filed with the Court. This will require your former spouse’s employer or other payor to withhold the amount from his or her wages or money owed to you and to send that amount directly to the AZ clearinghouse. You may also want to file a Petition to Enforce Child Support, Child Support Arrears and Medical Expense Reimbursement. All three of these issues should go in the one Petition because you want the Court to enforce the current order in effect, have the Court enforce the amounts not paid by your former spouse, along with any medical expenses. Ask for attorney’s fees in the Petition if you choose to hire one for this Petition. **Categories:** Modification of Child Support FAQs --- ### [I am receiving Temporary Assistance for Needy Families. Can I still have my child support order reviewed?](https://www.bestlawaz.com/faqs/i-am-receiving-temporary-assistance-for-needy-families-can-i-still-have-my-child-support-order-reviewed/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Under Federal law, DCSE is required to review and, if appropriate, adjust a child support order every three years for families receiving Temporary Assistance for Needy Families. **Categories:** Modification of Child Support FAQs --- ### [If my child support order is from another state, where should I ask for a review?](https://www.bestlawaz.com/faqs/if-my-child-support-order-is-from-another-state-where-should-i-ask-for-a-review/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** There are a number of factors that determine where a review is actually conducted. If you have a case managed by DCSE or another state’s child support agency, you may request a review for a modification of your child support order to the child support agency that you normally contact for assistance. If you do not have a case with DCSE, you will need to consult with the court or a private attorney. **Categories:** Modification of Child Support FAQs --- ### [I am a non-custodial parent, but my child lives with me now. Can I change the child support order?](https://www.bestlawaz.com/faqs/i-am-a-non-custodial-parent-but-my-child-lives-with-me-now-can-i-change-the-child-support-order/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. When there is a change in visitation or custody of the child, you can either go to court or ask for a change in the child support order, or you may ask DCSE to modify the court order. You may be able to reduce child support or begin receiving child support from the other parent. **Categories:** Modification of Child Support FAQs --- ### [I already have a support order, but the payments are barely enough for my child. Is it possible to change the amount of monthly support I receive?](https://www.bestlawaz.com/faqs/i-already-have-a-support-order-but-the-payments-are-barely-enough-for-my-child-is-it-possible-to-change-the-amount-of-monthly-support-i-receive/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Under federal and state law, you have the right to request a modification of your child support order. The Division of Child Support Enforcement (DCSE) can help you review for a modification of your child support order if you qualify. The review is based on the current income of the parents, the Arizona child support guidelines, and if there is a situation that is substantial and continuing, which would change your order by 15 percent or more. The review may result in an increase, decrease, or no change in your child support order. If you believe your case meets these criteria, you may click on the link to the modification packet and complete all of the required forms. Return them to the Division of Child Support Enforcement, P.O. Box 40458, Phoenix, AZ 85067; or you may go to a local DCSE office to pick up a modification packet; or you may contact DCSE at (602) 252-4045 or (800) 882-4151. If your review shows that a modification of your order is appropriate, they will send your case to the Attorney General’s office who will take it to court. **Categories:** Modification of Child Support FAQs --- ### [What are some other resources available to me regarding Child Support modification?](https://www.bestlawaz.com/faqs/what-are-some-other-resources-available-to-me-regarding-child-support-modification/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You can visit the Superior Court website for your particular county, contact the Clerk of the Court, contact the Arizona Department of Economic Security or visit their website at [www.azdes.gov](http://www.azdes.gov). Title 25 of the Arizona Revised Statutes available online. The Maricopa County website is **Categories:** Modification of Child Support FAQs --- ### [After I file a modification, when does the new child support take effect?](https://www.bestlawaz.com/faqs/after-i-file-a-modification-when-does-the-new-child-support-take-effect/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Usually the new child support will take effect on the 1st day of the following month after filing. For example; if a petition is filed on January 5th, the new child support, given that the modification is accepted, will start on February 1st. **Categories:** Modification of Child Support FAQs --- ### [Can child support in arrearages be modified or forgiven?](https://www.bestlawaz.com/faqs/can-child-support-in-arrearages-be-modified-or-forgiven/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, any amount past due plus interest, accrued before the date of notice of a motion to modify child support, cannot be modified or forgiven. However, an exception is if the parties agree in writing to the modification. **Categories:** Modification of Child Support FAQs --- ### [Is there a waiting period for when can a parent go to the court to ask for a modification?](https://www.bestlawaz.com/faqs/is-there-a-waiting-period-for-when-can-a-parent-go-to-the-court-to-ask-for-a-modification/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, a parent may ask the court for a modification to child support at any time. However, it must be shown there is a change of circumstances before it will be modified or terminated. **Categories:** Modification of Child Support FAQs --- ### [Do I need to provide both parent’s income for a modification? What if I don’t know the other parent’s income?](https://www.bestlawaz.com/faqs/do-i-need-to-provide-both-parents-income-for-a-modification-what-if-i-dont-know-the-other-parents-income/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, you need both parent’s income. If the parent filing the modification does not know the other parent’s income; they may indicate that the amount stated is an estimation. Thereafter, the parent filing for modification has the right to request a verification of the other parent’s income from their employer. **Categories:** Modification of Child Support FAQs --- ### [How do you modify child support?](https://www.bestlawaz.com/faqs/how-do-you-modify-child-support/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Under Arizona law, a parent may go to the court to modify child support. Specifically, a parent should go to the Superior Court of Arizona; the only court able to grant a child support modification. **Categories:** Modification of Child Support FAQs --- ### [What is a child support modification?](https://www.bestlawaz.com/faqs/what-is-a-child-support-modification/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** A modification of child support is the process of legally changing the child support amount paid by one parent. A child support modification is necessary when there has been a change in income of either parent or other financial changes in child care, health insurance, day care costs, etc. **Categories:** Modification of Child Support FAQs --- ### [What happens if the other party does not respond to myPetition to Modify?](https://www.bestlawaz.com/faqs/what-happens-if-the-other-party-does-not-respond-to-mypetition-to-modify/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If the other party does not respond, call Best Law Firm to assist you with filing a default action. A default action is situation where one party is being non-responsive. The default action will notify the Court. Once a default has been filed with the Court, a hearing is set and the other party has ten (10) days to respond. If the other party does not respond within that time frame or does not appear at the Default Hearing, the Court will grant you the requests that were outlined in your Petition to Modify, so long as it is in the best interests of the minor child(ren). **Categories:** Modification of Parenting Time FAQs --- ### [What happens after I file a Petition to Modify?](https://www.bestlawaz.com/faqs/what-happens-after-i-file-a-petition-to-modify/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** First, the other party will need to be served with the Petition to Modify. Once served, the other party has 20 days to Respond (or 30 if they reside out of town) to your Petition. Once the other party has responded, the Court will set a Court date. **Categories:** Modification of Parenting Time FAQs --- ### [What if my child is in danger? Or the other parent is not following the current Parenting Time Order?](https://www.bestlawaz.com/faqs/what-if-my-child-is-in-danger-or-the-other-parent-is-not-following-the-current-parenting-time-order/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** There are two exceptions to the one-year requirement before being able to petition the court to change a current parenting time order. If it has been less than 6 months and the other parent is not following the current parenting time order; AND/OR There is an emergency situation. Once you meet these requirements, you may file a Petition with the Court to modify the current Parenting Time Order. The Court will make changes to the current Parenting Time Order as it relates to the Best Interest of the Minor Child. The Court looks at A.R.S. 25-403 when determining the factors. **Categories:** Modification of Parenting Time FAQs --- ### [If my Parenting Plan DOES NOT require that I attend Mediation OR me and the other parent have already gone to Mediation, can I petition the Court?](https://www.bestlawaz.com/faqs/if-my-parenting-plan-does-not-require-that-i-attend-mediation-or-me-and-the-other-parent-have-already-gone-to-mediation-can-i-petition-the-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you have either already attended Mediation or your Parenting Plan does not require that you attend Mediation, you must meet two additional requirements before you can file a Petition with the Court. **Categories:** Modification of Parenting Time FAQs --- ### [If my Parenting Plan requires that I attend Mediation, what do I do?](https://www.bestlawaz.com/faqs/if-my-parenting-plan-requires-that-i-attend-mediation-what-do-i-do/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you Parenting Plan requires that you attend Mediation, you can file a Mediation Request with the Court. Some Parenting Plans will identify whether parties are required to go through Conciliation Services for mediation or whether they can seek private mediation services. Call Best Law if you need assistance setting up Mediation with the other parent. **Categories:** Modification of Parenting Time FAQs --- ### [Do I meet the necessary requirements to ask the Court for help in changing my current Parenting Time Order?](https://www.bestlawaz.com/faqs/do-i-meet-the-necessary-requirements-to-ask-the-court-for-help-in-changing-my-current-parenting-time-order/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Before you can seek help from the Court and file a Petition to Modify, you must determine whether you current Parenting Time Order has a “Mediation Clause.” This clause requires parties to go through mediation services to resolve their issues before they can seek help from the Court. This “Mediation Clause” can be found in your Parenting Plan. If you are wondering whether your Parenting Plan has a mediation clause, call us Best Law and we can go over your current Parenting Plan with you. **Categories:** Modification of Parenting Time FAQs --- ### [When can we start our divorce mediation?](https://www.bestlawaz.com/faqs/when-can-we-start-our-divorce-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You can start this at anytime, even before you file. **Categories:** Mediation FAQs --- ### [Who can I call for help?](https://www.bestlawaz.com/faqs/who-can-i-call-for-help/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Best Law Firm (480) 219-2433. **Categories:** Mediation FAQs --- ### [What is special about Best Law Firm?](https://www.bestlawaz.com/faqs/what-is-special-about-best-law-firm/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** We care. Our attorneys have witnessed the devastation that conflict causes families. We recognize that a spirit of cooperation is a lifelong gift that families can give to themselves. **Categories:** Mediation FAQs --- ### [What are some helpful personal documents to bring into mediation?](https://www.bestlawaz.com/faqs/what-are-some-helpful-personal-documents-to-bring-into-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** All of this will be addressed at the initial meeting with the mediator. Each party is under the full disclosure requirements of the Arizona Rules of Family Law Procedure, including Rule 49. **Categories:** Mediation FAQs --- ### [Are there areas of family law that cannot be mediated?](https://www.bestlawaz.com/faqs/are-there-areas-of-family-law-that-cannot-be-mediated/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Substance abuse and domestic violence are issues that are not generally suitable for mediation. **Categories:** Mediation FAQs --- ### [What if we cannot make an agreement during mediation?](https://www.bestlawaz.com/faqs/what-if-we-cannot-make-an-agreement-during-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If all outstanding issues cannot be resolved in the mediation process, the court will have to decide them. The mediator cannot represent either party if the mediation fails, nor can either party use any settlement negotiations as evidence in court under Arizona Rules of Evidence, Rule 408, and the family law rules. **Categories:** Mediation FAQs --- ### [Who will prepare the mediation agreement documents?](https://www.bestlawaz.com/faqs/who-will-prepare-the-mediation-agreement-documents/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Best Mediation Services provides document preparation services, including Rule 69 Agreements (Memorandum of Understanding) that memorialize the parties’ agreements, the petition and supporting documents to initiate your case in the court, and draft and file consent decrees, parenting plans, and property settlement agreements to finalize your case. **Categories:** Mediation FAQs --- ### [When is mediation successful?](https://www.bestlawaz.com/faqs/when-is-mediation-successful/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Mediation is successful when both parties are active, willing, and cooperative in the mediation process. The parties must have a desire to compromise and find a resolution. In addition, the parties must act in good faith, be professional and listen to the other party. **Categories:** Mediation FAQs --- ### [If I’ve already filed for divorce, can we still mediate?](https://www.bestlawaz.com/faqs/if-ive-already-filed-for-divorce-can-we-still-mediate/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, mediation is an option for parties’ even if they have already filed for divorce. Often times, parties may decide litigation is not cost-effective or that with the help of a third party they can resolve their issues without the long, expensive litigation process. **Categories:** Mediation FAQs --- ### [Can I still have an attorney if I mediate?](https://www.bestlawaz.com/faqs/can-i-still-have-an-attorney-if-i-mediate/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, retaining individual counsel is an option; however it is not necessary. Individual attorneys may advise their clients of their legal rights throughout the mediation process and assist in reviewing agreements reached in mediation before they are signed or filed. The individual attorney may or may not choose to attend the mediation. **Categories:** Mediation FAQs --- ### [What legal effects does mediation present?](https://www.bestlawaz.com/faqs/what-legal-effects-does-mediation-present/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Non-binding: A party in the mediation process is not bound to any outcome reached in the mediation process when they agree to mediate, sign an Agreement to Mediate or enter into the mediation process. Binding: Mediation is binding only if an agreement is reached by both parties, it is in writing, and it is signed. **Categories:** Mediation FAQs --- ### [Can the mediator also act as your attorney?](https://www.bestlawaz.com/faqs/can-the-mediator-also-act-as-your-attorney/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, a mediator cannot act as both your mediator and your individual attorney because that would be a conflict of interest. If you would like Ms. Best to represent you individually to handle your case, you may visit our website at www.bestlawaz.com. Once an attorney becomes your mediator, he or she cannot represent either party. **Categories:** Mediation FAQs --- ### [Can I be divorced after mediation?](https://www.bestlawaz.com/faqs/can-i-be-divorced-after-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You will be divorced after the required documents are filed with the court and a judge signs the consent decree. **Categories:** Mediation FAQs --- ### [Where does mediation paperwork get filed?](https://www.bestlawaz.com/faqs/where-does-mediation-paperwork-get-filed/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Best Mediation Service also provides a document preparation and filing service. The paperwork agreed to in mediation can be filed with the Maricopa County Superior Court. **Categories:** Mediation FAQs --- ### [What paperwork must be filed with the court to complete the mediation process?](https://www.bestlawaz.com/faqs/what-paperwork-must-be-filed-with-the-court-to-complete-the-mediation-process/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No paperwork is required to be filed unless you are getting divorced, legally separated or want child support payments to be made through the State of Arizona Support Payment Clearinghouse. **Categories:** Mediation FAQs --- ### [How will the costs be determined or divided between the parties?](https://www.bestlawaz.com/faqs/how-will-the-costs-be-determined-or-divided-between-the-parties/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The parties can decide how to divide the cost of the mediation. **Categories:** Mediation FAQs --- ### [Does mediation cost less than two attorneys?](https://www.bestlawaz.com/faqs/does-mediation-cost-less-than-two-attorneys/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. Instead of spending money on two separate attorneys, mediation allows the parties to pay for one mediator to resolve all of the issues in the case. **Categories:** Mediation FAQs --- ### [How much does mediation cost?](https://www.bestlawaz.com/faqs/how-much-does-mediation-cost/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** On average, mediation can cost approximately less than 70-80% of total litigation costs. At Best Mediation Services, parties can pay by the hour in a step-by-step process. **Categories:** Mediation FAQs --- ### [What is mediation?](https://www.bestlawaz.com/faqs/what-is-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Mediation is a negotiation method of nonbinding dispute resolution involving a neutral third party mediator who assists the parties reach a mutually agreeable resolution. Mediation is the fastest growing Alternative Dispute Resolution (ADR) method. In mediation, the parties create their own settlement terms with the assistant of an impartial mediator. **Categories:** Mediation FAQs --- ### [How long does the average divorce take in the litigation process?](https://www.bestlawaz.com/faqs/how-long-does-the-average-divorce-take-in-the-litigation-process/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** In the Phoenix area, the average divorce proceedings take 6-12 months. **Categories:** Mediation FAQs --- ### [Is spousal maintenance taxable?](https://www.bestlawaz.com/faqs/is-spousal-maintenance-taxable/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Check with your accountant but in general, spousal maintenance is taxable to receiver and tax deductible to the payor. **Categories:** Spousal Maintenance FAQs --- ### [What if my husband has quit his job on purpose to avoid paying me?](https://www.bestlawaz.com/faqs/what-if-my-husband-has-quit-his-job-on-purpose-to-avoid-paying-me/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you can prove it, the court will consider the earning potential, not necessarily what he is actually earning. You would want to get his work records through discovery to find out if he quit, was fired, or was laid off. **Categories:** Spousal Maintenance FAQs --- ### [What if my husband had a really good job and now is unemployed?](https://www.bestlawaz.com/faqs/what-if-my-husband-had-a-really-good-job-and-now-is-unemployed/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Depends, if he cannot find employment, you may not be entitled to any spousal maintenance. You will have to investigate the reasons for the unemployment. **Categories:** Spousal Maintenance FAQs --- ### [Am I entitled to live the same as I did when we were married?](https://www.bestlawaz.com/faqs/am-i-entitled-to-live-the-same-as-i-did-when-we-were-married/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. The style to which you have been accustomed is not the standard. **Categories:** Spousal Maintenance FAQs --- ### [Does it matter how many children we have?](https://www.bestlawaz.com/faqs/does-it-matter-how-many-children-we-have/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. **Categories:** Spousal Maintenance FAQs --- ### [Can I waive my spousal maintenance?](https://www.bestlawaz.com/faqs/can-i-waive-my-spousal-maintenance/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. **Categories:** Spousal Maintenance FAQs --- ### [Can either a husband or a wife receive spousal maintenance?](https://www.bestlawaz.com/faqs/can-either-a-husband-or-a-wife-receive-spousal-maintenance/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. **Categories:** Spousal Maintenance FAQs --- ### [Is spousal maintenance considered my salary for child support calculations?](https://www.bestlawaz.com/faqs/is-spousal-maintenance-considered-my-salary-for-child-support-calculations/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. **Categories:** Spousal Maintenance FAQs --- ### [What if my former spouse refuses to give me current financial information relating to support or changes in jobs? (A.R.S. §25-513)](https://www.bestlawaz.com/faqs/what-if-my-former-spouse-refuses-to-give-me-current-financial-information-relating-to-support-or-changes-in-jobs-a-r-s-§25-513/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You may send a written request by certified mail to your former spouse’s employer or former employer requesting detailed information about all pay and benefits paid to your former spouse by the employer. You may also file a Petition for Order to Show Cause or request for expedited hearing requiring your spouse to provide you with the relevant information and to keep you apprised of his or her current employer’s address. You should consult with an attorney. **Categories:** Spousal Maintenance FAQs --- ### [What if my spouse quits working in order to stop having to pay spousal maintenance?](https://www.bestlawaz.com/faqs/what-if-my-spouse-quits-working-in-order-to-stop-having-to-pay-spousal-maintenance/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** A former spouse cannot avoid spousal maintenance or child support by voluntarily reducing or terminating his or her employment. The Court has the discretion to attribute income to a spouse who voluntarily reduces his or her income and to require the paying spouse to pay spousal maintenance or child support in the former amount. The test is earning potential, not the actual earnings if there was some kind of mischief. **Categories:** Spousal Maintenance FAQs --- ### [Can spousal maintenance be modified?](https://www.bestlawaz.com/faqs/can-spousal-maintenance-be-modified/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, under certain circumstances and depending upon how your decree or property settlement agreement was drafted. **Categories:** Spousal Maintenance FAQs --- ### [When does spousal maintenance end? (A.R.S. §25-327)](https://www.bestlawaz.com/faqs/when-does-spousal-maintenance-end-a-r-s-§25-327/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Spousal maintenance terminates upon the death or remarriage of the receiving spouse. This is called non-modifiable but excludes these two situations. There will be a beginning date and an ending date for the payments if you negotiate it and if a court orders it. **Categories:** Spousal Maintenance FAQs --- ### [How is spousal maintenance paid?](https://www.bestlawaz.com/faqs/how-is-spousal-maintenance-paid/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It can be paid directly from one spouse to the other. Both parties should keep very accurate records of the payments. The court may order the payments to be made through the Clearinghouse, administered by the State of Arizona. They keep track of payments for you. Failure to pay is more easily handled in the court if the payments go through the Clearinghouse. Be aware that there is a lag time between the time payment is made and the time it is received if you go through the State. **Categories:** Spousal Maintenance FAQs --- ### [Can I establish paternity without an attorney?](https://www.bestlawaz.com/faqs/can-i-establish-paternity-without-an-attorney/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, you can find the necessary paperwork on the Maricopa County website. **Categories:** Unmarried Parents FAQs --- ### [Can we establish paternity without going to court?](https://www.bestlawaz.com/faqs/can-we-establish-paternity-without-going-to-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, you may be able to draft a legally binding agreement, signed by both parties, without filing it with the court. It is not however, a court order unless a Judge signs off on your agreement. **Categories:** Unmarried Parents FAQs --- ### [Is it free to submit paternity paperwork for the state?](https://www.bestlawaz.com/faqs/is-it-free-to-submit-paternity-paperwork-for-the-state/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. The state does charge a fee depending on what paperwork is required to prove paternity. **Categories:** Unmarried Parents FAQs --- ### [Does it matter how old my child is?](https://www.bestlawaz.com/faqs/does-it-matter-how-old-my-child-is/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Not as long as he/she is a minor. Arizona law allows parents to establish paternity anytime during pregnancy up until the child turns 18. **Categories:** Unmarried Parents FAQs --- ### [If I obtain paternity does that mean I can be required to pay child support?](https://www.bestlawaz.com/faqs/if-i-obtain-paternity-does-that-mean-i-can-be-required-to-pay-child-support/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, it will. Every parent must pay for their children, whether they live at the house or whether you must pay the other parent who cares for them. **Categories:** Unmarried Parents FAQs --- ### [My name is on the birth certificate signed by the hospital staff; doesn’t that prove I am the father?](https://www.bestlawaz.com/faqs/my-name-is-on-the-birth-certificate-signed-by-the-hospital-staff-doesnt-that-prove-i-am-the-father/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If it is uncontested, yes it does. **Categories:** Unmarried Parents FAQs --- ### [I’m not married but have a baby, what are my rights?](https://www.bestlawaz.com/faqs/im-not-married-but-have-a-baby-what-are-my-rights/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You have no parental rights until paternity is established. That does not mean, however, that the Father should be denied time with the child. A later determination about disputed custody will include the court reviewing how each parent treated the other parent with regard to access to the baby or child. If a parent denies the other parent time with the child for no good reason, it will be reviewed at a later date regarding custody. Good reason could include domestic violence, drug abuse, mental illness, criminal behavior or child abuse. **Categories:** Unmarried Parents FAQs --- ### [What can the attorneys at Best Law Firm do for me?](https://www.bestlawaz.com/faqs/what-can-the-attorneys-at-best-law-firm-do-for-me/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It is important to have attorneys explain to you what the consequences will be of any legal action. Even if a legal action is simple, it can have important consequences down the road. The attorneys at Best Law Firm will be able to explain this to you and help you fill out any documents and submit them to the court thus simplifying the process for you. **Categories:** Unmarried Parents FAQs --- ### [I had stocks before marriage, but bought more stock after marriage. Who gets the stocks?](https://www.bestlawaz.com/faqs/i-had-stocks-before-marriage-but-bought-more-stock-after-marriage-who-gets-the-stocks/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The stocks you had prior to marriage are your sole and separate property. The stocks that you purchased with community funds are community property. **Categories:** Property Division FAQs --- ### [I won a settlement for a car accident and put it in an account with both our names on it. Do I have to split it?](https://www.bestlawaz.com/faqs/i-won-a-settlement-for-a-car-accident-and-put-it-in-an-account-with-both-our-names-on-it-do-i-have-to-split-it/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you can trace the original amount, it will most likely still be considered your sole and separate property. If it is commingled beyond recognition, you will most likely have to split it. **Categories:** Property Division FAQs --- ### [I won an award for a car accident and put it in an account in my name alone. Do I have to split it during the divorce?](https://www.bestlawaz.com/faqs/i-won-an-award-for-a-car-accident-and-put-it-in-an-account-in-my-name-alone-do-i-have-to-split-it-during-the-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, a personal injury settlement for pain and suffering is your sole and separate property. **Categories:** Property Division FAQs --- ### [I am getting ready to file for divorce. Can I take all the money out of our joint savings account?](https://www.bestlawaz.com/faqs/i-am-getting-ready-to-file-for-divorce-can-i-take-all-the-money-out-of-our-joint-savings-account/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, because although the temporary injunction is not in place, you are intending to file and it is not fair to take all the money. You may take half of the money and this should not cause any problems in case you have to explain this to a judge. **Categories:** Property Division FAQs --- ### [What if my spouse does not pay the community debts as ordered in the final decree? Can our creditors force me to pay?](https://www.bestlawaz.com/faqs/what-if-my-spouse-does-not-pay-the-community-debts-as-ordered-in-the-final-decree-can-our-creditors-force-me-to-pay/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **Categories:** Property Division FAQs --- ### [I inherited money when my mom died six years ago and put my husband’s name on the account. Is this money community or my sole and separate money?](https://www.bestlawaz.com/faqs/i-inherited-money-when-my-mom-died-six-years-ago-and-put-my-husbands-name-on-the-account-is-this-money-community-or-my-sole-and-separate-money/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** This might be considered gifted to him and commingled with community funds. If you can trace the amount, you can have it returned to you. A fair way to handle this is to allow you to get your lump sum deposit back. If there is an issue of commingling, such as you putting other community money into the account, it is discretionary with the judge. Let’s assume that you inherited $100,000 and put it in an account and never did anything else with that account. You should be able to consider it sole and separate and it should be awarded to you. **Categories:** Property Division FAQs --- ### [Who gets the vehicles during a divorce if both vehicles have debt and no equity in our?](https://www.bestlawaz.com/faqs/who-gets-the-vehicles-during-a-divorce-if-both-vehicles-have-debt-and-no-equity-in-our/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Usually whoever gets the vehicle gets the debt. Remember, the lender will not honor your decree; your spouse can ruin your credit if he/she does not pay. There can still be an equitable set-off. **Categories:** Property Division FAQs --- ### [Who gets our digital camera in our divorce?](https://www.bestlawaz.com/faqs/who-gets-our-digital-camera-in-our-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you both use it and bought it with community funds, it needs to be divided along with other property. **Categories:** Property Division FAQs --- ### [What is considered my sole and separate personal property?](https://www.bestlawaz.com/faqs/what-is-considered-my-sole-and-separate-personal-property/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Usually jewelry given, gifted to you, your sports equipment, your personal electronics, clothing, and whatever you owned prior to marriage. Also, anything you owned prior to marriage and anything you inherited is your sole and separate property. **Categories:** Property Division FAQs --- ### [Who gets the kids’ furniture in the divorce?](https://www.bestlawaz.com/faqs/who-gets-the-kids-furniture-in-the-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** This is negotiable, but it should be a consideration if one parent has to buy all new furniture, beds, etc. for the kids in a shared custody arrangement. **Categories:** Property Division FAQs --- ### [My spouse made the down payment but after our marriage put the house deed in both names as joint tenants. Is the house community or separate property?](https://www.bestlawaz.com/faqs/my-spouse-made-the-down-payment-but-after-our-marriage-put-the-house-deed-in-both-names-as-joint-tenants-is-the-house-community-or-separate-property/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The house is community property and the spouse who made the down payment most likely “gifted” the property to the other spouse. **Categories:** Property Division FAQs --- ### [Who pays for repairs while our house is for sale?](https://www.bestlawaz.com/faqs/who-pays-for-repairs-while-our-house-is-for-sale/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You can agree that the party living in it pays for everything under a certain amount such as $100. Any other repairs are split 50-50 and can be reimbursed at the sale. It might be wise to purchase a home warranty to prevent any unexpected expenses. **Categories:** Property Division FAQs --- ### [What do I do if my husband will not get out of the house and I just filed for divorce.](https://www.bestlawaz.com/faqs/what-do-i-do-if-my-husband-will-not-get-out-of-the-house-and-i-just-filed-for-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You will have to file a motion to ask the court for exclusive use of the home. This is discretionary with the Judge and will likely take a month or more to get a hearing; usually this is part of a temporary orders hearing. If you both own the house, maybe you can negotiate this move. Once one person moves out, the leaving spouse should not come and go in the house without permission of the other spouse. Some judges consider the “leaving spouse” as moved out of the house until further court order. **Categories:** Property Division FAQs --- ### [My spouse and I purchased the house together but I made her sign a disclaimer deed two years later when I refinanced the house. The house is all mine, right?](https://www.bestlawaz.com/faqs/my-spouse-and-i-purchased-the-house-together-but-i-made-her-sign-a-disclaimer-deed-two-years-later-when-i-refinanced-the-house-the-house-is-all-mine-right/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Quite possibly, but while disclaimer deeds are valid, there can be suspect issues. Disclaimer deeds make it look like you were trying to cheat your spouse out of the house. A court will want to know if she was represented by counsel and how much she understood about that she was doing. And again, there is the equitable lien issue as outlined above. **Categories:** Property Division FAQs --- ### [What if I paid the down payment, my spouse has lived here during our entire marriage but her name is not on the deed?](https://www.bestlawaz.com/faqs/what-if-i-paid-the-down-payment-my-spouse-has-lived-here-during-our-entire-marriage-but-her-name-is-not-on-the-deed/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The house most likely remains your sole and separate property but your spouse has an equitable lien on the house for the community effort put into the house during the marriage that increased its value. You may want to consult an attorney. **Categories:** Property Division FAQs --- ### [Decide who pays for repairs during the dissolution, who should sell and how long they have to sell? If one party agrees to buy out the other party, when do you appraise the house? What if one party made the down payment with money earned prior to marriage, but after marriage put the house deed in both names as joint tenants?](https://www.bestlawaz.com/faqs/decide-who-pays-for-repairs-during-the-dissolution-who-should-sell-and-how-long-they-have-to-sell-if-one-party-agrees-to-buy-out-the-other-party-when-do-you-appraise-the-house-what-if-one-party-ma/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The house is community property and the spouse who made a down payment may have “gifted” the property to the other spouse. Some courts will award the spouse a return of the down payment and then split the net equity. **Categories:** Property Division FAQs --- ### [What if neither of us can afford the house?](https://www.bestlawaz.com/faqs/what-if-neither-of-us-can-afford-the-house/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** This is no different than if you were together. You have the same problems and issues as if you were together (divorce just makes it more difficult). The mortgage company expects both of you to pay. If there is a deficiency judgment because of a line of credit, the creditor will look to both of you to pay, no matter what your divorce agreement says. **Categories:** Property Division FAQs --- ### [What happens our business when we get a divorce?](https://www.bestlawaz.com/faqs/what-happens-our-business-when-we-get-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** During the divorce process, the court will usually attempt to keep the things the way they presently are when it comes to the day-to-day operations of a family business. A business valuation expert can assess the value of the business during the pendency of the divorce matter. The court, with the input from the business valuation expert, will determine the value of the family business. The spouse that is ultimately awarded the business may be required to pay the other spouse that individual’s share of the business. That amount is normally one-half of the value assigned to the family owned business. You should consult an attorney for this matter. **Categories:** Property Division FAQs --- ### [Can our creditors force me to pay my spouses debts?](https://www.bestlawaz.com/faqs/can-our-creditors-force-me-to-pay-my-spouses-debts/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, Arizona Revised Statute §25-318 states that a creditor can collect a marital debt from either spouse regardless of which spouse is ordered to pay the debt by the Court. The innocent spouse then has the right to recover from the obligated spouse, unless he or she files bankruptcy. If a party fails to comply with an order to pay debts, the Court may enter orders transferring the property of that spouse to compensate the other party. **Categories:** Property Division FAQs --- ### [What happens to debts during a divorce?](https://www.bestlawaz.com/faqs/what-happens-to-debts-during-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Arizona Revised Statute §25-318 provides that Debt incurred during the marriage is presumed to be community debt. Generally the Court divides debt equally. Debt incurred by a spouse before the marriage remains the separate debt of that spouse. The Court may also order the parties to submit a debt distribution plan. Within thirty days after receipt of a written request for information from a litigant which includes the Court name and cause number, a creditor shall provide the balance and account status of any debts of either party or both spouses, identified by account number, for which the requesting spouse may be liable to the creditor. **Categories:** Property Division FAQs --- ### [What property is not divided?](https://www.bestlawaz.com/faqs/what-property-is-not-divided/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Per Arizona Revised Statute §25-213 “Separate Property” cannot be divided by the Court. Separate property consists of items owned before the marriage or received as an inheritance or gift during the marriage and kept separate during the marriage. It is possible for a person to gift his or her separate property to the community-for example, by re-titling the property as community property. **Categories:** Property Division FAQs --- ### [Is everything we own considered community property?](https://www.bestlawaz.com/faqs/is-everything-we-own-considered-community-property/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** According to Arizona Revised Statute, section 25-211, generally anything that a married couple accumulates during the marriage is considered community property, that is, both spouses own an undivided share of the whole. Exceptions to this general principle include those assets acquired prior to the marriage, by gift, devise (by a will) or descent (inheritance). Because the Arizona courts start with a strong presumption that anything acquired during marriage is a community item, the spouse claiming a particular item is not community property has the burden of proving otherwise. **Categories:** Property Division FAQs --- ### [How will our property be divided? (A.R.S. §28-211 & 25-318)](https://www.bestlawaz.com/faqs/how-will-our-property-be-divided-a-r-s-§28-211-25-318/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You and your spouse may decide this for yourselves, but is important to note that Arizona is a community property state. In accordance with Arizona Revised Statute §25-211, community property is all property acquired during the marriage by the efforts of either party through the date of service of the Petition for Dissolution. The court presumes that each spouse is entitled to 50% of the assets acquired during marriage. Also, the courts generally seek to divide debt equitably in a divorce case. This does not automatically mean that each spouse will have 50% of the debt assigned to them. The court will take into consideration the spouse’s income, ability to pay debts and issues of waste of community property assets. **Categories:** Property Division FAQs --- ### [What is a parenting conference?](https://www.bestlawaz.com/faqs/what-is-a-parenting-conference/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It is a meeting with a neutral third party who talks with both parties and then drafts a report to give to the court. It can be ordered by the court or requested by either party. **Categories:** Child Custody FAQs --- ### [I think my ex’s behavior reflects instability and potential likelihood for harm to my children if my ex does not undergo proper treatment. Is there anything that I can ask the Court for?](https://www.bestlawaz.com/faqs/i-think-my-exs-behavior-reflects-instability-and-potential-likelihood-for-harm-to-my-children-if-my-ex-does-not-undergo-proper-treatment-is-there-anything-that-i-can-ask-the-court-for/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You could ask for a Rule 63 psychological or psychiatric examination or a custody evaluation. **Categories:** Child Custody FAQs --- ### [Do my kids have to go to court?](https://www.bestlawaz.com/faqs/do-my-kids-have-to-go-to-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, judges do not care to speak with children. Your children can talk to counselors and they can write reports. Also, the Court’s Conciliation Services may choose to interview your children as part of a Parenting Conference. Children over the age of six or seven can usually be interviewed. **Categories:** Child Custody FAQs --- ### [Will the court tell me when I can see my kids?](https://www.bestlawaz.com/faqs/will-the-court-tell-me-when-i-can-see-my-kids/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Only if you and your ex cannot agree. You really do not want to turn this life-changing decision over to a stranger who will only get to know your family in a few hours or so of an evidentiary hearing. Not only do you relinquish all control, but having to testify and perhaps say negative things or answer embarrassing questions can leave the family scarred and impact future interactions. There is no need to litigate these issues unless there is a domestic violence, drug or other abuse issue and you must have the help of the court to protect your children. **Categories:** Child Custody FAQs --- ### [My husband is doing whatever I do. If I take the children for ice cream on my weekend, he does it on his next visit. When I started reading them books at night, he started doing it on his parenting time. I bet he is just doing it to look good. What gives?](https://www.bestlawaz.com/faqs/my-husband-is-doing-whatever-i-do-if-i-take-the-children-for-ice-cream-on-my-weekend-he-does-it-on-his-next-visit-when-i-started-reading-them-books-at-night-he-started-doing-it-on-his-parenting-ti/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Perhaps you are modeling parenting behavior for him. He is actually learning how to be a good parent by watching you. Good for your family! Keep up the good work! Be proud of him and happy for your kids. **Categories:** Child Custody FAQs --- ### [My husband never really helped parent the kids but now he wants 50/50 time with them. Is he likely to get 50/50 parenting time?](https://www.bestlawaz.com/faqs/my-husband-never-really-helped-parent-the-kids-but-now-he-wants-50-50-time-with-them-is-he-likely-to-get-50-50-parenting-time/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Who has provided primary care in the past is no longer considered in determining what arrangement is in the children’s best interests. Perhaps he never had the chance to co-parent in the past. But if he is doing a good job, the kids are happy and he is now a good, involved father, congratulations to your family! Fathers often shift their work focus after a divorce so they can stay involved in their children’s lives and that is a good thing. **Categories:** Child Custody FAQs --- ### [Should we put our parenting time schedule in writing?](https://www.bestlawaz.com/faqs/should-we-put-our-parenting-time-schedule-in-writing/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. You can write and sign an agreement, as can be found in the Arizona Rules of Family Law Procedure Rule 69 that will be valid in court. You can attach it to your joint parenting agreement or re-write into your final joint parenting agreement. It is valid, even if it is not filed with the court. It is a good idea to put it in writing during the pendency of the divorce just so you have some certainty. **Categories:** Child Custody FAQs --- ### [Can I get temporary legal decision-making and parenting time?](https://www.bestlawaz.com/faqs/can-i-get-temporary-legal-decision-making-and-parenting-time/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You must file a motion asking for it, after the petition for divorce is filed or with the petition as it is being filed. The court will set a hearing date, take evidence and make a decision if you all cannot decide. You really should be able to decide on a written temporary agreement. Sometimes parents try different schedules until they find one that works. Not all the children in a family have to have the same schedule. **Categories:** Child Custody FAQs --- ### [We have not been to court yet and there are no orders. Who gets the kids right now?](https://www.bestlawaz.com/faqs/we-have-not-been-to-court-yet-and-there-are-no-orders-who-gets-the-kids-right-now/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It is basically a free-for-all, unless you all can decide. Just remember, what you do now can be reported to the court later. If you unreasonably keep the children away from one parent, out of vindictiveness, that will be contrary to you obtaining legal decision-making. **Categories:** Child Custody FAQs --- ### [How does parenting time affect child support?](https://www.bestlawaz.com/faqs/how-does-parenting-time-affect-child-support/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The parenting time arrangement is one factor considered in the worksheet. **Categories:** Child Custody FAQs --- ### [My son wants to go to his band banquet on Friday night, but it is my parenting time and I do not want him to go. Should I let my son go?](https://www.bestlawaz.com/faqs/my-son-wants-to-go-to-his-band-banquet-on-friday-night-but-it-is-my-parenting-time-and-i-do-not-want-him-to-go-should-i-let-my-son-go/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Is this a question you are seriously asking? If you contemplated not allowing your son to attend his band banquet then take a step back and think about your son’s best interest, not yours. If you do not allow your child to go, you are forcing your son to spend time with you because it is “your” time. You should seriously consider whose needs you are thinking about. We have heard on more than one occasion that it is “not in the child’s best interest” to be involved in school activities during one parent’s time, but that is simply not the case. It is important as a parent that you stay involved in your children’s lives. Your life should revolve around their activities, not the other way around. **Categories:** Child Custody FAQs --- ### [We decided our kids would be Catholic. My ex will not take them to mass on her Sundays. Can I ask the Court to make my ex take our children to mass?](https://www.bestlawaz.com/faqs/we-decided-our-kids-would-be-catholic-my-ex-will-not-take-them-to-mass-on-her-sundays-can-i-ask-the-court-to-make-my-ex-take-our-children-to-mass/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The court will not mandate where each parent takes the children to worship on their respective weekends. If you have a written agreement in your decree as part of your joint parenting agreement, the court will enforce it. **Categories:** Child Custody FAQs --- ### [My former ex wants to go on a cruise to other countries. I will not let the kids get passports. Can he get my children passports without my approval?](https://www.bestlawaz.com/faqs/my-former-ex-wants-to-go-on-a-cruise-to-other-countries-i-will-not-let-the-kids-get-passports-can-he-get-my-children-passports-without-my-approval/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** This can get sticky, since there are hundreds of international abductions every year. If you truly believe it is for a cruise, you might consider it. You can ask for the written itinerary and documentation showing that they are really going on the cruise. Generally the abduction of children comes as no surprise to the abandoned parent. You could agree to have the passports kept in a safety deposit box that requires two signatures to retrieve. If your ex has citizenship in another country, you might want to do research to find out about whether that country is a member of the Hague Convention and whether you could retrieve the children if they were kidnapped. You should seek legal advice if kidnapping is a real concern. **Categories:** Child Custody FAQs --- ### [My ex mother-in-law is coming for vacation. She wants to see our kids for a concert on my Saturday. I am afraid if I give in, I will always be giving in. Should I let my kids see her?](https://www.bestlawaz.com/faqs/my-ex-mother-in-law-is-coming-for-vacation-she-wants-to-see-our-kids-for-a-concert-on-my-saturday-i-am-afraid-if-i-give-in-i-will-always-be-giving-in-should-i-let-my-kids-see-her/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You should very seriously consider it. Do your kids want to go? Remember, while this is “your” time, it is also their childhood. Try to negotiate and get make up time or be gracious and let it go, knowing that your former ex will return the favor when your parents come to town. Keep your kids first. **Categories:** Child Custody FAQs --- ### [My-14-year old does not like her father. Should I make her go visit him?](https://www.bestlawaz.com/faqs/my-14-year-old-does-not-like-her-father-should-i-make-her-go-visit-him/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Do you know why she does not like to visit him? If he is safe and his house is safe, you should do everything you can to encourage the relationship. She may be taking on your negativity or he may just not be a very attentive parent. Help him be a better parent by role modeling for him and discussing this with him. Maybe they could go to counseling together. Teenagers often do not want to be with either parent. It is important, however, to provide ample time with each parent. **Categories:** Child Custody FAQs --- ### [My ex has physically abused me. Can he still be awarded legal decision-making and parenting time with the kids?](https://www.bestlawaz.com/faqs/my-ex-has-physically-abused-me-can-he-still-be-awarded-legal-decision-making-and-parenting-time-with-the-kids/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Significant domestic violence is contrary to joint legal decision-making. Please consult with an experienced family law attorney. **Categories:** Child Custody FAQs --- ### [Can my ex have parenting time with the children if they smoke pot?](https://www.bestlawaz.com/faqs/can-my-ex-have-parenting-time-with-the-children-if-they-smoke-pot/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Not unless it is supervised. Drug use will preclude him from having unsupervised parenting time. You should ask the court to have him drug tested at TASC (Treatment Assessment Screening Center). Their website is: www.tascaz.org. You might want to consult with an attorney as this issue can become complicated. **Categories:** Child Custody FAQs --- ### [My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend?](https://www.bestlawaz.com/faqs/my-wife-has-the-kids-every-monday-and-tuesday-but-she-is-starting-school-and-leaves-the-kids-with-her-boyfriend-can-i-have-parenting-time-with-my-children-instead-of-her-boyfriend/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** My wife has the kids every Monday and Tuesday, but she is starting school and leaves the kids with her boyfriend. Can I have parenting time with my children instead of her boyfriend? **Categories:** Child Custody FAQs --- ### [My wife has the kids every other weekend but she works and leaves them with her mother. What can I do?](https://www.bestlawaz.com/faqs/my-wife-has-the-kids-every-other-weekend-but-she-works-and-leaves-them-with-her-mother-what-can-i-do/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You could have an agreement called a “right of first refusal.” This is a common provision which reads that if one parent who has the kids is gone for more than 4 hours, s/he will call the other parent and offer them the “right” to parent the kids before anyone else. If the other parent is busy, then Parent #1 can leave the kids with a responsible person of their choice. In the past this has created a great deal of litigation and is not a favored provision by most judges. **Categories:** Child Custody FAQs --- ### [Can she schedule soccer when they are with me?](https://www.bestlawaz.com/faqs/can-she-schedule-soccer-when-they-are-with-me/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The short answer is no. It is best if this can be negotiated. It is unknown what each judge would decide. Some believe that a parent can only schedule on their own time. This basically eliminates your children from most activities. This is probably one of the most hotly litigated issues after divorce. Think of it this way: it is not “your time;” it is your child’s childhood. **Categories:** Child Custody FAQs --- ### [How much do I have to pay in child support?](https://www.bestlawaz.com/faqs/how-much-do-i-have-to-pay-in-child-support/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It all depends; this is discussed in the [child support section](https://www.bestlawaz.com/child-support-laws-in-arizona/) or [child support calculator](https://www.bestlawaz.com/arizona-child-support-calculator-az/) of our website. **Categories:** Child Custody FAQs --- ### [Can I stop my ex from dating when she has the kids?](https://www.bestlawaz.com/faqs/can-i-stop-my-ex-from-dating-when-she-has-the-kids/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, as long as they are safe, there is not much you can do. You have the right to know who the children are spending time with and whether they are spending the night somewhere other than their home with the other parent. Be reasonable in these requests but keep your children safe. You might want to know the person’s birth date and social security number so you can run a background check on him/her. You have a right to know your children are safe. **Categories:** Child Custody FAQs --- ### [We aren’t divorced yet and my wife took the kids out of state. Can she do this?](https://www.bestlawaz.com/faqs/we-arent-divorced-yet-and-my-wife-took-the-kids-out-of-state-can-she-do-this/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Once the divorce is filed and served, neither parent can take the children out of state without permission of the other parent or the court. **Categories:** Child Custody FAQs --- ### [How does the court decide legal decision-making?(A.R.S. §25-403)](https://www.bestlawaz.com/faqs/how-does-the-court-decide-legal-decision-makinga-r-s-§25-403/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The court looks at the following factors: - The past, present and potential future relationship between the parent and the child. - The wishes of the child’s parent or parents as to legal decision-making. - If the child is of suitable age and maturity, the wishes of the child as to the custodian. - The interaction and interrelationships of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. - The child’s adjustment to home, school and community. - The mental and physical health of all individuals involved. - Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. - The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making. - Whether a parent has complied with chapter 3, article 5 of this title. - Whether either parent was convicted of an act of false reporting of child abuse or neglect under section 13-2907.02. **Categories:** Child Custody FAQs --- ### [Do the courts favor mothers?](https://www.bestlawaz.com/faqs/do-the-courts-favor-mothers/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** There is no such preference. There are many factors that the court considers but courts do not favor mothers over fathers. **Categories:** Child Custody FAQs --- ### [How are property and debts divided in a legal separation?](https://www.bestlawaz.com/faqs/how-are-property-and-debts-divided-in-a-legal-separation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Arizona is a community property state. This means that any property that was obtained, income acquired or debt incurred during the marriage will most likely be divided evenly. Property that was gifted to or inherited by one spouse or was owned by a spouse prior to the marriage is considered separate property and may be protected from the claims of the other spouse. **Categories:** Legal Separation FAQs --- ### [Do all separations have to go to trial?](https://www.bestlawaz.com/faqs/do-all-separations-have-to-go-to-trial/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, in fact the majority of separations in Arizona eventually settle without the need to go to a final trial. But, if you are unhappy with the settlement proposals being made by your spouse or they are refusing to accept your proposals, then you may need to mediate, obtain counsel, or go to trial. **Categories:** Legal Separation FAQs --- ### [Does it matter who files for legal separation first?](https://www.bestlawaz.com/faqs/does-it-matter-who-files-for-legal-separation-first/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** In Maricopa County, the party who files first will have his or her case set in the courthouse nearest their address. There are four courthouses in the Valley and you may prefer being in one location rather than another. **Categories:** Legal Separation FAQs --- ### [What happens if I get served with separation papers?](https://www.bestlawaz.com/faqs/what-happens-if-i-get-served-with-separation-papers/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Many people simply ignore the papers they receive, or simply take the word of the other spouse that they do not have to do anything. Ignoring the paperwork and failing to file a response can lead to disaster. Despite how much you may want to cooperate with your spouse, or be unable to react due to the emotional stress, you cannot ignore the paperwork. A divorce or separation is like any other civil lawsuit. If you do not respond, you will be in default and can lose many rights that could have protected you. **Categories:** Legal Separation FAQs --- ### [Who gets to live in the home and how are bills paid while a legal separation is being prosecuted?](https://www.bestlawaz.com/faqs/who-gets-to-live-in-the-home-and-how-are-bills-paid-while-a-legal-separation-is-being-prosecuted/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** These issues can be addressed by agreement between the parties, but if you do not have agreements, the court can grant temporary orders to address specifically those and other issues. These temporary orders will govern until the case is finished. This is the same process in a dissolution. **Categories:** Legal Separation FAQs --- ### [How do I start a legal separation?](https://www.bestlawaz.com/faqs/how-do-i-start-a-legal-separation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** To start a legal separation, one party needs to file a petition for legal separation. There are two different petitions; one for families with children and one for families without children. The petition must be served on the other party, just as in dissolution. **Categories:** Legal Separation FAQs --- ### [What does the court do if one spouse wants a legal separation and the other spouse wants a divorce?](https://www.bestlawaz.com/faqs/what-does-the-court-do-if-one-spouse-wants-a-legal-separation-and-the-other-spouse-wants-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The court has no discretion when one spouse seeks a legal separation and the other spouse asks the court to enter a divorce. The court must allow the divorce to proceed if either spouse requests a divorce. **Categories:** Legal Separation FAQs --- ### [Can I change an Arizona legal separation into a divorce?](https://www.bestlawaz.com/faqs/can-i-change-an-arizona-legal-separation-into-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You may always convert an Arizona legal separation to a divorce at any time. In fact, you may convert the legal separation to a divorce before or after the final Decree of Legal Separation is issued by the court. **Categories:** Legal Separation FAQs --- ### [Can I stop an Arizona legal separation proceeding?](https://www.bestlawaz.com/faqs/can-i-stop-an-arizona-legal-separation-proceeding/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You may only stop a legal separation proceeding if the other party has not been served with the petition or the other person has been served with that petition, but he or she agrees for the case to be dismissed. In either case, the dismissal of the legal separation must occur before the court enters a final Decree of Legal Separation. **Categories:** Legal Separation FAQs --- ### [How do I get a legal separation in Arizona?](https://www.bestlawaz.com/faqs/how-do-i-get-a-legal-separation-in-arizona/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** A legal separation in Arizona is obtained in the same manner as a divorce. In both cases, an initial petition is filed with the Superior Court. The petition is served on the other spouse, and the parties either submit a settlement agreement resolving all of the issues in the case, or the issues are presented to the court at a trial, after which, the judge issues final orders resolving the issues in the case. The procedural steps in an Arizona legal separation case are identical to the steps necessary to complete a divorce. **Categories:** Legal Separation FAQs --- ### [Why would someone choose a legal separation over a divorce in Arizona?](https://www.bestlawaz.com/faqs/why-would-someone-choose-a-legal-separation-over-a-divorce-in-arizona/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Although there are many personal reasons a person may seek a legal separation, as opposed to a divorce, some of those reasons may be: religion, health insurance and debts, such as gambling. Also, circumstances may exist in which a spouse has a significant physical ailment that would not be covered by his or her health insurance plan or by some other plan if the parties were divorced. In some circumstances, a legal separation may provide a more suitable alternative to a divorce. **Categories:** Legal Separation FAQs --- ### [What is the difference between a legal separation and a divorce in Arizona?](https://www.bestlawaz.com/faqs/what-is-the-difference-between-a-legal-separation-and-a-divorce-in-arizona/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** An Arizona legal separation and an Arizona divorce are almost identical. In fact, there are more similarities than differences. In both cases, the court will issue final orders dividing the spouses’ debts and assets, enter decision-making and parenting time orders regarding the parties’ children and enter child support and spousal maintenance orders. Additionally, the community property rights and obligations previously existing between the spouses are terminated. The only significant difference between a divorce and legal separation in Arizona is that the parties are not legally restored to the status of single persons and may not, therefore, remarry. **Categories:** Legal Separation FAQs --- ### [I cannot afford health insurance. If I file for divorce, can my husband stop paying for it while we are in the divorce proceedings?](https://www.bestlawaz.com/faqs/i-cannot-afford-health-insurance-if-i-file-for-divorce-can-my-husband-stop-paying-for-it-while-we-are-in-the-divorce-proceedings/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. After one spouse is served with the dissolution or legal separation documents, no insurance of any kind can be canceled or modified to the detriment of the other spouse. **Categories:** Divorce FAQs --- ### [When can we start divorce mediation?](https://www.bestlawaz.com/faqs/when-can-we-start-divorce-mediation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You can start this at anytime, even before you file. **Categories:** Divorce FAQs --- ### [Do divorce trials have juries?](https://www.bestlawaz.com/faqs/do-divorce-trials-have-juries/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, if your case is litigated, you will not have a jury. One judge will make all the decisions that the parties cannot agree on. **Categories:** Divorce FAQs --- ### [When is my marriage dissolution final?](https://www.bestlawaz.com/faqs/when-is-my-marriage-dissolution-final/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** A dissolution of marriage is final after the judge or commissioner takes testimony, signs the Decree and files it with the Clerk of the Court. **Categories:** Divorce FAQs --- ### [What if I don’t have money to pay the divorce filing or fee?](https://www.bestlawaz.com/faqs/what-if-i-dont-have-money-to-pay-the-divorce-filing-or-fee/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You may request that the Court waive or postpone payment of the filing or response fees. Forms must be completed and signed by you and submitted to the Court. The forms are free of charge and are available in the office of the Clerk of Superior Court. **Categories:** Divorce FAQs --- ### [Who can start a divorce?](https://www.bestlawaz.com/faqs/who-can-start-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** In Arizona, either spouse can ask the court for a divorce. A divorce is not awarded to either spouse; rather, it simply changes the status of the marriage relationship. **Categories:** Divorce FAQs --- ### [Where do I go to get divorced?](https://www.bestlawaz.com/faqs/where-do-i-go-to-get-divorced/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** In Arizona, only the Superior Court can grant a divorce. To get a divorce, one spouse must start a court case in the Superior Court. Although the Superior Court has a facility in each Arizona County, a court case to end a marriage must be started in the county where the person requesting the divorce lives. **Categories:** Divorce FAQs --- ### [What is a divorce “Decree?”](https://www.bestlawaz.com/faqs/what-is-a-divorce-decree/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Arizona Revised Statutes §25-312 and §35-325 provide that A Decree of Dissolution of Marriage is the final order of the Court which makes each party a single person again, and includes separate orders concerning child custody and visitation, child support, division of property and debts, spousal maintenance and any other appropriate orders. The Decree is the final order of the court legally ending the marriage. Spouses are not “divorced” until the court grants the divorce and the Decree is signed by the judge. A Decree of Dissolution is a court order and can be enforced just as any other order of the Court. A certified or duplicate copy of the Decree can be obtained from the Clerk of Superior Court for a small fee. **Categories:** Divorce FAQs --- ### [What if I change my mind after starting a divorce?](https://www.bestlawaz.com/faqs/what-if-i-change-my-mind-after-starting-a-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** If you and your spouse decide to stay married, the divorce case can be canceled or “dismissed” by filing a request with the Clerk of Superior Court and signed by both parties. **Categories:** Divorce FAQs --- ### [Can I represent myself in court?](https://www.bestlawaz.com/faqs/can-i-represent-myself-in-court-2/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, as it is not a requirement that you have an attorney to represent you in divorce proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **Categories:** Divorce FAQs --- ### [What is a Covenant Marriage?](https://www.bestlawaz.com/faqs/what-is-a-covenant-marriage/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You will most likely know if you have one of these; it is an optional type of marriage created by the state legislature that requires partners to complete marital counseling prior to marrying and to sign a special declaration to obtain a marriage license. In a covenant marriage, a legal separation or divorce may be granted only for certain reasons listed in state law. The law regarding covenant marriages can be found in Sections 25-901 through 25-906 of the Arizona Revised Statutes. **Categories:** Divorce FAQs --- ### [Does it matter if my spouse was having an affair?](https://www.bestlawaz.com/faqs/does-it-matter-if-my-spouse-was-having-an-affair/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, Arizona is a “no-fault state,” which means that the court does not require that one spouse prove blame or responsibility in order to end the marriage. However, in Covenant Marriage (see below), a court will not enter a decree of dissolution of marriage unless certain criteria are met. (See Arizona Revised Statute, Section 25-903 for the specific requirements). **Categories:** Divorce FAQs --- ### [Do I need a lawyer to get divorced?](https://www.bestlawaz.com/faqs/do-i-need-a-lawyer-to-get-divorced/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom but you are held to the standard of an attorney. **Categories:** Divorce FAQs --- ### [What if my spouse filed and I do not want to get divorced?](https://www.bestlawaz.com/faqs/what-if-my-spouse-filed-and-i-do-not-want-to-get-divorced/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** You cannot stop your spouse from divorcing you but you can file a request with the court to order a one hour conciliation meeting to try and reconcile. These rules change, depending on the budget, there may be a fee associated with reconciliation. During this “time out” for 60 days, there can be no “discovery” (see glossary) taking place. **Categories:** Divorce FAQs --- ### [Am I considered the “bad guy” if I file for divorce first?](https://www.bestlawaz.com/faqs/am-i-considered-the-bad-guy-if-i-file-for-divorce-first/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Someone has to be the Petitioner and someone has to be the Respondent. There is no advantage or disadvantage to either (other than perhaps assignment of the courthouse nearest to the Petitioner). **Categories:** Divorce FAQs --- ### [Can my spouse and I file for divorce together?](https://www.bestlawaz.com/faqs/can-my-spouse-and-i-file-for-divorce-together/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No, Arizona does not have a provision for any type of joint filing. **Categories:** Divorce FAQs --- ### [Where do I file for my divorce?](https://www.bestlawaz.com/faqs/where-do-i-file-for-my-divorce/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** There are currently four courthouse locations in Maricopa County, which are located Downtown, Northeast, Northwest and Southeast (see resource guide for other county courthouses). **Categories:** Divorce FAQs --- ### [How much does it cost to file for divorce in Maricopa County?](https://www.bestlawaz.com/faqs/how-much-does-it-cost-to-file-for-divorce-in-maricopa-county/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The Petitioner (initiator of the divorce) must pay Maricopa County $349.00 as of April, 2022 and the Respondent pays $274.00 for filing an answer. **Categories:** Divorce FAQs --- ### [Who actually divorces me?](https://www.bestlawaz.com/faqs/who-actually-divorces-me/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The divorce decree will be from the Judge or Commissioner assigned to your case who works for the Superior Court of Maricopa County, which is a state court. **Categories:** Divorce FAQs --- ### [How long does a divorce take?](https://www.bestlawaz.com/faqs/how-long-does-a-divorce-take/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** According to Arizona Revised Statute, section 25-329 and Arizona Rules of Civil Procedure 4.1(c), you must wait at least 60 days from the date your spouse was served before going to Court and having the Decree of Dissolution of Marriage entered. This assumes you and your spouse have agreed on the terms or your spouse is in default. When the spouses cannot agree on how to settle issues such as assets and debts, the length of time to get divorced can be longer. If you litigate the issues, it can take up to a year. **Categories:** Divorce FAQs --- ### [How much will it cost to get started?](https://www.bestlawaz.com/faqs/how-much-will-it-cost-to-get-started/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** $100. The first step is a consultation. At the initial consultation we will learn the facts of your case and figure out your ideal outcome. From there we can decide on a plan of action that meets your needs. **Categories:** Your Options FAQs --- ### [Do you offer payment plans?](https://www.bestlawaz.com/faqs/do-you-offer-payment-plans/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** We offer pay-as-you go plans. Each month you pay a fixed fee that’s agreed upon at the outset of your matter and we represent you through the duration of your matter or until our representation is no longer needed. **Categories:** Your Options FAQs --- ### [Why do I need an attorney?](https://www.bestlawaz.com/faqs/why-do-i-need-an-attorney/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** What you don’t know can hurt you. When you represent yourself you are held to the same standard as an attorney. The courts aren’t lenient with the rules. If something is filed incorrectly or deadlines are missed you’ll get no sympathy from the judge, just a quick lesson on the penalties for not meeting the standards of the legal system. **Categories:** Your Options FAQs --- ### [Do I have to hire an attorney?](https://www.bestlawaz.com/faqs/do-i-have-to-hire-an-attorney/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. All of the required forms are available on the Maricopa County Court’s website. **Categories:** Your Options FAQs --- ### [What are the court filing fees?](https://www.bestlawaz.com/faqs/what-are-the-court-filing-fees/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. All filing fees are payable to the Clerk of the Superior Court when you file your documents. For a complete list of Maricopa County Superior Court visit their website. The most common filing fees are listed below: Petition for Dissolution (Divorce) – $338. Response to Petition – $269. Establish Support – $268. Answer Establish Support – $199. Modification to Existing Order – $84. **Categories:** Document Preparation FAQs --- ### [Can I pay to have an attorney review my documents?](https://www.bestlawaz.com/faqs/can-i-pay-to-have-an-attorney-review-my-documents/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes. Just schedule a consultation with us and bring your documentation with you. We can review all of your documents to ensure that you have included everything you need. We can also take care of Filing and Serving your documents. **Categories:** Document Preparation FAQs --- ### [How long does it take to get my divorce documents drafted?](https://www.bestlawaz.com/faqs/how-long-does-it-take-to-get-my-divorce-documents-drafted/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Once we receive all the required information and verification pages from you, your documents will be ready for review within 1 week. **Categories:** Document Preparation FAQs --- ### [How much does it does Doc Prep cost?](https://www.bestlawaz.com/faqs/how-much-does-it-does-doc-prep-cost/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** It depends on what you need. We offer flat fees for most of the required court documents. See Above for a complete list of our costs and fees. **Categories:** Document Preparation FAQs --- ### [What’s the difference between using Best Law Firm as opposed to a company like Legal Zoom for my document preparation?](https://www.bestlawaz.com/faqs/whats-the-difference-between-using-best-law-firm-as-opposed-to-a-company-like-legal-zoom-for-my-document-preparation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Doc Prep services like Legal Zoom are not law firms. They cannot give you specific legal advice. When you use our services, you know your documents have been reviewed by a lawyer and if you have any questions during the process you can contact us at anytime. **Categories:** Document Preparation FAQs --- ### [Do I need a consultation with an attorney?](https://www.bestlawaz.com/faqs/do-i-need-a-consultation-with-an-attorney/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Individuals often come to us after trying to manage their case on their own or after experiencing a court disaster. Don’t let that happen to you because some mistakes can be very difficult and very expensive to fix. It is easy to fall into the trap of thinking that you can handle your legal issues all on your own. There are plenty of websites that offer do-it-yourself forms and they try to make legal matters seem simple. Unfortunately, family law can be complex and not knowing all of the Arizona Family Law Rules and Procedures can have detrimental consequences. Even if you want to handle your matter on your own, consult with an attorney first and be confident that you understand the process and the law. **Categories:** Why Choose Us FAQs --- ### [How much is a consultation?](https://www.bestlawaz.com/faqs/how-much-is-a-consultation/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** A one-hour consultation with an attorney is $100. During this consultation you will receive legal advice, learn about your options and we will help you create a game plan going forward. If you look at the big picture $100 for a consultation is the best money you can spend. **Categories:** Why Choose Us FAQs --- ### [Do you offer free consultations?](https://www.bestlawaz.com/faqs/do-you-offer-free-consultations/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Unfortunately we do not offer free consultations. Information discussed during a consultation is sensitive by nature. Any legal advice we provide must adhere to the Arizona Family Law Rules and Procedures. As such, to protect your privacy and our duty to you, we charge a fee for our time and expertise. **Categories:** Why Choose Us FAQs --- ### [What areas of law do you practice?](https://www.bestlawaz.com/faqs/what-areas-of-law-do-you-practice/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** We only practice family law. Within the family law realm we offer services for divorce, legal separation, child custody, child support, spousal maintenance, relocation, father’s rights, third-party rights, domestic violence and modifications. **Categories:** Why Choose Us FAQs --- ### [Where can I get more information about the Maricopa County Superior Court?](https://www.bestlawaz.com/faqs/where-can-i-get-more-information-about-the-maricopa-county-superior-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The court has useful information online at: **Categories:** Family Law FAQs --- ### [Where do I go to court?](https://www.bestlawaz.com/faqs/where-do-i-go-to-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** The Maricopa County Superior Courthouses are listed above with their address and contact information. **Categories:** Family Law FAQs --- ### [Can I represent myself in court?](https://www.bestlawaz.com/faqs/can-i-represent-myself-in-court/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** Yes, as it is not a requirement that you have an attorney to represent you in court proceedings. However, the same rules and procedures apply whether you have an attorney or not, which means all papers must be correctly completed and filed on time. **Categories:** Family Law FAQs --- ### [Do I need an attorney for my family law case?](https://www.bestlawaz.com/faqs/do-i-need-an-attorney-for-my-family-law-case/) **Published:** November 28, 2023 **Author:** Cindy Best **Content:** No. Arizona law allows you to do this yourself. You are considered pro se or pro per; you must follow all the same rules as parties with attorneys. You may have to go into a courtroom, but you are held to the standard of an attorney. But, even if you do this yourself, it is always a good idea to have an attorney review your work and give you some legal advice. **Categories:** Family Law FAQs --- ## Family Law Checklists ### [Arizona Child Support Modification Checklist](https://www.bestlawaz.com/resources/arizona-child-support-modification-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Need to change child support in Arizona? Use this checklist to organize income changes, parenting time changes, childcare costs, insurance, and court records. **Content:** Child support orders are based on circumstances at the time the order is entered. But life changes. Parents lose jobs, earn more income, change schedules, add or lose health insurance, pay different childcare costs, or take on new parenting time arrangements. This checklist helps Arizona parents prepare to request or respond to a child support modification. It focuses on the documents and facts needed to show whether the existing order should change. ## Arizona Law Notes Under Arizona law, a child support order may be modified or terminated on a showing of changed circumstances that are substantial and continuing. Accrued arrears generally are not erased simply because a parent later asks to modify support. Timing matters because modifications generally cannot go back earlier than the date allowed by law. ## 1. Identify the Change - Job loss. - New job. - Raise, bonus, or income increase. - Reduced hours or pay cut. - Disability or medical issue. - Change in parenting time. - Change in childcare costs. - Change in health insurance availability or cost. - Child emancipation or no longer eligible for support. - New support obligation for another child. ## 2. Gather Current Order Documents - Current child support order. - Current income withholding order. - Prior child support worksheet. - Payment history. - Parenting plan or custody order. - Prior modification orders. - Any DCSS records or notices. ## 3. Gather Income Evidence - Recent pay stubs. - Termination or layoff letter. - New offer letter. - Unemployment benefit records. - Disability benefit records. - Self-employment income records. - Tax returns. - Job-search records if unemployed or underemployed. ## 4. Gather Child Expense Evidence - Updated childcare invoices. - Health insurance premium records. - Dental and vision costs. - Uncovered medical expenses. - Therapy or special needs expenses. - School or activity costs if relevant. ## 5. Gather Parenting Time Evidence - Current parenting plan. - Actual overnights calendar. - Records showing a changed schedule. - Messages confirming schedule changes. - School or daycare pickup records, if relevant. - Pending custody modification documents. ## 6. Evaluate Timing and Arrears - Determine when the substantial and continuing change began. - Identify whether arrears have accrued. - Keep paying the existing order unless and until it is changed, if possible. - Avoid relying on an informal agreement that has not been approved by the court. - Calendar filing and service dates. ## 7. Before Filing or Responding - Run or review a current Arizona child support calculation. - Confirm all numbers are accurate. - Prepare evidence for each claimed change. - Consider whether modification affects medical support or childcare. - Speak with an Arizona family law attorney if income, self-employment, arrears, or parenting time are disputed. ## When can child support be modified in Arizona? A modification may be available when there is a substantial and continuing change in circumstances, such as income, parenting time, insurance, or childcare changes great than 15%. There is also a short form modification that you might be eligible for. ## Can parents agree to change child support without court approval? Parents can reach agreements, but informal agreements may not protect either parent unless properly approved and entered by the court. All payments should go through the Clearinghouse to protect the record for both parents. ## Does losing a job automatically change child support? No. The existing order remains in effect until modified. You should act promptly if your circumstances change. The change will be retroactive to the date of filing the modification. ## Can child support arrears be erased through modification? No, it is not erased. Past-due support is treated seriously. A modification does not eliminate arrears that accrued before proper notice or filing. If your income, parenting schedule, or child-related expenses have changed, do not wait. Our Arizona child support attorneys can help you evaluate modification options and protect your financial future. **Checklist Topics:** Child Support --- ### [Arizona Child Support Enforcement Checklist](https://www.bestlawaz.com/resources/arizona-child-support-enforcement-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Use this Arizona child support enforcement checklist to document missed payments, arrears, court orders, payment history, and enforcement options. **Content:** When child support is not paid, the consequences can affect rent, groceries, childcare, transportation, medical care, and the child's daily stability. Arizona offers several tools to enforce child support orders, but enforcement is strongest when records are organized and the payment history is clear. This checklist helps parents document unpaid support, gather court records, and prepare for enforcement through court, DCSS, or attorney action. ## Arizona Law Notes Arizona's Division of Child Support Services provides services that include obtaining support orders, collecting child, medical, and spousal support from parents with court orders, and helping unwed parents establish paternity. Arizona law also provides that each vested child support installment is enforceable as a final judgment by operation of law. The State of Arizona will guide you through this and you do not need to spend money on an attorney if your case is fairly straightforward. ## 1. Gather Court Orders - Current child support order. - Any modified support orders. - Income withholding order. - Medical support order. - Parenting plan or custody order. - Spousal maintenance order, if being enforced too. - Prior enforcement or contempt orders. ## 2. Document Payment History - Official payment history from the clearinghouse, court, or DCSS. - Bank statements showing payments received. - Cash payment receipts, if any. - Money order or cashier's check records. - Direct payment records. - Missed payment calendar. - Running total of unpaid support. ## 3. Identify the Problem - No payments. - Partial payments. - Late payments. - Payments made outside the official system. - Employer not withholding. - Parent changed jobs. - Parent is self-employed. - Parent is hiding income or working for cash. - Parent refuses to reimburse medical or childcare expenses. ## 4. Gather Information About the Paying Parent - Current employer. - Last known employer. - Address and contact information. - Known bank or business information. - Professional license information, if relevant. - Vehicle or property information. - Social media or public information showing employment or lifestyle, if legally obtained. ## 5. Gather Expense and Harm Evidence - Childcare bills. - Medical bills. - Rent, mortgage, or utility hardship records. - School or activity costs. - Records showing missed reimbursements. - Communications requesting payment. ## 6. Consider Enforcement Options - DCSS services. - Income withholding / wage assignment. - Request for judgment on arrears. - Contempt or enforcement filing. - Employer compliance issues. - Collection remedies. - Attorney fees and costs where available. ## 7. Avoid Common Mistakes - Do not deny court-ordered parenting time because support is unpaid. - Do not rely on verbal promises without documentation. - Do not accept cash without receipts. - Do not ignore incorrect arrears calculations. - Do not delay if nonpayment is ongoing. ## What can I do if the other parent is not paying child support in Arizona? You can pursue enforcement through DCSS, income withholding, court enforcement, contempt, or a request for judgment on arrears, depending on the facts. ## Can I stop parenting time if child support is unpaid? No. Do not do this. Child support and parenting time are separate obligations. Denying parenting time can create legal problems unless there are safety issues or a court order grants it. If you are unmarried, you do not have to legally voluntarily give Father parenting time if he has not filed for establishment. If there are no reasons to deny parenting time, you should consider all the factors. ## What records should I keep? Keep official payment histories, bank records, receipts, messages, court orders, and a timeline of missed payments. Make the payor go through the Clearinghouse. Records will be kept there. ## Can unpaid child support be collected later? Yes, it is called arrears and they collect interest. You just have to find a way to get paid. Arizona treats support obligations seriously, and installments may be enforceable as judgments. Specific enforcement options depend on the case. Unpaid child support can create immediate hardship. Our Arizona family law team can help you document arrears, evaluate enforcement options, and pursue the support your child is owed. **Checklist Topics:** Child Support --- ### [Arizona Alimony Checklist: Spousal Maintenance in Arizona](https://www.bestlawaz.com/resources/arizona-alimony-spousal-maintenance-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Requesting or responding to spousal maintenance in Arizona? Use this checklist to organize income, expenses, marriage history, work capacity, and support evidence. **Content:** In Arizona, alimony is usually called spousal maintenance. It is not automatic in every divorce. The court first considers whether a spouse qualifies for maintenance under Arizona law, then evaluates amount and duration under Arizona's spousal maintenance framework and the facts of the case. This checklist helps spouses prepare to request, oppose, negotiate, or modify spousal maintenance in an Arizona divorce or legal separation. ## Arizona Law Notes Arizona law allows spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to meet reasonable needs, lacks adequate earning ability to be self-sufficient, should not be required to work outside the home because of a child's age or condition, made significant contributions to the other spouse's education or earning ability, reduced career opportunities for the marriage, or has a long-duration marriage and age-related barriers to self-sufficiency. Arizona's current spousal maintenance guidelines include 2026 guidelines effective January, 2026. ## 1. Identify the Maintenance Issue - Are you requesting spousal maintenance? - Are you responding to a request? - Is temporary maintenance needed while the divorce is pending? - Is long-term maintenance being discussed? - Is modification or termination at issue? - Is there a premarital, postnuptial, or separation agreement? ## 2. Gather Income and Employment Records - Pay stubs. - Tax returns. - W-2s, 1099s, K-1s. - Bonus, commission, overtime, and stock compensation records. - Self-employment records. - Resume and work history. - Job applications and job-search records. - Disability or medical work-limitation records. ## 3. Document Reasonable Needs - Housing costs. - Utilities. - Food and household supplies. - Transportation. - Insurance. - Medical and prescription costs. - Debt payments. - Child-related expenses not covered elsewhere. - Education or job-training costs. - Post-divorce budget. ## 4. Document Marriage History - Length of marriage. - Standard of living during marriage. - Each spouse's career path. - Caregiving responsibilities. - Moves made for the other spouse's career. - Contributions to education, training, business, or professional advancement. - Periods out of the workforce. - Health issues affecting work. ## 5. Analyze Ability to Pay - Paying spouse's gross income. - Paying spouse's reasonable expenses. - Child support obligations. - Debt obligations. - Health insurance costs. - Retirement and tax considerations. - Income fluctuations or self-employment issues. ## 6. Prepare for Negotiation or Court - Run a current Arizona spousal maintenance guideline calculation if appropriate. - Prepare a proposed amount and duration. - Consider whether maintenance should be modifiable. - Consider tax treatment and payment method. - Decide whether maintenance will be paid directly, through wage assignment, or another method. - Review settlement language carefully before signing. ## 7. Avoid Common Mistakes - Do not assume spousal maintenance is automatic. - Do not waive maintenance without understanding the consequences. - Do not rely on an outdated calculator or guideline. - Do not ignore health insurance and retraining costs. - Do not agree to nonmodifiable terms without legal advice. ## Is spousal maintenance automatic in Arizona? No. Arizona courts first consider whether a spouse qualifies under Arizona law, then evaluate amount and duration. ## What is spousal maintenance based on? Factors may include financial need, earning ability, marriage length, standard of living, contributions to the other spouse, work history, health, and ability to become self-sufficient. ## Are there Arizona spousal maintenance guidelines? Yes. Arizona has spousal maintenance guidelines and a calculator framework. The court may still consider the facts and applicable law. ## Can spousal maintenance be changed later? Sometimes, but it depends on the order and whether the terms were made nonmodifiable. Get legal advice before agreeing to nonmodifiable maintenance. Spousal maintenance can affect your financial future long after divorce. Our Arizona family law team can help you evaluate eligibility, amount, duration, and settlement strategy. **Checklist Topics:** Spousal Maintenance --- ### [Arizona Prenuptial Agreement Checklist](https://www.bestlawaz.com/resources/arizona-prenuptial-agreement-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Planning a prenup in Arizona? Use this checklist to organize assets, debts, disclosures, business interests, inheritance, spousal support, and attorney review. **Content:** A prenuptial agreement is not only for wealthy couples. In Arizona, a prenup can help engaged partners clarify property rights, debt responsibility, business ownership, inheritance expectations, and what may happen if the marriage ends. A good prenup can reduce uncertainty and encourage honest financial conversations before marriage. A post nuptial agreement is very similar and follows the same rules, except obviously it is drafted after the wedding. This checklist helps Arizona couples prepare for a prenuptial agreement discussion and identify the financial disclosures and topics that should be addressed before signing. ## Arizona Law Notes A marital pre-nuptial agreement determines who gets what if they divorce and it does not follow Arizona community property law. If drafted properly, it protects both parties from financial uncertainty and gives each person peace of mind. Arizona law defines a premarital agreement as an agreement between prospective spouses made in contemplation of marriage and effective upon marriage. A premarital agreement must be in writing and signed by both parties. Arizona law also provides that parties may contract about property rights, management and disposition of property, spousal support, wills or trusts to carry out the agreement, life insurance death benefits, choice of law, and other matters not prohibited by public policy or criminal law. Children's decisions cannot be part of a prenuptial agreement. Both parties should have reasonable time between the signing and the wedding and each should know they can seek the advice of counsel. ## 1. Timing and Process - Start the conversation well before the wedding. - Avoid presenting a prenup at the last minute. - Each person has time to review and ask questions. - Each person has the opportunity to seek independent legal counsel. - No threats, pressure, or coercion. - Final agreement is in writing and signed by both parties. ## 2. Financial Disclosure - Real estate. - Bank accounts. - Investment accounts. - Retirement accounts. - Business interests. - Vehicles and valuable personal property. - Debts, loans, and credit cards. - Tax obligations. - Income sources. - Expected inheritance, trusts, or family gifts. ## 3. Property Rights - What property will remain separate? - What property will become community property? - How will income during marriage be treated? - How will increases in value be treated? - How will real estate purchased after marriage be handled? - How will household expenses be paid? - How will gifts between spouses be handled? ## 4. Debt Protection - Premarital debts. - Student loans. - Business debts. - Credit card debt. - Tax debt. - Medical debt. - Responsibility for debts incurred during marriage. - Whether both spouses must consent before certain debts are created. ## 5. Business and Professional Interests - Existing business ownership. - Future business formation. - Business appreciation during marriage. - Business income and distributions. - Spouse's role in the business. - Buyout or valuation method if divorce occurs. - Confidentiality concerns. ## 6. Spousal Support - Whether spousal support is going to be paid or waived. - Circumstances where support may still be available - Whether support terms could create public assistance concerns. - Whether both parties understand the long-term consequences. - Length of marriage before spousal maintenance is due and payable Does it matter who initiates the divorce and for what reason? - Attorney review before signing. ## 7. Estate Planning Coordination - Wills. - Trusts. - Beneficiary designations. - Life insurance. - Retirement beneficiaries. - Inheritance expectations. - Children from prior relationships. ## 8. Before Signing - Full financial disclosures exchanged or a waiver. - Agreement reviewed line by line. - No blank spaces or unclear terms. - Both parties understand what rights are being changed from Arizona law. - Signed final version stored safely. Make at least 2 originals. - Estate planning and account titles updated if needed. ## Are prenuptial agreements enforceable in Arizona? Yes, if they meet Arizona legal requirements. Issues such as voluntariness, disclosure, unconscionability, short time frame between signing and wedding, no attorney review and prohibited terms can affect enforceability. ## Can a prenup decide child support? No. A child's right to support may not addressed in a premarital agreement. Neither can parenting time or legal decision making. ## Do both people need lawyers? Yes, if one side has an attorney, the other partner should also have legal advice. It is not a requirement but it is a factor that might break a pre-nup agreement. Arizona law does not require separate lawyers, but independent legal advice can help reduce misunderstandings and enforceability challenges. ## When should we start the prenup process? As early as possible before the wedding. Last-minute pressure can create problems and unnecessary stress. It is also a factor to challenge the pre-nup. A prenup should protect both people and be built on clear disclosure. Our Arizona family law team can draft, review, or negotiate a prenuptial agreement that fits your goals. **Checklist Topics:** Agreements --- ### [Arizona Postnuptial Agreement Checklist](https://www.bestlawaz.com/resources/arizona-postnuptial-agreement-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Considering a postnuptial agreement in Arizona? Use this checklist to organize financial disclosures, property rights, debts, business interests, and attorney review. **Content:** A postnuptial agreement is an agreement spouses consider after marriage. It may be used to clarify property rights, address debt, protect a business, define expectations after financial changes, or resolve concerns while the marriage continues. In other situations, spouses may use a written separation agreement as part of a legal separation, annulment, or divorce settlement. They can deviate from community property law and decide how their property will be handled while they are married. Some spouses may call it a separation agreement even if they continue to live together. It splits up their financial lives. Postnuptial agreements can be more sensitive than prenups because spouses already owe duties to each other and may be dealing with financial pressure, marital conflict, or unequal access to information. This checklist helps Arizona spouses prepare for an informed conversation and attorney review. ## Arizona Law Notes Arizona is a community property state, and property acquired during marriage is presumed community property unless an exception applies. Spouses have equal management, control, and disposition rights over community property, with both spouses required to join in certain transactions such as real estate transfers. Arizona also recognizes written separation agreements in dissolution, annulment, and legal separation cases, subject to court review for fairness, whether it was voluntary and reasonable. ## 1. Clarify the Purpose - Protecting a business. - Clarifying separate property. - Addressing debt. - Estate planning after marriage. - Rebuilding trust after financial conflict. - Planning for possible separation. - Resolving financial responsibilities during marriage. - Ongoing income designation. ## 2. Gather Financial Disclosures - Real estate. - Bank accounts. - Investment accounts. - Retirement accounts. - Business ownership. - Vehicles and valuables. - Credit cards and loans. - Tax debt. - Income sources. - Gifts, inheritances, and trusts. ## 3. Review Property Characterization - Property owned before marriage. - Property acquired during marriage. - Gifts or inheritances. - Property purchased with mixed funds. - Business growth during marriage. - Real estate titled in one spouse's name. - Retirement contributions during marriage. - Records needed to trace separate property. ## 4. Address Debts and Financial Responsibilities - Existing community debts. - Separate debts. - Future borrowing rules. - Credit card use. - Business debt and guarantees. - Tax filing responsibilities. - Household expense contributions. - What happens if one spouse fails to pay assigned debt. ## 5. Address Support and Future Separation Issues - Whether spousal maintenance is addressed. - Whether terms are intended for separation or divorce. - Whether terms are fair based on current circumstances. - Whether all issues have been addressed. - Whether terms should be modifiable. - Tax and estate planning consequences. ## 6. Protect the Process - Both spouses have full access to financial information. - Both spouses have time to review. - Neither spouse is threatened or pressured. - Each spouse has the opportunity for independent counsel. - The agreement is in writing. - The final version is signed and safely stored. Two original copies should be made. - Related titles, beneficiary designations, and estate documents are reviewed. ## 7. Red Flags Requiring Attorney Review - One spouse controls all financial information. - One spouse is being asked to waive rights such as spousal maintenance or disclosure. - The agreement was proposed during crisis or threat of divorce. - Business, real estate, retirement, or inheritance issues are involved. - Domestic violence, coercion, or financial control exists. ## Are postnuptial agreements allowed in Arizona? Yes, spouses can opt out of Arizona community property laws after marriage by agreement. There is no specific statute so it follows the logic and reasoning of the Uniform Pre-Nuptial Agreement statutes. ## Is a postnup the same as a prenup? No. A prenup is made before marriage and becomes effective on marriage. A postnup is considered after marriage, when different legal and practical concerns apply. ## Can a postnup protect a business? Yes, it can help protect a spouse's business interest and clarify business ownership and financial expectations, but valuation, income, community property, and fairness issues should be reviewed carefully. ## Can we use a postnup to decide child custody or child support? No. Parents can negotiate child parenting plans and support but it would not be part of the pre or post-nup agreement. Child issues remains always modifiable once the criteria for modifications is met. Postnuptial agreements require careful drafting and full financial transparency. Our Arizona family law team can help you understand your options before you sign. **Checklist Topics:** Agreements --- ### [Arizona Restraining Order Checklist: Order of Protection or Injunction](https://www.bestlawaz.com/resources/arizona-restraining-order-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Need protection in Arizona? Use this checklist to prepare for an Order of Protection, Injunction Against Harassment, evidence, safety planning, and court. **Content:** People often use the phrase "restraining order," but Arizona courts commonly refer to Orders of Protection, Injunctions Against Harassment, and Injunctions Against Workplace Harassment. The right option depends on the relationship between the parties, the conduct involved, and the protection requested. In family law, an order of protection is used for protection from a spouse, former spouse, boyfriend/girlfriend or former boy or girlfriend. If you are in immediate danger, call 911. This checklist can help you organize information before using AZPOINT, contacting a victim advocate, filing a petition, or preparing for a hearing. ## Arizona Law Notes AZPOINT is Arizona's Protective Order Initiation and Notification Tool. It provides a guided interview to help users fill out forms for an Order of Protection, Injunction Against Harassment, or Injunction Against Workplace Harassment, and there is no fee to use AZPOINT. Arizona law also states that no fee is charged for filing an Order of Protection petition or for service of process. ## 1. Immediate Safety - Call 911 if you are in danger. - Get medical help if injured. - Move to a safe location if possible. - Contact a victim advocate if safe to do so. - Use a safe device or trusted computer if your internet activity may be monitored. - Consider changing passwords and enabling two-factor authentication. - Do not warn the other person before filing, doing so could increase danger. - Understand that your greatest danger is after the person knows you are leaving. Have a plan of what to do and where to go. Install locks and alarms and cameras. Have your car and phone swept for tracking devices. Do you have house cameras that can be accessed by the offender? ## 2. Identify the Type of Protection Needed - Order of Protection for domestic violence-related protection involving a qualifying relationship. - Order of Protection for child abuse - Family court orders if divorce, paternity, legal separation, or custody issues are pending. - Emergency law enforcement help if immediate danger exists. - Understand your rights to an OOP. It does not always involve physical altercation. It could involve verbal threats, throwing or breaking things in your presence, not letting you leave a room. ## 3. Gather Required Information - Your legal name. - Defendant's legal name. - Defendant's address, workplace, phone number, and identifying information, if known. - Relationship between you and the defendant. - Names of children or other protected persons. - Names and addresses of your work, gym or any other place you attend regularly - Pending family law case information. - Prior protective orders or court cases. ## 4. Prepare Incident Details - Date of each incident. - Location of each incident. - What happened. - Whether threats, violence, stalking, harassment, or weapons were involved. Exact quotes are helpful. - Whether children witnessed or could hear the violence. - Whether police were called. - Whether medical treatment was needed. - Whether there are witnesses. ## 5. Gather Evidence - Text messages. - Emails. - Voicemails. - Social media messages. - Photos of injuries or property damage. - Police reports. - Medical records. - Witness statements. - GPS, call logs, or surveillance evidence, if legally obtained. ## 6. Decide What Relief to Request - No contact. - Stay away from home. - Stay away from work. - Stay away from school or daycare. - Exclusive use of the residence. This allows you to stay at home and the other party cannot return for any belongings without a police escort or other arrangement. - Protection for children or other designated people. - Firearm restrictions if legally supported. - Protection for pets. - Other relief necessary for safety. ## 7. Prepare for Service and Hearing - Provide service information for the defendant. - Keep a copy of the order with you at all time. Once it is served, give it to the school if the children are on the order. - Understand that the order becomes effective after the person is serviced. - Prepare for the possibility that the defendant requests a hearing in 3-5 days. - Bring evidence and witnesses to any hearing. Consider retaining counsel. - Do not contact the defendant if the order prohibits contact. You will dilute it's enforceability. ## What is the difference between an Order of Protection and an Injunction Against Harassment? An Order of Protection generally involves domestic violence and a qualifying relationship. An Injunction Against Harassment may apply when harassment is alleged but the relationship does not qualify for an Order of Protection. The OOP is for people you have relationships with. The IAH is often for co-workers. ## Is there a fee to file for an Arizona Order of Protection? Arizona law provides that no fee is charged for filing an Order of Protection petition or for service of process. ## How long does an Arizona Order of Protection last? Under Arizona law, an Order of Protection expires two years after service on the defendant. ## What if a divorce or paternity case is already pending? If a family law case is pending between the parties, superior court may have exclusive jurisdiction over the Order of Protection. The OOP remains valid even if divorce is filed. Protective orders can affect safety, parenting time, housing. Our Arizona family law team can help you understand your options, help with your safety options and prepare for court. **Checklist Topics:** Safety and Protection --- ### [Arizona Domestic Violence Safety Plan Checklist](https://www.bestlawaz.com/resources/arizona-domestic-violence-safety-plan-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Create a safer plan with this Arizona domestic violence checklist covering emergency contacts, documents, children, pets, digital safety, and protective orders. **Content:** Leaving or preparing for a domestic violence situation can be dangerous and emotionally overwhelming. A safety plan is a practical, private plan for what to do before, during, and after a crisis. It can include emergency contacts, documents, transportation, money, children, pets, digital safety, and legal protection. If you are in immediate danger, call 911. If it is safe to do so, consider speaking with a victim advocate before filing for a protective order or making major changes. An advocate can help you safety plan and understand available resources. ## Arizona Law Notes Arizona court resources encourage people seeking an Order of Protection to speak with a victim advocate before filing because an advocate can help with safety planning and explain how an order works and how it is served. AZPOINT also includes quick-exit and safety resources. ## 1. Emergency Safety - Call 911 if danger is immediate. - Identify the safest room or exit in your home. - Avoid rooms with weapons or limited exits during conflict. - Keep phone charged and accessible. - Memorize important phone numbers. - Create a code word with trusted people. - Identify a safe place to go. ## 2. Emergency Contacts - Trusted friend or family member. - Local shelter or domestic violence program. - Victim advocate. - Attorney. - School or daycare contact. - Neighbor. - Law enforcement non-emergency number. - National Domestic Violence Hotline. ## 3. Important Documents - Driver's license or ID. - Birth certificates. - Social Security cards. - Passports. - Immigration documents. - Health insurance cards. - Protective orders or court orders. - Lease, mortgage, or title documents. - Bank cards and financial records. - Medications and prescriptions. ## 4. Children - Teach children how to call 911 if age appropriate. - Create a safe-word plan. - Notify school or daycare of pickup restrictions. - Keep copies of custody or protective orders with school/daycare. - Pack essential child medications, comfort items, and school items. - Avoid asking children to confront or monitor the abusive person. - Consider counseling or support resources for children. ## 5. Pets - Identify a safe place for pets. - Gather vaccination and ownership records. - Pack food, medication, leash, carrier, and supplies. - Ask about pet protection in a protective order if needed. - Do not delay leaving immediate danger solely because of pet logistics. ## 6. Money and Transportation - Keep emergency cash if safe. - Keep a spare key. - Know bus, rideshare, or trusted-driver options. - Keep gas in the car if possible. - Open a safe email address if needed. - Consider a safe bank account if legally and practically appropriate. - Keep financial records in a secure location. ## 7. Digital Safety - Use a safe device for searching resources. - Change passwords from a safe device. - Enable two-factor authentication. - Review location sharing. - Check shared cloud accounts. - Turn off shared calendars or photo sharing if safe. - Review vehicle, phone, home cameras and app tracking concerns. - Save evidence securely. ## 8. Protective Order Preparation - Use AZPOINT from a safe device if possible. - List incidents with dates and details. - Gather evidence. - Identify protected people and places. - Request pet protection if needed. - Plan for service of the order. - Prepare for a possible hearing. - Keep copies with you and trusted locations. ## What should be in a domestic violence safety plan? A safety plan should include emergency contacts, safe places, documents, money, transportation, children, pets, digital safety, and legal protection options. ## Should I file an Order of Protection before leaving? It depends on safety. In some cases, filing first helps. In other cases, service of the order can increase risk. A victim advocate or attorney can help you plan. ## Can an Arizona protective order include pets? Arizona law allows courts to grant exclusive care, custody, or control of certain animals and order the defendant to stay away from them in appropriate Order of Protection cases. ## What if my phone or internet is monitored? Use a safer device, such as one at a trusted friend's home, workplace, library, or advocate's office. Clearing browsing history may not be enough. Safety comes first. If you need legal protection connected to divorce, custody, or an Order of Protection, our Arizona family law team can help you take informed steps. **Checklist Topics:** Safety and Protection --- ### [Arizona Paternity Checklist: Establishing Legal Fatherhood](https://www.bestlawaz.com/resources/arizona-paternity-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Use this Arizona paternity checklist to understand genetic testing, acknowledgment, birth certificates, child support, legal decision-making, and parenting time. **Content:** Paternity affects more than a name on a birth certificate. Establishing legal fatherhood can affect child support, medical support, parenting time, legal decision-making, inheritance rights, access to records, and a child's sense of identity. For unmarried parents in Arizona, paternity is often the first legal step before parenting orders or support can be fully addressed. You can file a Petition for Establishment of Paternity, Legal Decision Making, Parenting Time, and child support. This checklist helps mothers, fathers, and alleged fathers organize information for an Arizona paternity case, voluntary acknowledgment, genetic testing, child support, or parenting time request. ## Arizona Law Notes Arizona law allows paternity or maternity proceedings to be started by the mother, father, guardian/conservator/best friend of a child born out of wedlock, certain public officials or agencies, or the state. Arizona law also creates presumptions of paternity in several circumstances, including marriage near the time of birth, genetic testing showing at least 95% probability, both parents signing the birth certificate for a child born out of wedlock, or both parents signing a notarized or witnessed acknowledgment. ## 1. Identify Your Goal - Establish paternity voluntarily. - Register on the state's Putative Father's List if the baby is unborn. - Request genetic testing. - Establish child support. - Request legal decision-making. - Request parenting time. - Respond to a paternity petition. - Dispute paternity. - Address birth certificate issues. ## 2. Gather Parent and Child Information - Child's full name and date of birth. - Child's birth certificate. - Mother's full legal name and contact information. - Alleged father's full legal name and contact information. - Current address for each parent. - Child's current residence and time in Arizona. - Any prior acknowledgment or paternity paperwork. ## 3. Gather Relationship and Timing Information - Whether the mother was married near conception or birth. - Whether another person is presumed to be the father. - Whether the alleged father signed the birth certificate. - Whether either parent signed an acknowledgment of paternity. - Whether genetic testing has been completed. - Whether there are adoption, dependency, or termination proceedings. ## 4. Prepare for Genetic Testing Issues - Determine whether testing must be court-ordered. - Keep records of any prior DNA testing. - Understand whether prior testing was legally admissible. - Prepare to follow chain-of-custody testing requirements if needed. - Avoid relying only on informal home-test results for court purposes. ## 5. Prepare Child Support Information - Each parent's income records. - Childcare costs. - Health insurance costs. - Medical expenses. - Parenting time schedule or proposed schedule. - Pregnancy, childbirth, and genetic testing costs if relevant. - Records of support already provided. ## 6. Prepare Parenting Issues - Current caregiving arrangement. - Proposed parenting time schedule. - Legal decision-making proposal. - School/daycare information. - Medical provider information. - Safety concerns, if any. - Parent education requirements if custody, parenting time, or support will be determined. ## 7. Avoid Common Mistakes - Do not assume signing a birth certificate gives you legal rights to your child. It doesn't. - Do not rely on verbal agreements about child support or parenting time. - Do not ignore a paternity petition. - Do not delay if child support or parenting time needs to be established. - Do not use informal DNA testing. ## How is paternity established in Arizona? Paternity may be established through legal presumptions, acknowledgment, genetic testing, or court proceedings, depending on the facts. ## Does establishing paternity automatically create parenting time? No. Parenting time and legal decision-making will be determined by the child's best interest. This is the same as a family going through a divorce. ## Can paternity affect child support? Yes. Once parentage is established, the court will address current support, medical support, and past support and related costs. ## What if another man is presumed to be the father? Arizona law presumes a husband is the father of any children born during the marriage. It is rebuttable by DNA testing. ## Do I have legal rights to my child if I am an unmarried father? No, not until you have established it in court through a petition filing or a well drafted, signed and notarized agreement with the Mother. It is advisable to file this with the court so it is enforceable if need be. Paternity cases can affect a child's financial support and a parent's rights. Our Arizona family law team can help you establish, respond to, or dispute paternity and related parenting issues. **Checklist Topics:** Parentage and Adoption --- ### [Arizona Divorce Checklist: What to Do Before You File](https://www.bestlawaz.com/resources/arizona-divorce-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Preparing for divorce in Arizona? Use this checklist to organize documents, finances, parenting issues, property, debts, and questions before you file. **Content:** Divorce is not just one legal filing. It includes a packet of documents that can affect your home, finances, parenting schedule, parenting time, retirement, debts, taxes, insurance, spousal maintenance and long-term stability. In Arizona, a divorce is called a dissolution of marriage, and the court requires the final papers to include decisions, agreements, court orders that include legal decision-making, parenting time, child support, spousal maintenance, community property division, and community debt division. This Arizona divorce checklist is designed to help you get organized before you file or respond to a divorce petition. You do not need to have every answer or document on day one, but the more prepared you are, the easier it is to understand your options, avoid rushed decisions, and have a productive conversation with an attorney. Many people just need a good place to start as they learn about this process. ## Arizona Law Notes In Arizona, at least one spouse must have been domiciled in Arizona for 90 days before filing for dissolution of marriage. If minor children are involved, Arizona courts requires the minor children to have lived in Arizona for 6 months before filing for divorce. Arizona is also a community property state, which means property and debts acquired during marriage are presumed community to be divided equally. Arizona also recognizes important distinctions about spousal maintenance and domestic violence. Not every item on these checklists will be applicable to your family but it is hopeful the lists are comprehensive enough to give you a broad picture of the process. ## 1. Confirm Basic Filing Readiness - Confirm that you or your spouse meets Arizona's 90-day residency. - Identify the Arizona county where you or your spouse resides. - If minor children are involved, have they lived in Arizona the prior 6 months. - Decide whether you need temporary orders for parenting time, child support, spousal maintenance, exclusive use of the home, or debit and household expenses paid. - Consider whether there are domestic violence, substance abuse, criminality of spouse or other child health and safety concerns. ## 2. Gather Personal and Family Information - Full legal names, dates of birth, and contact information for both spouses. - Date and place of marriage. - Date of separation, if applicable. - Names, dates of birth, and current living arrangements for all minor children. - Prior court orders involving the children. - Immigration, military, tribal, or interstate issues that may affect the case. ## 3. Organize Financial Documents - Last 2 years of tax returns. - Recent pay stubs for both spouses. - Bank, credit union, and investment account statements. - Retirement account statements, including 401(k), IRA, pension, and deferred compensation accounts. - Mortgage statements, deeds, lease agreements and vehicle titles. - Credit card statements, personal loans, auto loans, medical bills, school loans and other debts. - Business records if either spouse owns a company, is self-employed, or receives cash income. - Prenuptial agreement terms, if applicable. ## 4. Identify Property and Debt Issues - List all community real estate, vehicles, bank accounts, retirement accounts, valuables, and business interests. - List what you believe is sole and separate property and identity facts that determine if it is a a gift, inheritance, or property owned before marriage. - List all known debts and who has been paying them. - Gather records showing the source of down payments, large purchases, transfers, or inheritances. - Flag any concerns about hidden assets, unusual withdrawals, new credit cards, or changes in spending. ## 5. Prepare for Parenting Issues - Write down the children's current weekly schedule. - List school, daycare, medical, counseling, extracurricular, and transportation details. - Identify major decisions that need to be made, including education and medical care. - Think through a realistic parenting time schedule and how to exchange children. - Gather communications showing cooperation, conflict, missed parenting time, safety concerns, or decision-making problems. - Prepare for Arizona's parent education requirements if children are involved. - Prepare details regarding incidents of child abuse and domestic violence. ## 6. Consider Support Issues - Calculate each spouse's gross monthly income from pay stubs or taxes filed. - List childcare costs, health insurance, recreational activities, and medical expenses for the children. - Identify whether either spouse may request spousal maintenance. - Gather evidence and list current household expenses, outline each spouses' earning history, caregiving responsibilities, disability, education, and job-training needs. - Review the Arizona Child Support Guidelines and current spousal maintenance calculator. ## 7. Protect Yourself Before Filing - Change passwords for personal email, banking, cloud storage, and private devices. - Create a secure location for important documents and other items of value such as jewelry and photos. - Avoid posting about the divorce or your spouse online. - Do not withdraw large unusual amounts from any accounts, hide assets, or make major financial moves without legal advice. - Keep communications with your spouse respectful and child-focused. - Make a list of your ongoing questions and concerns before your legal consultation. - Consult with an experienced family law attorney before moving with the children, withholding parenting time, or changing financial support. ## How long do I need to live in Arizona before filing for divorce? One spouse must have lived in Arizona before 90 days before filing for divorce. ## Is Arizona a no-fault divorce state? Yes, the court will grant a divorce when the marriage is irretrievably broken. ## Do I need every financial document before filing? No, but gathering documents early can help you understand property, debt, support, and settlement options. Missing financial information can slow down the case or create disputes. ## What if I need help immediately? If there are urgent issues involving children, finances, the home, or safety, speak with an experienced Arizona family law attorney at Best Law Firm about temporary or emergency options. Preparing for divorce in Arizona? Our Best Law Firm family law team can help you understand your rights, organize your next steps, and protect what matters most. Schedule a confidential consultation today. **Checklist Topics:** Divorce --- ### [Arizona Divorce Documents Checklist](https://www.bestlawaz.com/resources/arizona-divorce-documents-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Use this Arizona divorce documents checklist to collect financial records, property documents, parenting information, support records, and court papers. **Content:** One of the most useful things you can do before or during an Arizona divorce is gather the right documents. Divorce decisions depend on facts: income, expenses, property, debts, parenting schedules, business interests, and the needs of the children. Documents help your attorney understand those facts and help prevent decisions based only on memory or emotion. This checklist is designed for Arizona spouses who are preparing for divorce, responding to divorce papers, attending mediation, or getting ready for settlement discussions. You may not need every item listed, but this guide can help you build a complete picture of your marriage, finances, and parenting issues. ## Arizona Law Notes Arizona divorce courts address community property, community debt, spousal maintenance, child support, legal decision-making, and parenting time. Property acquired during marriage is generally community property unless an exception applies. Child support is calculated under Arizona's Child Support Guidelines, and spousal maintenance is governed by the Arizona spousal maintenance calculations and other factors. ## 1. Identity, Marriage, and Court Documents - Marriage certificate or agreed upon facts of place and date of marriage. - Prenuptial or postnuptial agreement. - Any existing court orders involving either spouse or the children. - Order of Protection, police reports, safety-related records, medical records. - Immigration, military, tribal, or interstate documents that may affect jurisdiction or benefits. ## 2. Income Records - Last 2 years of federal and state tax returns. - W-2s, 1099s, K-1s, and other income forms for 2 years. - Recent pay stubs for both spouses. - Bonus, commission, overtime, and stock compensation records. - Unemployment, disability, Social Security, VA, pension, or retirement income records. - Cash income, gig work, or self-employment records. - Business profit and loss statements, balance sheets, payroll records, and bank statements. ## 3. Bank, Investment, and Retirement Accounts - Checking and savings account statements. - Credit union statements. - Brokerage and investment account statements. - Cryptocurrency wallet or exchange records. - Retirement account statements, including 401(k), IRA, pension, 403(b), 457, deferred compensation, and military retirement. - Records of loans or withdrawals from retirement accounts. - Beneficiary designations. ## 4. Real Estate and Housing Records - Deeds and title documents. - Mortgage statements. - Home equity line of credit records. - Property tax statements. - Homeowners insurance declarations. - Lease agreements. - Appraisals, market analyses, or refinance documents. - Receipts for major repairs, renovations, or improvements. ## 5. Debts and Monthly Expenses - Credit card statements. - Auto loan statements. - Student loan records. - Personal loans. - Medical bills. - Tax debt records. - Business debt documents. - Monthly budget or household expense summary. - Utility, phone, internet, insurance, and subscription bills. ## 6. Parenting and Child-Related Records - Children's birth certificates. - School records, report cards, attendance records, and teacher communications. - Medical, dental, therapy, and counseling records. - Daycare invoices and childcare payment records. - Health insurance cards and premium records. - Extracurricular schedules and expenses. - Parenting calendars and exchange history. - Communications about parenting time, decision-making, safety, or missed visits. ## 7. Spousal Maintenance Records - Each spouse's employment history. - Education, training, certifications, and job-search records. - Medical records relevant to work limitations, if applicable. - Household budget showing reasonable monthly needs. - Records and factual outline showing career sacrifices, caregiving responsibilities, or contributions to the other spouse's education or career. - Health insurance cost estimates after divorce. ## 8. Evidence of Unusual Financial Activity - Large withdrawals or transfers. - New loans or credit cards. - Gifts or loans to friends or relatives. - Business write-offs that may hide personal expenses. - Undisclosed accounts or mail from unfamiliar financial institutions. - Changes in direct deposit or payroll deductions. - Unexplained cash withdrawals. - Receipts for trips or items you were unaware of being purchased. ## How far back should I gather financial documents? A practical starting point is 2 years, but some cases require more, especially when separate property, business valuation, hidden assets, or long-term income patterns are disputed. ## Do I need documents for all accounts? Yes, you need all joint accounts and all of the accounts that each spouse is alleging is sole and separate. ## Should I take originals or copies? Keep originals safe when possible and provide copies or digital scans to your attorney. Do not remove documents unlawfully or access accounts without authorization. ## What if my spouse controls all financial records? Gather what you can legally access, ask the spouse for passwords on joint accounts and make a list of what is missing so you can advise your attorney. Formal disclosure and discovery is required during the divorce process so don't worry if you cannot access all of this information right now. Not sure what documents matter in your Arizona divorce? We can help you identify the records you need, understand what they mean, and prepare a strategy for property, support, and parenting issues. **Checklist Topics:** Divorce --- ### [Arizona Divorce Mediation Checklist](https://www.bestlawaz.com/resources/arizona-divorce-mediation-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Prepare for divorce mediation in Arizona with this checklist for property, debt, parenting time, child support, spousal maintenance, and settlement decisions. **Content:** Divorce mediation can give spouses more control over the outcome of their Arizona divorce. Instead of asking a judge to decide every issue, mediation allows both sides to work toward agreements on property, debt, parenting time, legal decision-making, child support, spousal maintenance and any other issues that need to be decided. Mediation is the most productive after document disclosure and you arrive prepared. That means knowing what you want, what you need, what you can compromise on, what documents support your position, and where you need legal advice before saying yes. Mediation can happen before the divorce is filed, after it is filed, anytime during the process or the day of trial. This checklist helps you organize your goals and information as you get prepared for you Arizona divorce mediation session. ## Arizona Law Notes In Arizona, spouses may enter into written and signed separation or settlement agreements addressing any issues including temporary payments, property division, spousal maintenance, and all child-related issues. The court reviews all agreements, especially child support, legal decision-making, and parenting time before signing off on the decree, property settlement agreement or parenting plan. Terms involving children must be reasonable and consistent with the children's best interests. ## 1. Clarify Your Mediation Goals - Identify your top three priorities. - Identify what is most important to you. - Identify the issues where you have flexibility. - Decide what outcomes you cannot accept. - Write down questions and keep an ongoing list. - Consider that you probably need attorney's review before signing any legal document. ## 2. Prepare Property and Debt Information - Bring a list of all community assets. - Bring a list of separate property assets. - Gather account balances as accurate to the mediation date as possible. - Identify debts and who has been paying them. - Estimate the value of vehicles (bring KBB) real estate, businesses, valuables, and retirement accounts. - Identify property that needs appraisal, valuation, or tracing. - Decide whether either spouse will keep the home, sell it, refinance it, or buy out the other spouse. ## 3. Prepare Parenting Issues - Bring the children's school, daycare, medical, and activity schedules. - Draft a preferred weekly parenting time schedule. - Draft a holiday, school break, summer, and birthday proposals. - Draft outline of transportation, exchange locations, and exchange times. - Decide how major legal decisions should be made. - Plan how parents will communicate about the children. - Address relocation, travel, passports, extracurriculars, grandparents, phone communication, emergency medical care and any other particular issues related to your children. ## 4. Prepare Child Support Information - Bring current income information for both parents (payroll receipts). - Gather childcare costs. - Gather health, dental, and vision insurance premium information for the children. - Gather recurring medical, therapy, or educational expenses. - Confirm the parenting time schedule being used for support calculations. - Know whether either parent has other child support obligations. ## 5. Prepare Spousal Maintenance Issues - Identify whether spousal maintenance is being requested and whether a spouse is eligible. - Prepare a detailed list of living expenses post divorce using the court form Affidavit of Information as a starting guideline - Gather income, expenses, and employment records. - Decide if a vocational evaluation would be helpful. - Identify education, training, job-search, or health issues affecting self-sufficiency. - Discuss amount, duration, tax assumptions, and modifiability with an attorney before final agreement. ## 6. Prepare for Productive Negotiation - Bring your lists, questions, and concerns. - Know what is most important to you and what you can negotiate. - Consider the mediation taking place in two separate office spaces with the mediator going back and forth. Almost all experienced family law attorneys handle mediations in this manner. - Most successful mediations take place when spouses are in different rooms. - If you have an attorney, understand your mediation memo that she prepared for you. - Take food breaks and stay hydrated. - Do Not sign same day if you are unsure. - Consider attorney's advice (if you did not retain an attorney for attend the mediation with you). - Do not sign an agreement you do not understand. - These signed agreements are binding by the court. Buyers' remorse is real. Do not feel pressured to sign if you don't want to make agreements that day. A second session can be scheduled or you can decide after a night's sleep. ## 7. Review Any Proposed Agreement Carefully - Does the agreement divide every asset and debt? - Does it address refinancing, sale deadlines, and title transfers? - Does it include a complete parenting schedule? - Does it address legal decision-making clearly? - Does it calculate child support using accurate numbers? - Does it address health insurance, uncovered medical expenses, and childcare? - Does it state whether spousal maintenance can be modified? - Are deadlines specific and enforceable? - The devil is in the details. Do not assume everything will work itself out. Spell out the details in the agreements: when are payments due, who gets the children at what time on Christmas, what happens when a parent refuses to take son to baseball in a year? ## Do I still need an attorney if I use mediation? Mediation is just a method of resolving all the issues in a divorce. Attorneys help with that process, outline the legal issues, give you legal advice, sew up the many details, identify issues you cannot foresee, answer your questions, advocate for you, and write the appropriate binding legal documents. Attorneys can help you schedule and hire the right mediator for your case. Not all mediators are the right choice for every divorce. Your ## Can mediation resolve child custody issues in Arizona? Yes, parents can mediate legal decision-making and parenting time. The Parenting Plan has certain legal requirements in order for the court to sign off on it. An experienced family law attorney can help you with details to secure what is written and help prevent future litigation. Many parents come back to court after the divorce on child issues. ## Should I bring documents to mediation? Yes. Mediation is more effective when both sides have accurate financial and parenting information. Missing documents can lead to delay or unfair terms. ## What if mediation does not resolve everything? That is OK. Partial agreements can still be useful. Unresolved issues may require additional negotiation, a second mediation, assistance from an attorney or a trial. Before you agree to divorce terms in mediation, make sure you understand your rights. Our Arizona family law team can help you prepare for mediation, review proposed agreements, and protect your long-term interests. We can also be retained by both spouses as a neutral third party mediator. **Checklist Topics:** Divorce --- ### [Arizona Divorce Lawyer Consultation Checklist](https://www.bestlawaz.com/resources/arizona-divorce-lawyer-consultation-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Meeting with an Arizona divorce lawyer? Use this checklist to prepare documents, questions, goals, and concerns for your consultation. **Content:** Your first meeting with a family law lawyer should give you clarity, peace and confidence. It should help you understand where you stand, what issues will be resolved and negotiated, what your risk reward of certain positions may be, what steps come next and what is your game plan. You need to know what is most important to you and have a list of questions prepared before your consultation. This checklist is for anyone preparing to meet with an Arizona divorce attorney. Use it to organize your documents, questions, concerns, and goals so the attorney can quickly understand your situation and give practical guidance. ## Arizona Law Notes Arizona divorce involves the dissolution of marriage, legal decision-making, parenting time, child support, spousal maintenance, community property, community debt, and temporary orders. If children are involved, Arizona courts use the best interests of the child standard as the legal standard for legal decision-making and parenting time. ## 1. Bring Basic Case Information - Your full legal name and contact information. - Your spouse's full legal name and contact information. - Date and place of marriage. - Date of separation, if any. - County where you live and county where your spouse lives. - Whether either spouse has already filed court papers. - Whether you have been served. - Whether there is an Order of Protection against either spouse - Upcoming court dates, deadlines, or service dates. ## 2. Bring Court Documents - Petition for dissolution, response, or other pleadings. - Temporary orders or hearing notices. - Prior family court orders. - Protective orders or police reports - Any settlement proposal, mediation summary, or draft agreement. - Proof of service documents. - Any signed documents Any pre or post nuptial agreement ## 3. Bring Financial Snapshot - Approximate monthly income for each spouse. - Recent pay stubs. - Last tax return. - List of bank accounts and approximate balances. - List of all debts and monthly payments such as school loans, credit cards - Mortgage, rent, utilities, childcare, insurance, and major expenses itemized - Retirement account balances for both spouses - Business ownership or self-employment details. ## 4. Bring Parenting Information - Children's names and ages. - Current parenting schedule. - School and daycare information. - Medical or counseling needs. - History of each parent's caregiving responsibilities. - Concerns about safety, substance use, mental health, domestic violence, or child abuse - Your preferred parenting schedule and legal decision making ## 5. Identify Your Biggest Concerns - Keeping or selling the home. - Do I move? - Can the children stay in same school How to protect the children - Child support amount. - Spousal maintenance. - Debt responsibility. - Retirement division. - Business ownership. - Hidden assets. - Gambling or waste of marital assets. - Orders of Protection. - Cost, timeline, and settlement options such as mediation. ## 6. Ask the Right Questions - What are the main legal issues in my Arizona divorce? - What are my chances to get what I want and need? - What decisions do I need to make first? - What should I avoid doing? - Do I need temporary orders? - What documents should I gather next? - What are realistic settlement options? - What could happen if the case goes to court? - How does the firm communicate with clients? - What fees, retainers, and costs should I expect? - How long can this last? ## 7. After the Consultation - Decide whether to retain the attorney, If you retain the attorney, you will sign the fee agreement and pay the advance fee (retainer) - Save notes from the meeting. - Understand and agree on the Game Plan that your attorney will be sending you - Complete any recommended document gathering. - Calendar deadlines. - Avoid signing any agreements without advice of counsel ## What should I bring to my first divorce consultation? Bring court papers, financial records, parenting information, and a list of questions. If you do not have documents yet, bring a summary of what you know. Ask yourself what is most important to you. Communicate this to your attorney at the consultation. ## Can I meet with a lawyer before telling my spouse I want a divorce? Yes. Many people consult an attorney privately before filing or discussing divorce so they understand their legal options and risks. ## Can I use a joint credit card to pay the retainer for my attorney? Yes, you can. There may or may not be any future reallocation. ## Will the attorney tell me exactly what will happen? An attorney can explain the legal issues, your options, and your risk reward scenario. Attorneys cannot and should guarantee you any results or court outcome. ## Should I bring screenshots or messages? No, it is not necessary to bring those to the consultation unless they concern your safety. You can discuss the gist of these other communications and the attorney will know the best and most efficient method to make these documents into exhibits and a summary. If you have concerns about your safety; text messages, recordings and emails will be valuable for your consultation so your attorney can legally evaluate them. A focused consultation can help you make informed decisions before you file, respond, negotiate, or go to court. Contact our Arizona divorce team to schedule a confidential consultation. **Checklist Topics:** Divorce --- ### [Arizona Uncontested Divorce Checklist](https://www.bestlawaz.com/resources/arizona-uncontested-divorce-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Use this Arizona uncontested divorce checklist to see whether you and your spouse have agreement on property, debt, children, child support, and spousal maintenance. **Content:** An uncontested divorce can be faster and less stressful than a fully contested divorce, but only when both spouses truly understand and agree on all required terms. In Arizona, that often means more than agreeing to "get divorced." You need complete agreements about property, debt, parenting time, legal decision-making, child support, health insurance, taxes, and spousal maintenance. Many spouses negotiate or mediate all the issues and make agreements and then they fill out all the required paperwork to file for the consent process. It is a process to make all agreements before filing. This checklist helps Arizona spouses evaluate whether their divorce is ready for an uncontested path, whether a Summary Consent Decree may be possible, and what details should be resolved before filing paperwork or submitting a Summary Consent Decree to the court. ## Arizona Law Notes The Arizona Summary Consent Decree process is a streamlined process for parties who have reached full agreements on separating property and assets, and when children are involved, legal decision-making, parenting time, and child support. This process allows the spouses to file all the required documents at one time and after the reviews them and the 60 mandatory "cooling off" period is over, you will receive you signed copy of the decree in the mail. ## 1. Confirm You Both Want the Same Divorce Path - Both spouses want to resolve all the issues and avoid court. - Neither spouse is expecting the court to decide unresolved issues. - Both spouses are willing to sign required paperwork. - Both spouses agree to exchange all financial information to make informed decisions. - Neither spouse is being pressured, threatened, or rushed. ## 2. Confirm Arizona Filing Requirements - At least one spouse meets Arizona's residency of 90 days. - You know which Arizona county is appropriate for filing. - If children are involved, Arizona has jurisdiction if they have lived here 6 months prior to filing and there are no other court orders regarding them. ## 3. Resolve Property Issues - Decide any there are any post or pre-nuptial agreements. - List every real estate property and decide if it is community or sole and separate. - Decide whether the home will be sold, refinanced, transferred, or retained by one spouse. - Divide bank accounts. - Divide investment accounts. - Divide vehicles and confirm title/loan responsibility. - Divide household goods, jewelry, tools, firearms, collectibles, and valuables. - Divide pets. - Address business interests or self-employment assets. ## 4. Resolve Debt Issues - Identify all credit cards. - Identify personal loans, auto loans, student loans, tax debts, and medical debts. - Decide who pays each debt. - Decide whether joint accounts will be closed or refinanced. - Clarify what happens if one spouse fails to pay a debt assigned to them. - Consider whether creditors are bound by your divorce agreement. ## 5. Resolve Parenting Issues - Decide legal decision-making authority. - Create a weekly parenting time schedule. - Create holiday and school break schedules. - Address transportation and exchange locations. - Address school choice, medical care, counseling, religion, and extracurriculars. - Decide how parents will communicate and resolve future disagreements. - Complete required parent education. ## 6. Resolve Child Support Issues - Gather income information for both parents. - Determine childcare costs. - Determine health insurance costs for the children. - Decide how uncovered medical expenses will be shared. - Use accurate parenting time information. - Review Arizona child support calculations before agreeing. - Address payment method and start date. (advise using the Clearinghouse) ## 7. Resolve Spousal Maintenance Issues - Decide whether either spouse will pay spousal maintenance. - Agree on amount and duration. - Decide whether maintenance will be modifiable or nonmodifiable - Consider health insurance, self-sufficiency, earning capacity, and post-divorce budgets. - Get legal advice before waiving or agreeing to pay spousal maintenance. ## 8. Review Before Signing - Every agreement and detail is in writing. - Deadlines are specific. - The agreement covers all known assets and debts. - Parenting Plan is clear and per the Arizona guidelines - Support terms are based on accurate information. - Both spouses understand the long-term consequences. - Submit all required documents or the court will reject your packet and return it to you. - An Arizona attorney has reviewed the agreement if there is any doubt. ## When is the Summary Consent Decree Process applicable in Arizona? A divorce is generally uncontested when both spouses agree on all issues required to finalize the divorce, including property, debt, support, and child-related terms before filing. There is a specific list of required documents to be filed to go through this process. ## Can we use the same attorney? You can use one attorney as a neutral third party as your jointly hired mediator. But an attorney cannot ethically represent both spouses in a divorce. One attorney may draft or advise one spouse, while the other spouse may choose to seek independent review. ## Do both spouses have to agree to get a divorce? No, any spouse can agree to file for divorce. Arizona is a no fault divorce state. ## Can we still use mediation if we are filing for an "uncontested" divorce? Yes, you can use a mediator to help you and your spouse settle some of the more difficult issues and then after agreement, file the Summary Consent Decree packet. ## If I want an uncontested divorce, should I just default? No, you should never ignore the service of legal documents. Not filing a responsive pleading is not the same as an uncontested divorce. Even an uncontested divorce can have permanent consequences. Our Arizona family law team can review your agreement, identify gaps, and help you move forward with confidence. **Checklist Topics:** Divorce --- ### [Arizona Child Custody Checklist: Legal Decision-Making and Parenting Time](https://www.bestlawaz.com/resources/arizona-child-custody-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Prepare for an Arizona child custody case with this checklist for legal decision-making, parenting time, best-interests evidence, documents, and court preparation. **Content:** Arizona no longer uses "custody" as the main legal term in many family court orders. Instead, courts address legal decision-making and parenting time. Legal decision-making refers to authority over major decisions for a child, and parenting time refers to when the child is with each parent. This checklist helps parents prepare for an Arizona legal decision-making or parenting time case. It is useful for divorce cases, unmarried-parent cases, modification requests, mediation, temporary orders, and court hearings. Understand how domestic violence affects a child's best interests. This is an ever changing landscape in Arizona and it is important to know and understand how to protect your children. ## Arizona Law Notes Arizona courts determine legal decision-making and parenting time according to the best interests of the child. The statutory best-interests factors include the child's relationship with each parent, interaction with siblings and other important people, adjustment to home/school/community, the wishes of a child of suitable age and maturity, health of those involved, which parent is more likely to allow meaningful contact with the other parent, domestic violence or child abuse, coercion or duress, compliance with parent education, and false reporting issues. ## 1. Define the Issues - Are you asking for initial legal decision-making orders? - Are you asking to modify an existing order? - Are you asking for temporary orders while a case is pending? - Are you responding to the other parent's request? - Are there safety issues requiring urgent action? - Are child support or paternity also at issue? - Is there domestic violence? - Is there child abuse or neglect? - Does a spouse have drug or alcohol abuse history? - Is there a history of mental illness or criminality? ## 2. Gather Child Information - Child's full name and date of birth. - Current address and length of time in Arizona. - School, grade, teachers, and attendance information. - Medical providers, diagnoses, medications, and appointments. - Counseling or therapy information. - Extracurricular activities and schedules. - Important relationships with siblings, grandparents, stepparents, or caregivers. ## 3. Document Each Parent's Role - Who handles school communication? - Who schedules and attends medical appointments? - Who helps with homework? - Who handles transportation? - Who attends activities and parent-teacher meetings? - Who provides daily care, meals, bedtime routines, and discipline? - What has the parenting schedule actually been? ## 4. Prepare Best-Interests Evidence - Parenting calendars. - School records. - Medical and counseling records. - Photos or documents showing involvement in daily life. - Communications about parenting decisions. - Evidence of cooperation or refusal to cooperate. - Evidence of missed parenting time or interference. - Evidence related to domestic violence, substance abuse, neglect, or unsafe behavior. ## 5. Build a Proposed Parenting Plan - Weekly parenting time schedule. - Holiday schedule. - School break schedule. - Summer schedule. - Exchange times and locations. - Transportation responsibilities. - Communication rules between parents. - Child phone/video contact during the other parent's time. - Travel and relocation provisions. ## 6. Address Legal Decision-Making - Education decisions. - Non-emergency medical and dental decisions. - Counseling and mental health decisions. - Religious upbringing. - Extracurricular decisions and costs. - Emergency decision protocols. - What happens if parents disagree? ## 7. Prepare for Court or Mediation - Organize documents by topic and date. - Keep evidence child-focused. - Avoid insults and emotional accusations. Facts are your evidence. - Prepare a concise timeline. - Complete parent education class. - Review what relief you are requesting at the mediation or asking the court to order. - Speak with an attorney before making allegations or responding to serious allegations. - Understand the legal standards in court if you represent yourself at a trial. - Know how to present evidence if you represent yourself. - Consult with an experienced family law attorney and understand your risk reward scenario. ## What is the difference between legal decision-making and parenting time in Arizona? Legal decision-making involves major decisions about the child. Parenting time is the schedule for when the child is with each parent. ## Does Arizona automatically order 50/50 parenting time? No. Arizona courts focus on the child's best interests. Equal or near-equal parenting time may work in some families, but it is not automatic in every case. ## What does the judge look at in an Arizona custody case? The judge considers all relevant best-interests factors, including the child's relationships, adjustment, health, safety, parent cooperation, and any domestic violence or child abuse. ## Can text messages be used in a custody case? Yes, they may be relevant if they show parenting arrangements, threats, refusal to cooperate, safety concerns, or decision-making problems. Organize messages carefully and avoid editing them in a misleading way. Your parenting plan can shape your child's daily life for years. Our Arizona family law team can help you prepare a strategy for legal decision-making, parenting time, and child-related disputes and modifications. **Checklist Topics:** Custody and Parenting --- ### [Arizona Parenting Plan Checklist](https://www.bestlawaz.com/resources/arizona-parenting-plan-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Create a stronger Arizona parenting plan with this checklist for schedules, legal decision-making, holidays, transportation, communication, and child support details. **Content:** A parenting plan is required and has specific issues that must be in the plan. It does more than state where the children sleep. An approved Arizona parenting plan should give both parents clear expectations, reduce conflict, anticipate how to resolve future disputes and protect the children's routine. It should answer practical questions before they become disputes. It should be very detailed. Use this checklist to think through the details of legal decision-making, parenting time, holidays, school breaks, transportation, communication, travel, healthcare, and future disagreements. ## Arizona Law Notes An Arizona parenting plan is a document for parents who live apart and are parenting a child. It broadly establishes when a child will be with each parent and how legal decisions about the child will be made. Parenting plans must be consistent with the child's best interests. There are specific Arizona requirements for this plan. Details matter. For instance, it must include a reference to this paragraph: Both parents agree to follow the notification requirements of A.R.S. § 25-403.05(B). Each parent must immediately notify the other parent if a convicted or registered sex offender or a person convicted of a dangerous crime against children as defined in A.R.S. § 13-705 may have access to the child. Notice must be provided by first class mail return receipt requested, by electronic means, or by other communication accepted by the court. ## 1. Weekly Parenting Time Schedule - Weekday schedule. - Weekend schedule. - School-year schedule. - Summer schedule. - Start and end times for each parenting period. - Exchange location. - Transportation responsibility. - Backup plan if a parent is late or unavailable. ## 2. Holidays and Special Days - Thanksgiving. - Winter break. - Christmas Eve and Christmas Day, if observed. - New Year's Eve and New Year's Day. - Spring break. - Easter, Passover, Ramadan/Eid, or other religious holidays, if applicable. - Mother's Day and Father's Day. - Child's birthday. - Parents' birthdays. - Three-day weekends and school holidays. ## 3. Legal Decision-Making - Education decisions. - Medical and dental decisions. - Mental health counseling decisions. - Religious decisions. - Extracurricular decisions. - Emergency decisions. - Whether decisions are joint, sole, or divided by topic. - How and when parents will exchange information before major decisions. ## 4. School and Activities - School enrollment and school choice. - Parent access to school portals and records. - Parent-teacher conferences. - Homework responsibilities. - Extracurricular enrollment. - Practice and game transportation. - Cost sharing for activities. - Rules for schedule conflicts. ## 5. Healthcare - Health insurance responsibility. - Dental and vision coverage. - Routine medical appointments. - Emergency medical care. - Therapy or counseling. - Prescription management. - Sharing medical records and appointment notices. - Uncovered medical expense reimbursement. ## 6. Parent Communication - Preferred communication method. - Response times for routine issues. - Response times for urgent issues. - Communication boundaries. - Use of co-parenting apps, if needed. - No using children as messengers. - Rules for sharing travel, school, medical, and activity updates. ## 7. Child Communication - Phone or video contact with the other parent. - Reasonable privacy for child-parent calls as appropriate. - Rules around devices and screen time. - Contact during vacations. - Contact during emergencies. ## 8. Travel, Moves, and Safety - Out-of-state travel notice. - International travel and passports. - Travel itineraries. - Emergency contact information. - Safety concerns and protective conditions. - Alcohol, drug, firearm, or supervision restrictions if needed. - Relocation notice and dispute process. ## 9. Dispute Resolution - What parents must do before filing in court. - Mediation requirement - How urgent disputes will be handled. - How disagreements about activities or healthcare will be handled. - Attorney review before finalizing. ## What should an Arizona parenting plan include? It should include a parenting time schedule, legal decision-making terms, holiday schedules, transportation details, communication rules, and practical provisions for school, healthcare, travel, and disputes. It is also required to notify about sex offenders and have a process for resolving disputes before any court filing in the future. ## Can parents create their own parenting plan? Yes, parents can agree on a parenting plan, but it should still be clear, complete, and consistent with the child's best interests. It must also comply with Arizona rules or the judge will reject it. ## What happens if a parenting plan is vague? It might be rejected by the court and you will have to work on it again. Vague plans often cause conflict. If the plan does not address details about exchanges, holidays, school breaks, or decisions, parents may end up back in mediation or court. ## Does the parenting plan affect child support? Yes. Parenting time and certain child-related expenses can affect child support calculations under Arizona's Child Support Guidelines. The guidelines are partially based on where the child lives the majority of the time. A clear parenting plan can prevent future conflict. Our Arizona family law team can help you create, review, or modify a parenting plan that fits your child's needs. **Checklist Topics:** Custody and Parenting --- ### [Arizona Child Custody Mediation Checklist](https://www.bestlawaz.com/resources/arizona-child-custody-mediation-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Prepare for Arizona child custody mediation with this checklist covering legal decision-making, parenting time, best interests, documents, and safety concerns. **Content:** Child custody mediation can help parents resolve legal decision-making and parenting time issues without a contested hearing. In Arizona, mediation is often most successful when parents come prepared with practical proposals, child-focused concerns, and accurate information. This checklist helps you prepare for custody mediation by organizing your schedule ideas, best-interests evidence, decision-making concerns, and settlement priorities. ## Arizona Law Notes Arizona courts decide legal decision-making and parenting time based on the child's best interests. Parents may agree to a parenting plan, but the plan should still address the child's needs and be clear enough to follow. ## 1. Prepare Your Mindset - Focus on the child's needs, not punishing the other parent. - Identify the issues that truly matter. - Adress safety and abuse issues - Be ready to explain why your proposal benefits the child. - Read and understand the best interests factors. ## 2. Bring Current Schedule Information - Current weekly parenting schedule. - School start/end times. - Daycare or after-school care schedule. - Activity schedule. - Medical or therapy appointment schedule. - Each parent's work schedule. - Transportation limitations. ## 3. Bring Parenting Proposals - Proposed regular parenting time schedule. - Holiday schedule. - School break schedule. - Summer schedule. - Transportation plan. - Communication plan. - Travel and vacation plan. - Plan for resolving future disagreements. - Address any supervised parenting plans ## 4. Prepare Legal Decision-Making Topics - Education. - Medical and dental care. - Counseling and mental health care. - Religion. - Extracurricular activities. - Emergency decisions. - Disputes when parents disagree. ## 5. Gather Supporting Documents - School records. - Medical records. - Attendance records. - Parenting calendars. - Texts or emails about scheduling. - Evidence of missed exchanges or interference. - Evidence of safety issues. - Records showing each parent's involvement. - Evidence of neglect or domestic violence ## 6. Address Safety Concerns Carefully - Domestic violence history. - Substance abuse concerns. - Unsafe driving or supervision issues. - Threats or harassment. - Child abuse or neglect concerns. - Need for supervised exchanges or supervised parenting time. - Protective orders or police reports. - How mediation can address the safety concerns. ## 7. Before Signing Any Agreement About the Children - Read the entire agreement. - Confirm every schedule term is specific. - Confirm legal decision-making terms are clear. - Confirm child support numbers are based on the actual parenting plan and the guidelines - Ask what happens if one parent violates the agreement. - Get legal advice before signing if you are uncertain. - Understand the Best Interests Factors Understand the impact of domestic violence on child issues ## Do I need evidence for mediation? You should have written what is most important to you and what you want the outcome of the mediation to be. Clear expectations help you throughout the process. Even though you don't present evidence like in court, having certain documents can help clarify schedules, concerns, and practical needs. Having your mediator understand your concerns and requests is very helpful in getting the other side to any agreements. ## Can custody mediation determine child support? Yes, it can. It will be calculated under Arizona's Child Support Guidelines but there are often disputes over inputting accurate information that can be helped in a mediation. ## Do I have to be in the same room as my spouse during mediation? No, it is highly recommended that the parties be in separate rooms and never see each other during the process. It keeps everyone's emotions in check and helps the process. You will be in your separate room with your attorney if you retained one and the mediator will go back and forth. While the mediator is with your spouse, you and your attorney can discuss and strategize. Custody mediation can shape your child's future schedule and decision-making structure. Our Arizona custody attorneys can help you prepare a strong, child-focused plan before mediation or at the mediation with you. We can also be retained by both spouses to be the neutral third party mediator to help you both resolve your issues. **Checklist Topics:** Custody and Parenting --- ### [Arizona Emergency Custody Checklist](https://www.bestlawaz.com/resources/arizona-emergency-custody-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Concerned about a child's immediate safety? Use this Arizona emergency custody checklist to organize facts, evidence, documents, and urgent next steps. **Content:** Emergency custody issues are serious. Arizona courts do not treat every parenting disagreement as an emergency. A true emergency usually involves immediate concerns about a child's safety, health, welfare, or risk of harm. Examples may include domestic violence, child abuse, severe neglect, substance abuse around the child, threats to take or hide the child, or a parent creating a dangerous situation. This checklist is designed to help Arizona parents organize urgent information before contacting an attorney, law enforcement, child protective authorities, or the court. If a child is in immediate danger, call 911 first. ## Arizona Law Notes Arizona legal decision-making and parenting time decisions are based on the child's best interests, and domestic violence or child abuse are specifically relevant to that analysis. If domestic violence is involved, an Arizona Order of Protection may also be available, and Arizona's protective order statute allows certain relief, including no-contact provisions and exclusive use of a residence in appropriate circumstances. ## 1. Identify the Emergency - Is the child in immediate physical danger? - Has there been domestic violence in the child's presence? - Has the child been abused or neglected? - Is a parent impaired by drugs or alcohol while caring for the child? - Has a parent threatened to take, hide, or not return the child? - Is there unsafe driving, unsecured weapons, dangerous people, or unsafe housing? - Is urgent medical or mental health care being denied? ## 2. Take Immediate Safety Steps - Call 911 if there is immediate danger. - Seek medical care if the child is injured or needs urgent treatment. - Contact appropriate child safety authorities if abuse or neglect is suspected. - Move to a safe location if legally permitted and necessary. - Avoid confrontation with the other parent. - Preserve evidence without escalating the situation. - Contact an experienced Arizona family law attorney as soon as possible. ## 3. Gather Evidence - Police reports or incident numbers. - Medical records or discharge paperwork. - Photos of injuries, property damage, unsafe conditions, or relevant items. - Screenshots of threats, admissions, or concerning messages. - Witness names and contact information. - School or daycare reports. - Prior protective orders or court orders. - Records of missed returns, sudden travel plans, or attempts to conceal the child. ## 4. Prepare a Clear Timeline - Date and time of each incident. - Where each incident happened. - Who was present. - What the child saw, heard, or experienced. - What action you took. - Whether police, doctors, school staff, or witnesses were involved. - Whether there were prior similar incidents. ## 5. Review Existing Orders - Current legal decision-making order. - Current parenting time schedule. - Protective order terms. - Exchange location requirements. - Travel or relocation restrictions. - Communication restrictions. - Child support or other related orders. ## 6. Think Through Requested Emergency Relief - Temporary change in parenting time. - Temporary sole legal decision-making. - Supervised parenting time. - Supervised exchanges. - No alcohol/drug use before or during parenting time. - Random drug or alcohol testing. - Surrender of passports or travel restrictions. - No contact with specific unsafe individuals. - Protective order relief. ## 7. Avoid Common Mistakes - Do not ignore immediate danger. - Do not make false or exaggerated claims. - Do not violate an existing court order without legal advice unless safety requires emergency action. - Do not use emergency filings for ordinary schedule disputes. - Do not post allegations online. - Do not coach the child or pressure the child to make statements. - Do not hesitate to protect your child ## What qualifies as an emergency custody issue in Arizona? Emergency concerns usually involve immediate risk to a child's safety or welfare such as a child coming home from a parental visit with stories of abuse or unexplained bruises. Ordinary disagreements about schedules, discipline, or communication usually are not emergencies. ## Should I call police or file in family court? If the child is in immediate danger, call 911. Before you go to court, you should consider consulting with a family law attorney. If you need an Order of Protection, do not hesitate. Family court can address safety issues on an emergency basis. Medical providers should also be involved if appropriate as they are mandatory reporters. Law enforcement may be needed for immediate safety. ## Can an Order of Protection affect parenting time? Yes, depending on the evidence you present. Protective orders and family court orders can overlap and dovetail so legal advice is very important. ## What evidence matters most? Courts often look for specific facts, dates, documents, reports, photos, messages, and witness information. A compelling narrative that is organized and detailed also helps. If your child may be in danger, act quickly and carefully. Our Arizona family law team can help you evaluate emergency court custody options and take appropriate legal steps. **Checklist Topics:** Custody and Parenting --- ### [What to Bring to a Child Custody Hearing in Arizona](https://www.bestlawaz.com/resources/what-to-bring-child-custody-hearing-arizona/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Going to an Arizona child custody hearing? Use this checklist to organize court papers, evidence, parenting calendars, witness information, and proposed orders. **Content:** A child custody hearing can feel overwhelming, especially when the outcome affects your child's schedule, school routine, safety, and major decisions. Preparation matters. The judge needs specific, organized information about the child's best interests. This checklist helps Arizona parents prepare for a court hearing involving legal decision-making, parenting time, temporary orders, modification, enforcement, or emergency issues. ## Arizona Law Notes Arizona courts decide legal decision-making and parenting time according to the child's best interests. In contested cases, the court must make findings about relevant best-interests factors and the reasons the decision is in the child's best interests. ## 1. Court Papers - Hearing notice. - Petition, response, motion, or request that led to the hearing. - Know and comply with court orders to prepare for hearing - Existing legal decision-making and parenting time orders. - Temporary orders, if any. - Protective orders, if any. - Proof of service documents. - Any exhibits or disclosure documents to be used at hearing and production before hearing - Proposed order, if your attorney recommends bringing one. ## 2. Identification and Logistics - Court address, courtroom, judge, and hearing time. - Parking and security information. - Prior disclosure to court of exhibits and bring copy to court. - Notebook and pen. - Water and anything needed for a long wait. (don't chew gum in court and turn off phone) - Childcare arrangements so the child is not brought to court. Do not bring your child to court. ## 3. Parenting Time Evidence - Parenting calendar. - Exchange records. - Missed parenting time records. - Travel records. - Communications about schedule changes. - Records showing each parent's involvement. - Evidence of interference, if alleged. ## 4. Legal Decision-Making Evidence - School communications. - Medical appointment records. - Counseling or therapy records. - Emails or texts about major decisions. - Evidence of cooperation or refusal to communicate. - Records showing who historically made or handled major decisions. - Medical or counseling records of other parent ## 5. Best-Interests Evidence - School attendance and grade records. - Medical and mental health information. - Evidence of the child's routine and stability. - Evidence of sibling and family relationships. - Evidence of each parent's home environment. - Evidence of domestic violence, child abuse, substance abuse, or safety issues, if relevant. - Evidence that you support the child's relationship with the other parent, unless safety concerns apply. ## 6. Witness Preparation, Note they must have been disclosed under the court rules - Names and contact information for potential witnesses. - Subpoenas if required. - Short summary of what each witness knows must be on a previously disclosed disclosure statement - Confirmation that witnesses have firsthand knowledge. - Prepared direct examination ## 7. Your Proposed Parenting Plan - Weekly schedule. - Holiday schedule. - School break schedule. - Transportation plan. - Exchange location. - Legal decision-making proposal. - Communication plan. - Safety provisions, if needed. ## 8. Courtroom Conduct - Arrive early. - Dress respectfully. - Speak to the judge, never directly to the other parent. - Answer only the question asked. - Stay calm even if the other parent says something inaccurate. - Do not interrupt. - Keep the focus on the child. ## Should I bring my child to a custody hearing? No. No. No. ## Can I bring screenshots to court? Yes but…you will have to follow the rules of evidence to use anything specific at trial. You will need to read the rules and understand how to use them. You may be able to use messages or screenshots if they are relevant and properly disclosed prior to trial. ## What should I say to the judge? You can be a witness at your own trial, of course, and this will allow you to speak directly to the judge and explain what you want for your child and why. The judge may also ask you questions. ## Do I need a lawyer for a custody hearing? No, but you are held to the same standard as an attorney. It is not advisable to represent yourself in court. Custody hearings are usually high-stakes or they should have been settled. An experienced family law attorney can advocate for you and properly prepare all the legal aspects of a trial. A custody hearing can have long-term consequences for your child and your parental rights. Our Arizona family law team can help you prepare your evidence, testimony, and strategy. **Checklist Topics:** Custody and Parenting --- ### [Arizona Child Support Documents Checklist](https://www.bestlawaz.com/resources/arizona-child-support-documents-checklist/) **Published:** June 9, 2026 **Author:** Cindy Best **Excerpt:** Use this Arizona child support documents checklist to gather income records, parenting time information, childcare costs, insurance premiums, and expense records. **Content:** Arizona child support calculations depend on accurate information. The court may consider both parents' incomes, parenting time, medical insurance costs, childcare expenses, and other child-related factors under the Arizona Child Support Guidelines. Even small errors in the numbers can affect the final support amount. This checklist helps parents gather documents before filing for child support, responding to a request, modifying support, attending mediation, or preparing for court. ## Arizona Law Notes Arizona's Child Support Guidelines use the Income Shares Model. The Arizona Child Support Calculator is an interactive tool that estimates support based on the Guidelines, but Arizona court resources explain that the court has final authority and the calculator result is not a guarantee. ## 1. Income Documents for Each Parent - Recent pay stubs. - Last 2-3 years of tax returns. - W-2s and 1099s. - Bonus, commission, overtime, and tips records. - Self-employment profit and loss statements. - Business bank statements. - Unemployment, disability, Social Security, workers' compensation, pension, or retirement income records. - Evidence of cash income or gig work. ## 2. Parenting Time Information - Current parenting time order. - Proposed parenting time schedule. - Actual overnights calendar. - Exchange logs. - Records of missed or additional parenting time. - Holiday and summer schedule. - Any custody or parenting time modification requests. ## 3. Health Insurance and Medical Expenses - Health insurance premium cost for the children. - Dental and vision premium costs. - Insurance cards. - Employer benefits statement. - Uncovered medical, dental, vision, therapy, or prescription expenses. - Records of reimbursements or unpaid medical bills. ## 4. Childcare and Education Costs - Daycare invoices. - Before-school or after-school care invoices. - Summer care costs. - Receipts for childcare payments. - Special education or tutoring expenses, if relevant. - Documentation of childcare needed for work or job search. ## 5. Other Support Obligations - Support orders for other children. - Proof of payments for other court-ordered support. - Children living in either parent's home. - Spousal maintenance orders, if relevant. - Arrearage records. ## 6. Existing Case Documents - Current child support order. - Income withholding order. - Payment history. - Prior worksheets or calculations. - Any pending petitions or motions. - Department of Economic Security / DCSS communications, if applicable. ## 7. Special Circumstances - Evidence of unemployment or reduced income. - Job-search records. - Disability or medical records affecting work. - Evidence of underemployment or hidden income. - High childcare or medical costs. - Child with special needs. - Significant travel expenses for parenting time. ## What documents do I need for child support in Arizona? Start with income records, parenting time information, health insurance premiums, childcare costs, medical expenses, and any existing support orders. ## Does parenting time affect child support? Yes. Parenting time can affect the calculation, which is why accurate schedules and actual overnights matter. ## Is the Arizona child support calculator final? No. The calculator is an estimate. The court has final authority to determine the support amount. In high income families, deviation from the guidelines can be argued. ## What if the other parent is self-employed? Gather business records, bank statements, tax returns, profit and loss statements, invoices, and evidence of personal expenses paid through the business. You may need to retain a tax accountant. Child support should be based on accurate information. 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