Family Law

We offer legal services in domestic relations and family law matters such as divorce (dissolution), child custody, child support, spousal maintenance (alimony), community property division, and guardianship. There are four courthouses throughout the Phoenix area and we practice in each of them; so we service the entire Phoenix metropolitan area which includes Ahwatukee, Carefree, Cave Creek, Chandler, Fountain Hills, Glendale, Peoria, Phoenix, Mesa, Scottsdale, Surprise, and Tempe.

• Parenting Time
• Paternity
• Annulments
• Pre and Post Nuptial Agreements
• Orders of Protection/Injunctions
• Adoption

Divorce and Dissolution

In Arizona, Divorce is called "Dissolution of Marriage" and court papers use this term instead of divorce. During a divorce, the court has the authority to divide certain property and debts of the spouses and in some cases to order one spouse to pay spousal maintenance (alimony) to the other. If children are involved, the Court can also decide legal and physical custody, parenting time (formerly called visitation) and child support issues. Only the Court can legally end a marriage.

Although it is not required to retain an attorney to represent you in a divorce case, you must be able to follow the same rules and procedures as attorneys. A divorce lawyer can also mediate on your behalf. Even without a lawyer, all papers must be in the proper form and filed on time. The judges, clerks, and staff of the court are not permitted to give you legal advice. Divorce cases often involve important issues about child custody, child visitation, property and debt division, and financial support. The resulting decisions can have a life long impact on the family.

If you have any questions about your legal rights contact us at 602-494-0556.

Child Custody

Child custody and visitation are often the most emotional and complex issues involved in any divorce. The attorneys of Doyle Law Group are committed to helping our clients resolve child custody and visitation issues with a minimum impact on the effected children. Our child custody and parenting time (visitation) lawyers represent clients throughout Maricopa County.

Arizona law does allow parents to write a parenting plan if they agree to joint legal and physical custody. It must be signed and in writing. The parenting plan is reviewed by the court and made part of the decree of dissolution of marriage or custody order. A parenting plan will be determined by the court if the parents cannot agree on joint legal custody and parenting time (visitation). Any parenting plan must include the following:

• Provisions for how the parents will be involved in caring for the child and how major decisions such as education, religion, and health care will be made. This is called legal custody and will usually be joint legal custody if both parents are fit and proper and it is in the child's best interest.
• A residential plan: where the child will reside and when the non residential parent will have parenting time (visitation).
• A method of mediating or resolving disputes. No particular method is required. It is common to include that parties will work with a mediator, counselor, or member of the clergy before taking problems back to court.
• A provision for periodic review of the parenting plan. The frequency of review is not specified in the law, but review every one to two years is common. The law does not require any particular type of review, and the review required by the parenting plan could range from a single discussion between the parents to a series of formal sessions with a mediator.

Regardless of which parent is granted physical custody of the children, the non-custodial parent is almost always granted visitation. Parenting time arrangements are often negotiated between the parents or mediated and then approved by the courts. However, when the parents can not agree, visitation schedules can be imposed by the court. Visitation violations are not favored by the court and can result in a change of custody, orders of protection, or a misdemeanor that can result in arrest and jail time. Our attorneys can help parents and grandparents with parenting time (visitation), child support, and guardianship issues.

As part of our on-going commitment to our clients, we work with parents and families as situations and circumstances change and assist with post-divorce modifications of child custody and visitation orders. Contact the Law Offices of Doyle Law Group on-line or by phone.

If you have any questions about your legal rights contact us at 602-494-0556.

Child Support

Child support is a payment by one parent (often the "non-custodial parent") to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so the combined incomes/wealth of both parents are available to use for the support of the child.

A Child Support Order is a document from the court that states (a) when, (b) how often, and (c) how much a parent is to pay for child support. A Child Support Order is typically part of a divorce decree or paternity judgment

 

A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

Child support is not designed to punish the non-custodial parent or enrich the custodial parent, but rather to assure that the children share in the income of both parents. At the Law Offices of Doyle Law Group, we have helped numerous families deal with child support issues and protect the interests of their children.

If your spouse has filed for dissolution (divorce) or if you are considering filing for divorce and need legal advice regarding child support issues, please contact the Law Offices of Doyle Law Group. Our experienced child support lawyers will provide legal advice regarding the financial consequences of a child support action, as well as information about protecting the interests of your children.

If you have any questions about your legal rights contact us at 602-494-0556.

Community Property

Community Property is property acquired by the spouses during marriage. Generally, the law presumes that any property purchased or obtained by either spouse during the marriage is community property. Community property is not just land or buildings. It includes a variety of property such as: money, jewelry, home furnishings, automobiles, boats, investments, pensions, and the wages or earnings of either spouse during the marriage. Even retirement plans and pensions can be part of community property.

Arizona law provides that property obtained by a person before marriage can remain the "separate property" of that spouse. Also items that a spouse receives by gift or inheritance during the marriage (and any increase in those items, such as through growth in value, interest earned or profits) are also the separate property of the spouse. A husband and wife can agree on how to split their property.

It is important to know the difference between community property and separate property because in a dissolution proceeding, the court is required by law to divide the community property in a fair and equitable (not necessarily equal) way. You must be able to show the court adequate proof of separate property.

For help to retain your rights to separate property contact us at 602-494-0556

Disclaimer: These materials have been prepared for informational purposes only and are not legal advice. The material posted on this site is not intended to create, and receipt of it does not constitute, a lawyer/client relationship. Readers should not act upon it without seeking professional counsel.