The Law Office of James E Holland, PC will alleviate your concerns by thoroughly explaining your rights and options, as well as the possible financial and emotional toll that family court litigation may have on you and your children.
When mediating an issue of child custody or child support, we are effective negotiators and often can resolve conflicts early on in the legal process. This results in a better, smoother outcome for all parties. When necessary, our firm uses forensic experts in child custody cases. Highly-qualified, highly-educated psychologists, custody evaluators, and parenting coordinators leave less room for uncertainty in these cases.
Divorce / Dissolution of Marriage
Divorce, referred to as Dissolution of Marriage by the court, is the legal means of ending a marriage. In Arizona, the process will take at least 60 days once the papers are served, and the duration is influenced by numerous factors beyond that. There are a great many areas to consider when making this decision, and it is advisable to contact an experienced attorney at the earliest opportunity.
Division of Property / Division of Debt
Arizona is a community property state, which recognizes that all assets and debts accumulated during the marriage rightly belong to both spouses. If the parties do not agree on a division, a judge will divide property and debts equitably. However, equitably does not mean “equally” and there any number of factors that the judge will consider.
It is important that you engage an experienced divorce attorney to advocate for your rights in the divorce process. Representation becomes even more important in the event that there were assets prior to the marriage or if current assets, including such things as businesses, cannot be easily split apart.
Spousal Maintenance
Alimony, or spousal maintenance, is not an automatic part of the Arizona divorce process. If you are in need of spousal support, or if you might be ordered to pay spousal support, appropriate legal representation is critical. A judge will consider a wide range of factors when determining if spousal support is warranted, and at what amount. An experienced divorce attorney will work to make sure that any spousal support awarded is fitting for the circumstances of the divorcing party.
Child Support / Child Custody / Parenting Time
The state of Arizona is advanced when it comes to fathers' rights, including custody rights for absent fathers. Along with custody, child support arrangements and visitation, or parenting time, are also part of the decree. Based on the Arizona guidelines, we inform clients of their parental rights and responsibilities regarding custody, support and visitation.
There are complex factors that must be considered, and the amount of time and support awarded to each parent is one of the most important decisions that will be reached. If there are children in a divorce proceeding, experienced representation is essential.
Court-Ordererd Modifications
In Arizona, parents can request a hearing every three years to modify a child support order due to a substantial change in circumstances. These may include a change in the income of either party, emancipation of the child, or special needs in the way of private school or disability. An experienced attorney will consult with you to determine if your change in circumstances meets the definition of substantial as set forth by the courts, and will advocate for your interests if a modification is in order.
Paternity Cases
Establishing paternity, including the rights and responsibilities that accompany parenthood, is a weighty matter. When needed, expert forensic tests and testimony will be utilized to provide the court with all necessary information on which to base its decision. You will need an experienced attorney to ensure that a fair and workable arrangement is reached that benefits the child and all adults involved in this action.
