The Turner Law Firm PLLC — Full Service Law Firm in
Arizona

In Arizona, there is no legal requirement for you to have an attorney for your family law case; you are
allowed to represent yourself in legal matters. This practice is known as “pro se” representation. However,
it’s important to be aware that if you choose to represent yourself, you will be held to the same standards
as an attorney in terms of knowledge and application of the law, court procedures, and legal paperwork.
While representing yourself can save on legal fees, it also means you’ll need to be well-prepared and
informed about the legal processes and laws relevant to your case.

If your case is complex or involves significant assets, custody issues, or other complicated factors, it may
be beneficial to consult with or hire an attorney. An attorney can provide expert guidance, ensure that all
legal procedures are correctly followed, and help advocate for your best interests in court

Spousal support, also known as alimony, is a legal obligation for a person to provide financial support to
their spouse during or after a marital separation or divorce. The purpose of spousal support is to limit any
unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or
lower-wage-earning spouse. This is based on the idea that both spouses in a marriage have an obligation to
support each other financially during the marriage and sometimes after its dissolution.

The specific terms of spousal support, such as the amount and duration, vary based on several factors,
including:

• Length of the Marriage: Longer marriages may result in longer periods of support.
• Standard of Living During the Marriage: This considers the lifestyle the couple had during their
  marriage.
• Age and Health of Both Parties: These factors can affect the ability to work and need for support.
• Financial Resources: This includes both the ability of one spouse to pay support and the other
  spouse’s need for support.
• Contribution to the Marriage: This can include career sacrifices made by one spouse to support the
  other’s career or to raise children.

The rules and calculations for spousal support can vary by state. In Arizona, courts consider these and
other relevant factors to decide whether to award spousal support, its amount, and duration. It’s often
recommended to consult with a legal professional for specific advice related to individual circumstances in
spousal support matters.

Parental alienation refers to a situation where one parent, either intentionally or unintentionally, causes
a child to reject, fear, or become hostile towards the other parent without legitimate justification. This
can occur in the context of marital conflict, separation, or divorce and is a significant concern in family
law due to its impact on the child’s emotional well-being and the parent-child relationship.

Characteristics of parental alienation may include:

• Badmouthing the Other Parent: One parent speaks negatively about the other parent to the child,
  thereby influencing the child’s perception.
• Limiting Contact: The alienating parent might try to limit the child’s contact with the other parent,
  interfering with visitation or communication.
• Interfering with Communication: The alienating parent might intercept or prevent messages and calls,
  hindering the other parent’s ability to communicate with the child.
• Undermining Authority: The alienating parent may undermine the authority or parenting role of the
  other parent.
• Creating False Narratives: The child might be told exaggerated or false stories about the other
  parent, leading to fear or resentment.

Parental alienation can have serious emotional and psychological effects on children, including issues with
trust, guilt, and conflict about loyalty to both parents. It’s often a complex issue in family law, as
courts need to balance the need to protect children from harmful influences against the right to maintain a
relationship with both parents.

In cases where parental alienation is suspected or alleged, courts might seek the input of mental health
professionals to assess the family dynamics and recommend interventions. Addressing parental alienation
often requires a nuanced approach, focusing on the best interests of the child, including therapy and
counseling, and legal measures to ensure that the child has access to and a healthy relationship with both
parents.

Arizona, like many other states, does not favor mothers or fathers in matters of child custody and parental
rights. Instead, the state follows the principle of the “best interests of the child.” This means that when
making custody decisions, courts in Arizona focus on what arrangement will best serve the child’s physical,
emotional, mental, and social welfare, regardless of the parent’s gender.

Key factors considered in determining the best interests of the child include:

• The Child’s Wishes: Depending on the child’s age and maturity, their preferences may be considered.
• The Relationship Between the Child and Each Parent: Courts look at the strength, nature, and stability
  of the child’s relationship with each parent.
• The Mental and Physical Health of All Parties: The ability of each parent to provide a stable and
  healthy environment is considered.
• Adjustment to Home, School, and Community: The impact of the custody arrangement on the child’s
  existing social and educational life is important.
• Ability of Each Parent to Provide a Stable Environment: This includes considerations of parenting
  skills, capacity to provide for the child’s needs, and the presence of domestic violence or substance
  abuse.

The law’s approach is intended to ensure that decisions are made with the child’s welfare as the primary
concern, rather than any presumptive rights of either parent based on their gender. This approach aims to
support the development and maintenance of a healthy and positive relationship with both parents, when it is
in the best interests of the child.

The duration of a divorce process in Arizona can vary significantly depending on several factors, including
whether it’s a contested or uncontested divorce, the complexity of the marital estate, whether there are
children involved, and how quickly the parties can come to an agreement on key issues.

• **Uncontested Divorce**: If both parties agree on all major issues (like property division, child
  custody, and support), the process can be relatively quick. In Arizona, there’s a mandatory 60-day
  waiting period from the date the divorce petition is served until the divorce can be finalized. So, in
  the simplest cases, a divorce might be finalized shortly after this 60-day period.
• **Contested Divorce**: If the parties disagree on significant issues, the process takes longer.
  Contested divorces require court intervention to resolve disputes and can involve numerous steps,
  including discovery, negotiations, and possibly a trial. This type of divorce can take several months to
  over a year, depending on the complexity and the court’s schedule.
• **Other Factors**: The overall timeline can also be affected by the court’s caseload, the efficiency
  of the attorneys (if involved), and the readiness of each party to proceed at various stages.

It’s important to note that each divorce case is unique, and the time frame can vary widely based on the
specific circumstances of the case. For a more accurate estimation based on your situation, it might be
helpful to consult with a legal professional familiar with Arizona family law.

Child support can be increased under certain circumstances, typically when there has been a substantial and
continuing change in the circumstances of either parent or the needs of the child. In Arizona, as in many
states, either parent can request a review and modification of the child support order if such changes
occur. Common reasons for requesting an increase in child support include:

• **Increased Income of the Non-Custodial Parent**: If the parent who pays child support experiences a
  significant increase in income, this might be a basis for increasing child support.
• **Change in Custody or Parenting Time**: If there’s a change in the amount of time the child spends
  with each parent, this can affect child support calculations.
• **Increased Needs of the Child**: This can include factors such as rising educational expenses,
  healthcare costs, or other special needs of the child.
• **Cost of Living Adjustments**: Sometimes, child support might be adjusted to account for inflation or
  changes in the cost of living.
• **Decreased Income or Changed Financial Circumstances of the Custodial Parent**: If the custodial
  parent’s financial situation worsens significantly, they may request more support to continue providing
  for the child’s needs adequately.

To request an increase in child support, a parent typically needs to file a petition with the court that
issued the original child support order. The court will then review the case, considering the current
financial situations of both parents and the needs of the child. Documentation of income changes, increased
expenses, or other relevant financial information will usually be required.

It’s important to note that child support modifications are not automatic; they require a court order. Until
a new order is issued, the existing child support amount remains in effect. Legal advice or assistance can
be helpful in navigating the process, especially in understanding the specific requirements and procedures
in Arizona.

In Arizona, as in other states, obtaining full custody (often referred to as “sole custody”) involves a
legal process where the court determines that having the child reside with and be under the supervision of
one parent is in the best interests of the child. To pursue full custody, you should consider the following
steps and factors:

• **Understanding Custody Types**: In Arizona, custody is divided into legal custody (decision-making
  authority) and physical custody (where the child lives). Full custody generally means having both sole
  legal and physical custody.
• **File a Petition**: You would need to file a petition for custody with the family court. This
  typically requires filling out specific forms and possibly paying a filing fee.
• **Best Interests of the Child**: The court bases its decision on what arrangement serves the best
  interests of the child. Factors considered include the child’s age, health, emotional ties with each
  parent, the parents’ ability to care for the child, any history of family violence or substance abuse,
  and, in some cases, the child’s preference.
• **Evidence and Documentation**: Provide evidence supporting why sole custody is in the child’s best
  interest. This might include demonstrating your ability to provide a stable, safe, and nurturing
  environment for the child.
• **Legal Representation**: Consider hiring an attorney who specializes in family law. An attorney can
  provide guidance specific to your situation, help you navigate the legal system, and represent you in
  court.
• **Mediation or Negotiation**: Sometimes, custody issues can be resolved through mediation or
  negotiation between the parents, without needing a court trial.
• **Court Proceedings**: If the case goes to court, be prepared to present your case, including calling
  witnesses and submitting evidence, to demonstrate why you should be granted full custody.
• **Court’s Decision**: The judge will make a decision based on the information presented in the court
  proceedings, guided by the principle of the child’s best interests.

Remember that courts generally favor arrangements where both parents are involved in the child’s life, as
this is often seen as being in the best interests of the child, except in cases where there are concerns
about the child’s safety and well-being. Full custody is granted in situations where shared custody would be
detrimental to the child, such as in cases of abuse, neglect, or when one parent is deemed unfit.

A “best interest attorney” is a legal professional appointed by a court to represent the best interests of a
child in certain legal proceedings, typically in cases involving custody, visitation, or other family law
matters. This role is distinct from that of a traditional attorney in several key ways:

• **Role and Responsibility**: The primary responsibility of a best interest attorney is to advocate for
  what they believe is in the best interests of the child, which may not necessarily align with the
  child’s wishes or preferences. This is different from a child’s attorney or guardian ad litem, whose
  role might be more focused on representing the child’s expressed wishes.
• **Assessment of Best Interests**: The best interest attorney investigates the facts of the case, talks
  with the child, and may also speak with parents, teachers, social workers, and other relevant parties.
  They may review documents and other evidence related to the child’s well-being.
• **Representation in Court**: In court proceedings, the best interest attorney presents findings and
  makes recommendations to the judge about what arrangements (such as custody or visitation) would serve
  the child’s best interests.
• **Objective Perspective**: The attorney is expected to maintain an objective stance, focusing solely
  on the child’s welfare, independent of either parent’s position.
• **Expertise in Child Welfare**: Best interest attorneys typically have specialized knowledge in child
  development, family dynamics, and the impact of divorce or separation on children. They are trained to
  understand and advocate for the child’s needs in the context of legal proceedings.

The appointment of a best interest attorney is a measure taken by the court to ensure that the child’s needs
and welfare are adequately represented and considered in decisions that significantly affect their life.
This role underscores the principle that in legal matters involving children, especially contentious custody
disputes, the focus should be on protecting and prioritizing the child’s well-being.

In Arizona, when served with a petition for dissolution of marriage (divorce), you typically have 20 days to
file a response if you are served within the state. If you are served outside of Arizona, this period
extends to 30 days. This timeline is important to adhere to, as failing to respond within this period can
lead to the court proceeding without your input, potentially leading to a default judgment against you.

An order of protection can significantly impact a family court case, particularly in matters related to
custody and visitation. When an order of protection is issued, it indicates concerns about the safety and
well-being of one party due to the actions of the other. In family law, the court’s primary concern is the
best interests of the child, and any indication of potential harm or unsafe conditions can greatly influence
the court’s decisions.

Here are some specific ways an order of protection might impact a family court case:

• **Custody and Visitation**: If an order of protection is issued against a parent, it might lead the
  court to question that parent’s ability to provide a safe and stable environment for the child. This
  could result in limited or supervised visitation, or in some cases, a loss of custody.
• **Parenting Plans**: The existence of an order of protection may require adjustments to existing
  parenting plans to ensure the safety of all parties involved.
• **Credibility and Character Assessments**: In family court proceedings, the character and credibility
  of each parent are often central to the case. An order of protection could negatively impact the court’s
  view of the restrained party’s character.
• **Mediation and Co-parenting**: An order of protection can complicate efforts at mediation or
  collaborative co-parenting, as it limits or controls the interaction between the parties.
• **Future Legal Proceedings**: The existence of an order of protection might also be a factor in future
  legal proceedings related to the family, such as modifications of custody or support orders.

It’s important to consult with a legal professional who can provide guidance specific to your situation, as
the impact of an order of protection can vary depending on the details of the case and the jurisdiction.

Starting a new romantic relationship before your divorce is finalized is a personal decision, but it’s
important to consider the legal and emotional implications it might have on your divorce proceedings.

• **Legal Implications**: While dating during the divorce process is not illegal, it can potentially
  complicate the divorce proceedings. For instance, if your spouse alleges that the relationship began
  before the separation, they might claim that you wasted assets of the marriage on this affair. As an
  example, if you went on a trip with this person, or bought them gifts, the Court could order that you
  mis-spent marital money and owe a portion of what you spent back to your ex.
• **Impact on Settlement**: Starting a new relationship can sometimes create additional tension and
  conflict, which might make negotiating a settlement more challenging. Your spouse may become less
  cooperative or more contentious if they are upset about the new relationship.
• **Emotional Considerations**: It’s also important to consider the emotional aspects of starting a new
  relationship before your divorce is finalized. This period can be emotionally challenging, and adding a
  new relationship into the mix might add to the stress for both you and your children, if applicable.
• **Children’s Wellbeing**: If you have children, introducing a new partner can be confusing or
  upsetting for them during an already difficult time. It’s often advised to be cautious about how and
  when you introduce a new partner to your children.
• **Perception and Public Image**: Lastly, consider how a new relationship might be perceived by others,
  including the court. While it shouldn’t directly impact legal proceedings in a no-fault state like
  Arizona, it could still influence perceptions.

Given these considerations, it’s often recommended to wait until the divorce is finalized before starting a
new relationship. However, every situation is unique, and you might want to consult with a legal advisor to
understand how a new relationship could specifically impact your divorce proceedings.

In Arizona, a 401(k) and other retirement accounts accumulated during the marriage are generally considered
community property. This means that any contributions made to a 401(k) during the marriage, along with any
growth on those contributions, are subject to division between both spouses in the event of a divorce. Here
are some key points to consider:

• **Accumulation During Marriage**: Only the portion of the 401(k) that was accumulated during the
  marriage is considered community property. Any contributions made before the marriage or after the date
  of separation are typically regarded as separate property of the contributing spouse.
• **Division of Assets**: The division of a 401(k) in a divorce typically requires a court order known
  as a Qualified Domestic Relations Order (QDRO). This order directs the plan administrator on how to pay
  the non-employee spouse their share of the account.
• **Equitable Distribution**: In Arizona, community property is divided equitably, which generally means
  fairly but not always equally. The court will consider various factors to determine an equitable
  distribution of assets, including the 401(k).
• **Tax Considerations**: It’s important to be aware of potential tax implications when dividing a
  401(k). Withdrawals from the account could be subject to taxes and penalties, depending on the age of
  the account holders and the method of distribution.
• **Negotiation and Settlement**: Spouses can agree on how to divide a 401(k) as part of their divorce
  settlement. Such agreements should be included in the divorce decree and the QDRO.
• **Legal and Financial Advice**: Because dividing retirement assets can be complex, involving specific
  rules and potential tax consequences, it’s advisable to seek legal and financial advice during the
  divorce process.

Remember, the specific circumstances of your divorce and financial situation can significantly impact how a
401(k) and other retirement assets are divided. Consulting with a legal professional for personalized advice
is recommended.

False allegations made to the Department of Child Safety (DCS) can have a significant impact on a family
court case, particularly in matters related to child custody and visitation. Here are some potential
implications:

• **Investigation and Disruption**: When allegations are made to DCS, they are typically followed by an
  investigation. This can be disruptive and stressful for both the children and parents involved. Even if
  the allegations are found to be false, the investigation process itself can impact the family dynamic.
• **Credibility Issues**: If it is determined that the allegations were knowingly false, this can
  negatively impact the credibility of the person who made the allegations. In family court, credibility
  is a crucial factor, and a party’s willingness to make false claims can be viewed unfavorably by the
  judge.
• **Impact on Custody Decisions**: Judges in family court cases prioritize the best interests of the
  child. If one parent is found to have made false allegations against the other, it could influence the
  court’s decisions regarding custody and visitation rights. The court may view the actions as an attempt
  to manipulate the legal system or alienate the child from the other parent.
• **Legal Consequences**: Making false reports to child protection services can have legal consequences
  beyond the family court. Depending on the jurisdiction and the severity of the situation, legal action
  could be taken against the individual who made the false report.
• **Emotional Impact on Children**: False allegations can also have an emotional and psychological
  impact on the children involved. They might feel caught in the middle of a conflict between their
  parents, which can be distressing.
• **Future Proceedings**: A history of making false allegations might be considered in future legal
  proceedings, affecting the outcome of subsequent custody or visitation disputes.

Given these potential impacts, it’s crucial for anyone involved in a family court case to approach such
matters with honesty and integrity. If you’re dealing with false allegations in your case, it’s advisable to
seek legal counsel to navigate the situation effectively and protect your rights and interests.

“In contempt” refers to an act of disobeying or showing disrespect for the rules, authority, or dignity of a
court. In the context of family law or any legal proceeding, being found in contempt of court can have
serious implications. Here are some key points to understand about contempt in a legal context:

• **Types of Contempt**: There are two main types of contempt – civil and criminal. Civil contempt is
  often used to compel a party to comply with a court order, like paying child support or alimony, or
  following custody arrangements. Criminal contempt involves actions that disrespect the court or obstruct
  justice, like failing to appear in court or providing false information.
• **Violation of Court Orders**: A common reason for being held in contempt in family law is the failure
  to comply with court orders. This could include not paying child support, not adhering to visitation
  schedules, or not following through with the division of assets as ordered in a divorce settlement.
• **Consequences of Contempt**: The consequences of being found in contempt can vary depending on the
  severity of the violation and whether it’s civil or criminal contempt. Penalties can include fines,
  attorney fees, compensatory visitation, changes to custody arrangements, and even jail time in more
  severe cases.
• **Purpose of Contempt Proceedings**: In civil cases, the primary goal of contempt proceedings is to
  encourage compliance with court orders rather than to punish the offending party. The idea is to enforce
  the rights of the other party affected by the non-compliance.
• **Legal Process**: To be held in contempt, there must be a legal process. This typically starts with
  one party filing a motion for contempt, alleging that the other party has violated a court order. The
  accused party then has the opportunity to respond and a hearing is usually held to determine if contempt
  has occurred.
• **Right to Defend**: If you are accused of being in contempt, you have the right to defend yourself.
  This can include showing that you were not able to comply with the order or that you did not
  intentionally violate the order.

Being found in contempt of court is a serious matter. It’s important to understand the specific court orders
in your case and to seek legal advice if you’re having trouble complying with them or if you’re facing a
contempt charge.