ELLSWORTH FAMILY LAW, P.C.
FAMILY LAW SPECIALISTS*
Our Practice Areas
Divorce
There are 9 community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Alaska is an opt-in community property state that gives both parties the option to make their property community property at the time they are married. In these states, everything acquired during the marriage is presumed to be the property of the marital community and during a divorce will be divided equitably between the parties.
Mediation
Mediation is an alternative dispute resolution forum that allows parties to avoid the nerves and unpredictability of going to court. At mediation, both parties are present with a mediator. The parties’ attorneys are also present if they are being represented by an attorney. Usually, the mediator will place both parties in separate rooms and go between each room communicating and guiding the parties towards reaching a settlement.
How Do I Get Started?
Because every case is unique, you should speak with one of our firm’s attorneys regarding the facts and issues involved in your particular case. The best way to proceed is to contact our office and schedule an initial consultation with one of our attorneys.
The cost of the initial consultation is $300.00 and lasts for approximately one hour. During the initial consultation, the attorney will be able to review any Court documents you have filed or received and will be able to answer your questions regarding your options, fees, and an appropriate strategy.
We look forward to having an opportunity to assist you in your family law case.
SPOUSAL MAINTENANCE
This is commonly known as “alimony”. The amount paid to the spouse who makes the least will vary based on income, years married and other factors. The attorneys can help with calculations that can be discussed with both parties. If this amount cannot be agreed upon between the parties out of court, the judge will ultimately decide the amount, who gets paid and for how long. Come in and get all your questions asked from one of our excellent attorneys.
PRENUPTIAL AGREEMENTS
Premarital agreements can afford a person protection and peace of mind before entering a marriage. Arizona is a community property state, which makes a prenup important if a person wishes to protect their assets and/or obligations coming into the marriage. In a community property state, any assets gained during the marriage is the property of the marital community, unless that person brought the asset into the marriage and/or inherits the asset without co-mingling either type of asset. Community property is divided by the courts equally between the spouses at the time of divorce. Additionally, spouses may lay claim to the increase in the value of assets (such as a business, real estate, investment accounts, etc.) even if those assets were brought into the marriage as sole and separate property.
LEGAL NAME CHANGE
In Arizona, changing your legal name can be fairly simple. You must be able to prove to the court your identity and that your reasoning for changing your name is not to avoid any criminal charges/convictions, and is not for the purpose of defrauding creditors or another person. A.R.S. § 12-601. You must appear in court and state under penalty of perjury the reasoning for changing your name. The judge may ask you a series of questions and then will either enter an order approving the name change or deny it for reasons the judge will state in the order.
POST DIVORCE MODIFICATIONS
These items typically include child support modification, spousal maintenance modification. And modification of custody-related orders such as parenting time and legal decision making. Usually the court requires you to wait at least one year before any changes can be requested for custody issues and these matters usually require a court hearing for the judge to see evidence before deciding whether modification of the original order is appropriate. If you have further questions, come in and meet with one of our attorneys.
GRANDPARENTS RIGHTS
When both parents are unable to care for their children, you might assume the best option would be to have the grandparents fill that role. While, this is not an “automatic” process in any way, there are some options for caring grandparents wishing to fill this role. They can take steps to have a say in their grandchild’s future under the right circumstances. Feel free to schedule a consultation with one of our attorneys to get your questions answered.
TERMINATION OF PARENTAL RIGHTS
Parental rights are sometimes necessary to be terminated for the best interest of the child. This might be because the parent is abusive, absentee or is unwilling to take care of their child. Most of the time, such a termination takes place in anticipation of an immediate, subsequent adoption. There are specific requirements that must be met, and the process must go before a judge in order to accomplish this. Sometimes, after a divorce one parent may no longer be willing to fulfill their parental duties. If the other parent has re-married and their current spouse wishes to adopt the stepchild, this is a reason to pursue a termination. Feel free to book a consultation with one of our knowledgeable attorneys to get your questions answered.
CHILD CUSTODY
Before 2012, in Arizona sole or joint custody referred to which parent had physical access to the child(ren) and who could make major decisions concerning the child(ren). Sole meant that one parent had the authority to make major decisions while the other parent was allowed “visitation” or a scheduled time with the child(ren). This was customary across the United States. However, in 2012, the Arizona Legislature passed Senate Bill 1127, which overhauled the language when dealing with custody. The bill changed the words “custody and visitation” into “legal decision-making and parenting time.”
PATERNITY
In Arizona, if a woman is married when she becomes pregnant, it is presumed that her husband is the father of the unborn child. A.R.S. § 25-814. However, the presumed father does not have any rights regarding the child until the child is born and paternity is established. A man who is not the pregnant woman’s husband can establish paternity by signing an acknowledgment of paternity with the written consent of the presumed father (husband) or a genetic test that affirms at least a 95% probability of paternity. A.R.S. § 25-814.
ADOPTION
In Arizona, only a child or a foreign-born person who is younger than 21 years of age can be adopted. The person to be adopted also must be present within the State of Arizona at the time the petition to adopt is filed and cannot be an illegal alien. A.R.S. § 8-102.
RELOCATION
Moving when you share joint legal decision-making and/or parenting time can be quite difficult. In Arizona, parents who share custody of their child(ren) have to follow the provisions found in A.R.S. § 25-408 before they can either move out of state or move more than 100 miles within the state. The first important action a parent wishing to move must take is giving the nonmoving parent written notice of the intention to move at least 45 days in advance. This notice must be given through certified mail, return receipt requested or pursuant to the Arizona Rules of Family Law Procedure. A.R.S. § 25-408(B).
VISITATION
In Arizona, parenting time is having physical access to the child(ren). Before the law changed in 2012, courts would decide which parent would be deemed the primary custodial parent and the other parent would be awarded visitation privileges. Arizona then changed the terminology to “parenting time” and courts now award parenting time to the parents through a parenting time schedule congruent with the best interests of the child(ren).
APPEALS
One of the services we offer at Ellsworth Family Law, P.C., is representing clients during an appeal of a family law case. We have represented clients in appeals of divorce, child support modification, parenting time, etc. Appealing a case can be tricky and is also not always guaranteed. We recommend scheduling a consultation with one of our attorneys to go over your case with you and discuss whether appealing your case is beneficial.
LEGAL SEPARATION
In Arizona, a legal separation can be a strategic way to protect your assets without getting an actual divorce. A legal separation terminates the marital community just as if the parties had sought after a divorce. During the proceedings, the court looks at all of the community property/debt and equally divides it between the husband and wife. However, for all legal purposes, the marital community remains and the couple is still husband and wife.
AUTO ACCIDENTS
The results of being involved in an auto accident can be stressful, frustrating and painful. The at-fault driver’s insurance company can be especially difficult to deal with. The insurance company will make you feel greedy, worthless, and will hassle you in attempts to accept a check for a low amount of money. You should never accept any money from the insurance company until you have at least consulted with an accident attorney. Acceptance of any kind of payment may bar you from collecting anything further even if your damages exceed what the original payment was.
PERSONAL INJURY
Injuries sustained at the fault of someone else can be physically, emotionally and mentally scarring. On top of physical injuries, you have to deal with the possible embarrassment and emotional issues that come with the recovery process. Insurance companies and claim handling organizations will begin to hound you in an attempt to scare you into settling your claims before fully knowing the extent of your injuries.
Document Prep
Some people do not need or cannot afford to have a lawyer handle every aspect of their case. Since we are a full service law firm, we offer legal document preparation services along with knowledgeable paralegals to help answer your questions. We can draft your divorce papers, custody agreements, custody petitions, decrees, property settlement agreements, or any other family law paperwork you might need. We are happy to offer free consultations with one of our paralegals to get you started!