Family Law 101
Domestic relations practice, or family law, is a very sensitive and nuanced area of law. On a practical level, family law clients are dealing with very strenuous circumstances. Regardless of either sides’ position, divorce is a painful process. Custody arrangements of minor children also requires acute attention to detail and the ability to negotiate with the other party.
In divorce proceedings, any good domestic relations attorney will seek an equitable division of assets and a reasonable outcome for their client. While dividing assets may seem like a simple principle, the actual process is quite complex. For example, before assets may be divided, they must first be accounted for. It is not uncommon for a disgruntled spouse to hide marital assets. This requires an experienced Phoenix family law firm to file the necessary motions and pleadings to compel disclosure of both property and finances. Moreover, division of assets also requires classification of assets. In Arizona, any property or income acquired during the marriage is community property. Each spouse has a 100% interest in community property. When a party initiates divorce proceedings, an injunction is automatically filed which precludes the sale or use of community property or funds. Violation of the injunction by any party to the action will likely result in sanctions.
There is also the issue of custody. In a family law case with minor children, it is necessary to make arrangements for the care and custody of the kids. One consideration is who will be the primary residential parent. The primary residential parent is the parent who the children reside with for the majority of the time. From there, an attorney will assist their client in formulating a parenting plan. A parenting plan is the specific times and dates when a particular parent will be with their minor children. There are various parenting plans that can be configured to maximize time with your children and accommodate your schedule.
It is important to note that Arizona courts are not in the business of separating parents from their children. In making a custody determination, courts consider some of the following factors: 1. The relationship between the parent and the child. 2. The interaction of the child with the parents and the child’s siblings. 3. The mental and physical health of all individuals involved. 4. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. 5. Whether one parent intentionally misled the court and 6. Whether there has been domestic violence or child abuse. None of the above factors are necessarily determinative of how the court will rule. The judge will balance all the factors, giving more weight to some than others. Of paramount importance to all parties involved is the best interests of the children.
It matters who your attorney is. In Arizona, many family law practitioners lack the courtroom experience necessary to mount a successful case. Our firm has 30 years’ experience in the courtroom. When it comes to your family and you future, you shouldn’t settle for anything less than what Blumberg and Associates has to offer.
Guest Blog Written By:
Blumberg & Associates – Bruce E. Blumberg
3600 North 19th Avenue
Phoenix, Arizona 85015
Toll Free: 1-866-465-8797