Family law is far more expansive than most people realize. The majority of folks think that a Family Law Attorney in Arizona handles divorce, sprinkled in with prenuptial agreement preparation. The scope of a full family lawyer includes many additional areas inside of family law with important skills acquired through training and experience over many years. McMurdie Law & Mediation provides exceptional family law representation, mediation, and professional assistance to families in Tempe, Chandler, Mesa, Gilbert, Apache Junction, San Tan Valley, Scottsdale, Ahwatukee, and the greater Phoenix area.
Types of Cases Handled by a Family Law Attorney
Divorce and Legal Separation
One of the most common issues addressed by family law attorneys is divorce as we said above and that alone is very complex with many changing nuances on which we must stay current. Whether the decision is mutual or contested, a family law attorney should be prepared to help you with your divorce in the way you choose. This includes filing the necessary Petition or Responses in court (which is now all digital), representing you in court which is hybrid virtual and in person, preparing required discovery and disclosure and demanding it from the other party, negotiating the terms of the divorce and finally preparing your final decree and orders. If you and your spouse prefer a less adversarial approach, mediation might be an option for you and in your consultation, you can determine if mediation may be available in your circumstances.
Child Custody and Parenting Time
Child custody disputes can be particularly emotional and challenging. In Arizona, child custody is defined as legal decision-making, which encompasses the authority to make significant decisions about a child’s welfare, including education, healthcare, and religious upbringing. Courts consider various factors to ensure the best interests of the children are prioritized, including the child’s relationship with each parent, the child’s adjustment to home and school, and the mental and physical health of all parties involved. A family law attorney can help you present a compelling case to achieve a favorable custody arrangement and establish fair parenting time schedules.
Child Support
The State of Arizona takes an aggressive stand for children in ensuring that children receive adequate financial support from both parents. In fact, often without an attorney, the obligor-Father can be “underrepresented” and treated as a “deadbeat,” before this is even shown to be the case. Arizona has specific guidelines for calculating child support based on factors such as the income of both parents, the needs of the child, and the amount of time each parent spends with the child. A family law attorney assists in accurately calculating child support payments and may represent you in court to ensure that the support is fair and sufficient for the child’s needs. This can be tricky and it is best to consult with an attorney before finalizing your child support obligation.
Spousal Maintenance (Alimony)
Spousal maintenance, commonly known as alimony, is another area where a family law attorney’s expertise is invaluable. In Arizona, new Guidelines have been instituted and are required in every case where one party seeks spousal maintenance. It is important that your attorney has been trained on the new guidelines to ensure your rights and obligations are completely understood. You can still deviate from the guidelines by agreement, however if there is no agreement, then the Court is charged with applying the Guidelines, unless you have proved a good reason to deviate higher or lower. The length of time (months and years of the award) and the monthly amount are mostly the two issues that folks have to address; and, whether you can modify the award in the future or make it non-modifiable is also very important and should be fully addressed.
Marital Property and Debt Division
Dividing property and debts fairly is an area of family law that fodders much disagreement. People have difficulty dividing the “whole pie of their estate into one-half of the pie” and then expecting both halves of that pie to provide as though it was the whole pie. This is hard for people to adjust to for obvious reasons. Obviously, without good planning, this can be very devastating to people. Arizona is a community property state, meaning that any property acquired during the marriage is jointly owned, unless specifically proven otherwise, and will be divided equally. Often identifying the character of your property is an important part of your case, especially in long marriage where homes and cars are changed over time. A family law attorney can help identify and value assets and debts, negotiate settlements, and ensure that the division is equitable.
Adoption and Step-Parent Adoption
Adoption is a wonderful way to expand your family and provide a loving home for a child. Whether you are looking to adopt a newborn, an older child, or you are a step-parent seeking to adopt your spouse’s child, family law attorneys can guide you through the legal process. This includes preparing, drafting and filing the necessary legal documents to open the case in court, and ensuring that all legal requirements are met and the adoption process is as smooth and joyful as possible for all involved. Before an adoption can take place the legal rights of the biological parents must be first severed and this may be the first hurdle to do before your adoption can be ordered by the court. Experienced family law attorneys are especially helpful in these two-part cases such as termination and adoption.
In Loco Parentis Rights
Today many family members are stepping in to help raise children. While they are doing this, they often develop a close bond with the children in such a way that they begin to require the authority, as though they were the parent, to facilitate proper parenting of the child. At McMurdie Law & Mediation, we have helped the Great Aunt and Uncle gain their in loco parentis rights of the their Grandnephew, an older brother gain in loco parentis to help raise his little brother for whom both parents had passed away, many Grandparents who have raised children to have proper authority for the their Grandchildren when the parents are unable or unwilling to do so, and even a step father who had so bonded with the child that after the divorce, was held by the court to be the parent with in loco parentis rights to raise that Stepchild. This is different than adoption, and can lead if appropriate in the circumstances, to a later adoption. These are precious cases to honor those that are providing the love, care, support and parenting of children in their charge.
Grandparents’ Rights
In certain circumstances, grandparents may seek visitation rights or even custody of their grandchildren. Arizona law recognizes the importance of maintaining strong family bonds and allows grandparents to petition for visitation or custody under specific conditions. A family law attorney can help you understand your rights and represent you in court to ensure that your relationship with your grandchildren is preserved and protected. Arizona holds however that grandparent rights are not parental rights and they limit those rights to visitation only, unless the case requires an order of In Loco Parentis Rights as stated above.
Paternity and Maternity
Establishing paternity or maternity is essential for determining a parent’s rights and responsibilities regarding the child. Whether you are a parent seeking child support or seeking custody or parenting time rights, a family law attorney can guide you through the legal process of establishing paternity, ensuring that fathers’ rights are protected and that children have the opportunity to develop meaningful relationships with both parents.
Domestic Violence and Orders of Protection
Domestic violence is a serious issue that affects many families. If you are a victim of domestic violence, a family law attorney can help you obtain an order of protection to ensure your safety and the safety of your children. Once the order is obtained, often the court consolidate that order in the family court if a divorce or legal separation is filed there. The courts need to know what is going on in the other courts where order of protections are often obtained and so consolidating helps the case.
Prenuptial and Postnuptial Agreements
McMurdie Law & Mediation, a Family Law Attorney in Arizona, prepares and drafts prenuptial and postnuptial agreements for engaged couples and also married couples. We also provide a full review that will require revisions and additions in the drafts to support the rights of the party who did not prepare that document. It is important that both parties have their own attorney to ensure that each party’s rights are brought to the discussion and the document and protected. Sometimes when married couples have financial disputes that threaten their marriage, crafting a well-written postnuptial agreement can save the disputes over money and spending such that it may save the marriage. At McMurdie Law & Mediation, we provide creative solutions for the family law issues to help you achieve your aims in your marriage and home.
Domestic Partner Agreements
Many people today do not wish to be married, and yet they may be involved in a committed monogamous relationship where their actions create ownership in homes, cars, investments, retirements and other assets. Their wishes in how they conduct business within their domestic relationship can be memorialized in a domestic partnership agreement that can later be enforced in civil court as a contract. A couple’s rights should be described and understood by both parties to ensure that both of their financial and other rights are protected.
Post-Decree Enforcement
Several years after divorce, asset that should have been sold and divided have not been. Sometimes the 401(k) has not been properly divided by the required Qualified Domestic Relations Order. Sometimes parents’ roles within the prior parenting plan has changed with a new marriage, additional children or other material changes. All of these changes take place after the Divorce Decree has been granted and if the changes needed are material enough, or the actions that should have been done by one spouse has not been done, you can file with the help of your attorney, a post-decree petition to get those things straightened out. These matters can cost as much as the divorce, and often if it is clearly because of the failure on one of the spouse to follow an order, then attorney fees can be assigned to that spouse. At McMurdie Law & Mediation, a Family Law Attorney in Arizona, we enjoy enforcing order that should have been done and then seeking attorney fees for the failure to follow the order and the cost to enforce.
Why Choose McMurdie Law & Mediation?
At McMurdie Law & Mediation, a Family Law Attorney in Arizona, we pride ourselves on providing personalized, compassionate, and effective legal services. We understand that family law matters are deeply personal and can be emotionally draining. Our goal is to guide you through these challenging times with empathy and professionalism, ensuring that you feel supported every step of the way.
If you’re looking for a Family Law Attorney in Arizona, in Tempe, Chandler, Phoenix, Mesa, Gilbert, Apache Junction, San Tan Valley, Ahwatukee, Scottsdale, or anywhere in Arizona, McMurdie Law & Mediation is here to help you achieve the best possible outcomes for your family. Contact us today to schedule a consultation and take the first step toward resolving your family law issues with confidence.