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Family Law
The Law Office of Carrie M. Wilcox offers assertive, effective representation in your family law case. We represent clients in divorce, annulment, legal separation, paternity, spousal support, orders of protection, child support, property issues, high conflict custody cases and post-decree modifications. We regularly handle emergency matters on short notice and the myriad other family law matters such as grandparent rights and child relocations.

Divorce: Arizona is known as a "no-fault" divorce state. No fault means that in making its determinations, the Arizona family court does not assess blame for the divorce to either party and, therefore, does not punish either party for ending the marriage. No fault also means that, in Arizona, you do not need grounds for a divorce. So long as one party desires a divorce and alleges that the marriage is irretrievably broken with no reasonable prospect of reconciliation, the Arizona court will enter a divorce decree.

Arizona also does not recognize common-law marriages entered in Arizona. Thus, no matter how long the parties have lived together, or even if they have children, the Arizona court will not find a common law marriage. However, if the parties moved to Arizona from a state that recognizes common-law marriage, it may be possible that Arizona will recognize the couple as married. To be valid, the marriage must have met the requirements for a valid common law marriage in the other state.

After filing for divorce, whether or not the parties are able to agree on the issues in the divorce often dictates how long the divorce will take. If the parties are able to reach a full agreement in the beginning, the divorce could be final in as little as ninety (90) days. If the parties are unable to agree, and require the Court's intervention, the process will probably take considerably longer. However, the Arizona courts do offer a procedure called Temporary Orders: rules the court applies to your case that define the relationship between the parties while the divorce is ongoing. Temporary Orders can deal with child custody, parental access to the children, child support, use of the marital residence, payment of debts and spousal support, just to name a few. Temporary Orders are sometimes agreed upon by the parties and sometimes arise from a contested hearing before a judge. Our aggressive attorneys are knowledgeable in divorce issues and courtroom-experienced to handle your case from initial filing to final Decree.

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Annulment: Arizona courts permit a marriage to be annulled if certain requirements are met. An annulment is different than a divorce because an annulment has the legal effect of voiding the marriage. In other words, it is as if the marriage never occurred.

In Arizona, the parties cannot just agree to annul their marriage. The Court must independently make particular findings to allow an annulment. To establish grounds for an annulment, one of the parties must demonstrate to the court that an impediment to the marriage's validity existed at the time of the marriage. This court-awarded annulment is something separate from one that a religious institution might also grant the parties.

Legal Separations: In Arizona, one alternative to divorce is a legal separation. In a legal separation, all the same issues potentially dealt with in a divorce must also be dealt with in the legal separation. The only really difference is that at the end of the legal separation process, you are merely legally separated, not divorced. Without the court's Decree of Legal Separation, physically living apart, for any length of time, does not mean the parties are legally separated. A court action must be filed by one of the parties, just as in a divorce. Thus, if one of the parties has concerns about limiting their exposure for financial actions of the other party, but is unsure that a divorce is really desired, a legal separation may be the solution. Also, if the parties desire to live separately but religious beliefs restrict the parties from seeking a divorce, a legal separation may provide the relief needed. In addition, a legal separation may allow a spouse to remain insured through the other spouse's insurance. The Law Office of Carrie M. Wilcox will be happy to discuss the specific benefits and detriments of legal separations and help you weigh your options.

Paternity: If a child or children are born to parents who are not married to each other, a paternity action is the legal way in Arizona for the court to address issues of child custody, access and support. If a dispute arises as to whether the alleged father is really the child's biological father, the court will order genetic testing. However, even if the parties agree who the father of the child is, in order to establish specific court orders related to the children, a paternity action must be filed.

Spousal Support/Alimony: In Arizona, certain spouses may be entitled to ongoing financial assistance from their former spouse after the divorce. Arizona courts refer to this as spousal maintenance, also commonly referred to as spousal support or alimony. Spousal maintenance can be requested by either party, regardless of gender. Eligibility is based on a number of factors, two of which include the length of the marriage and the ability of the requesting spouse to reasonably support him/herself. Although no required amount or duration of spousal maintenance is provided for in Arizona law, Maricopa County courts have adopted a set of discretionary guidelines to assist both the parties and the Court in determining appropriate spousal maintenance amount and duration. These guidelines, however, are just that. The court, in its sole discretion, may award less or more than the guidelines indicate.

Orders of Protection: Unfortunately, the need for protection from an angry, violent or vindictive spouse or partner can arise. An Order of Protection, while not guaranteeing a person's safety from another, does provide a remedy when another person refuses to respect boundaries. While Orders of Protection are used against spouses, relatives and certain others, Injunctions Against Harassment are used in other cases to provide safety. Our attorneys will discuss your options in detail.

Child Support: Arizona uses the income shares model for child support calculations. In other words, child support is paid based on the relative income earning ability of both parents. This is different from simply ordering a parent to pay a percentage of his/her income to the other parent for child support. For more details on Arizona child support, go to the Arizona Supreme Court at http://www.supreme.state.az.us/azsupreme and click on the link entitled "CourtHelp" near the top of the page. Please note: The Law Office of Carrie M. Wilcox cannot and does not guarantee the accuracy or currency of any information contained in or created through use of the Arizona Supreme Court's website.

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Property Issues: Arizona is a community property state. Community property is anything acquired by the parties during the marriage, except by gift, devise or inheritance to one of the parties alone. If an asset was acquired or accrued during the marriage, the fact that it is titled in one party's name is not particularly important -- its still a community asset owned by both parties. The parties to a marriage may change the nature of an asset, for example via a written agreement, and a court may uphold that agreement. A common example of this occurs when one spouse signs a Quit-Claim Deed to a community home to the other party, often making the home the sole and separate property of the other spouse.

Arizona courts must equitably divide community property in the event of a divorce. Although equitably often means equally, i.e. 50-50, the court can decide that some other proportion is fair in a given circumstance.

Custody Issues: The term custody, when used in reference to children, means different things to different people. Most commonly, people think in terms of legal custody and physical custody. Many people hear misinformation regarding custody and the effects custody designations have on parental rights. In Arizona, legal custody refers to decision- making authority in certain areas. For example, when one parent has sole custody, it normally means the sole custodian has decision-making authority in three areas: major educational, major medical and major religious decisions. A sole custodian will not normally have unfettered decision-making authority in all areas, such as total control over the non-custodial parent's access. Of course, it is possible that a judge will customize an Order to help avoid future problems.

If parents have joint custody, it means that the parents share decisions in the three areas listed above, not that the parents necessarily have equal time with the child. When parents with joint custody cannot reach an agreement, a mediator is often used to help develop a compromise.

Physical custody refers to where a child actually spends time. If a parent is designated primary physical custodian, it means that the child will reside most of the time with that parent. Normally, the primary physical custodian receives child support from the other parent.

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Modifications: For better or worse, circumstances often change following a court's orders. A court order that was appropriate at the time it was first ordered may not address situations that arise later. When parties incomes change, child support or spousal maintenance may need to be adjusted. On occasion, a different primary physical custodian should be designated. And sometimes, sudden, traumatic changes require immediate assertive legal action. In such cases, we are responsive to clients' needs.

Grandparent Rights: Arizona law allows grandparents certain rights. In many cases, the court decides what specific arrangements involving grandparents are best for a particular child. Our attorneys regularly litigate grandparent issues before the Arizona Superior Court and can advise you on your rights, either as a parent or a grandparent.

Child Relocations: When the primary custodial parent moves, the non-custodial parent may object to the move. Arizona statute addresses this frequently encountered issue but the statute cannot address each case's specific set of circumstances. Under certain circumstances a parent may move out of state with the child. Child relocation disputes can become complex as competing factors and interests come into play. Because of this, a contested evidentiary hearing is often needed to determine whether the child can move, future child-access arrangements and which party is responsible for transportation costs.