Arizona Father’s Rights Attorney

Arizona father's rights attorney

In Arizona, fathers' rights in family law are critical and require careful legal handling. Fathers often face unique challenges in custody and paternity cases. At Genesis Family Law and Divorce Lawyers, we specialize in representing fathers. We ensure their rights are protected, and their voices are heard in legal proceedings.

Fathers play an essential role in their children's lives. Recognizing this, our law firm is dedicated to advocating for fathers' rights. We understand the complexities of Arizona family law. Our team works tirelessly to provide fathers with fair and effective legal representation.

Learn more about the father's rights and sole legal decision-making below. Then, give us a call to schedule a free case consultation.

Secure Legal Representation From an Arizona Father's Rights Attorney

Secure legal representation

A. Legal Consultation and Case Evaluation

Our initial consultation involves a thorough evaluation of your case. We listen to your concerns, assess the legal aspects, and outline potential strategies. This stage is critical in understanding your rights and options. We ensure you have all the necessary information to make informed decisions. If you have questions about a family law matter, we can help you.

B. Representation in Court Proceedings

In court, our attorneys fiercely represent fathers' interests. We prepare and present compelling arguments to support your case. Our team is skilled in navigating the courtroom dynamics. We focus on achieving the best possible outcome for you and your children. We have experience with family law matters. We will lean on that experience to help you.

C. Mediation and Alternative Dispute Resolution

We believe in resolving disputes through mediation when possible. This approach can be less stressful and more cost-effective. Our attorneys are skilled in negotiation and mediation. We strive for agreements that benefit all parties, especially the children. We can help you develop the best parenting plan for your child.

D. Assistance With Paternity Establishment

Establishing paternity is often the first step in asserting fathers' rights. We guide clients through the legal process of paternity establishment. This includes filing necessary paperwork and representing you in any related hearings. Establishing paternity is essential for securing your rights as a father. If you want to be the legal parent, you must put your best foot forward. We can help you draft a solid plan to state your case.

Understanding Your Custody Rights as a Father

Fathers have the same rights as mothers in custody matters in Arizona. Understanding these rights is crucial for effective legal representation. Our lawyers ensure fathers are aware of their custody rights. We advocate for fair and equitable custody arrangements.

The best interest of the child is always the primary concern in custody decisions. We help fathers demonstrate their ability to provide a stable and nurturing environment. We aim to ensure that fathers have an active role in their children's lives. We fight for custody arrangements that reflect this. We want to ensure that your child's best interests are put first. This means having both parents involved in your child's life.

Legal Rights of Fathers in Child Custody Cases

Legal rights of fathers in child custody cases

In Arizona, fathers have specific legal rights in child custody cases. These rights are vital for maintaining a meaningful relationship with their children. Our team of attorneys is dedicated to upholding these rights. We ensure that fathers are treated relatively in custody proceedings.

Our approach to representing fathers is rooted in the understanding that both parents have equal importance in their children's lives. We work diligently to ensure that fathers' rights to custody and visitation are recognized and respected. This includes advocating for fathers in negotiations and court proceedings. Our goal is to secure custody arrangements that reflect the children's best interests while respecting the father's role and contributions.

Equal Parenting Time

Arizona law supports equal parenting time when it benefits the child. Our attorneys advocate for equal time for fathers in custody arrangements. This ensures that fathers have ample opportunity to be involved in their children's lives.

Balancing work and parenting responsibilities can be challenging. We work with clients to develop parenting time schedules that fit their lives. Our goal is to create practical and beneficial arrangements for both the father and the child.

Decision-Making Authority

Fathers have the right to participate in significant decisions affecting their children's lives. This includes decisions about education, healthcare, and religion. We help fathers assert this authority in custody agreements.

It's important for fathers to have a say in their children's upbringing. We negotiate custody agreements that include decision-making rights for fathers. Our aim is to ensure that fathers can actively contribute to their children's welfare.

Visitation Rights

Visitation rights allow fathers to maintain a relationship with their children, even if they don't have primary custody. We work to secure reasonable and consistent visitation schedules. This ensures that fathers remain an integral part of their children's lives.

We understand that each family's situation is unique. We tailor visitation and parenting plans to fit individual circumstances. Our focus is on maintaining solid father-child bonds. Reach out to us to learn more about this issue.

Establishing Your Rights in Paternity Cases

In Arizona, establishing paternity is crucial for asserting fathers' rights. Our attorneys guide clients through this process. We ensure your rights are recognized and upheld.

Paternity

Establishing paternity legally recognizes a father's relationship with his child. This is the first step in securing rights like custody and visitation. We assist in filing paternity actions and represent you throughout the process.

Paternity cases can be complex, especially if contested. We provide strong representation to navigate these challenges. Our goal is to establish paternity effectively, opening the door to further rights and responsibilities.

Parenting Time

Once paternity is established, fathers can seek parenting time. We advocate for fair and meaningful parenting schedules. This ensures fathers play an active role in their children's lives.

We understand the importance of a father's presence. Our attorneys work to create parenting time agreements that reflect this. We strive for schedules that are in the best interests of the child and feasible for the father.

Legal Decision-Making

Legal decision-making authority is crucial for fathers. It allows them to participate in important choices about their child's life. We help fathers obtain this right, ensuring they have a say in their child's upbringing.

Involvement in decisions like education and healthcare is essential. We negotiate custody agreements that include these rights. Our aim is for fathers to have an equal role in guiding their children's futures.

Child Support

Fathers also have responsibilities, including child support. We help fathers understand their child support obligations. We ensure these obligations are fair and based on accurate information.

If financial situations change, fathers might need to modify child support. We guide clients through the process of modifying child support orders. We focus on ensuring the arrangements remain fair and in the child's best interest.

Common Legal Issues in Paternity Cases

Common legal issues in paternity cases

Paternity cases can involve various legal issues. Our attorneys are skilled in handling these challenges. We work to resolve problems efficiently and in the father's favor.

Child Custody Disputes

  1. Factors Influencing Custody Decisions: The court considers many factors in custody decisions. These include the child's relationship with each parent, each parent's ability to care for the child, and the child's wishes. We help fathers present a strong case showing their importance in the child's life.
  2. Strategies for Maximizing Parenting Time: We develop strategies to maximize a father's parenting time. This includes demonstrating the father's involvement and stability. We aim to achieve a custody arrangement that allows fathers to maintain strong relationships with their children.

Child Support Matters

  1. Determining Child Support Obligations: Child support calculations are based on both parents' incomes and the child's needs. We ensure that these calculations are fair and accurate. Our attorneys advocate for a child support arrangement that is equitable and sustainable.
  2. Modifying Child Support Orders: Life changes, and sometimes child support orders need adjustments. We assist fathers in petitioning for modifications to child support orders. Our focus is on ensuring that these modifications reflect current financial situations and the child's best interests.

Challenges Fathers Face in Custody Disputes

Fathers often face unique challenges in custody disputes. We are committed to helping fathers overcome these obstacles. Our team works to ensure fathers receive fair treatment in these cases.

Establishing Paternity

Establishing paternity can be a significant hurdle for fathers. We provide comprehensive assistance in this process. Our goal is to establish legal paternity, a critical step in securing custody and visitation rights.

The process involves legal paperwork and possibly DNA testing. We guide fathers through each step, ensuring accuracy and efficiency. We understand the importance of establishing paternity for both fathers and their children.

Denying Parenting Time and Legal Decision-Making

Fathers sometimes face challenges in securing parenting time and decision-making authority. We advocate vigorously for fathers' rights in these areas. Our focus is on reaching agreements that allow fathers to play an active role in their children's lives.

In cases where these rights are denied, we are prepared to take legal action. Our attorneys are experienced in presenting strong cases in court. We fight for fathers' rights to be recognized and respected.

False Allegations

False allegations can severely impact a father's custody case. We take these situations seriously. Our attorneys work to disprove false claims and protect our clients' reputations.

We gather evidence and build a defense against these allegations. We aim to ensure that false claims do not hinder a father's rights. We strive to maintain the integrity of the legal process.

Legal Procedures and Timelines

Understanding legal procedures and timelines is crucial in family law cases. We guide fathers through each step of the legal process. Our team ensures clients are aware of important deadlines and requirements.

Each phase of a child custody or paternity case follows specific legal procedures. We make these processes clear and manageable for our clients. Our attorneys keep clients informed and prepared for each stage of their case.

Contact Our Arizona Fathers' Rights Attorney at Genesis Family Law and Divorce Lawyers

Contact our Arozina father's rights attorney at Genesis Family Law and Divorce Lawyers

There are a lot of issues surrounding the guardianship of a child. Family courts consider child abuse, domestic violence, and numerous other factors. A dispute between the child's mother and an unmarried father can impact child custody matters. This is why you need an experienced attorney in your corner.

At Genesis Family Law and Divorce Lawyers, we respect the rights of fathers. We believe that you should be involved in the life of your child. We will be with you every step of the way. Our goal is to make sure your voice is heard. Reach out to us with any questions you might have.

Contact us today to schedule your initial case consultation.

Arizona Order of Protection Lawyer

Arizona Order of Protection Lawyer

Sometimes a marriage may not result in a healthy relationship, happiness, and joy. The domestic situation may worsen to domestic abuse and violence. Fortunately, legal aid and help from an expert and knowledgeable lawyer and legal firm can help you escape or prevent domestic abuse and live a happy life. The "orders of protection" can be issued by the court of law to ensure that the parties remain within their legal boundaries, do not abuse, or hurt each other, and disputes are resolved to the satisfaction of everybody involved. Specifically, a court-issued "order of protection" will require that a person does (or refrains from doing) certain acts/things in case a crime occurs.

What is an Order of Protection?

There can be various kinds of conflicts in a household, due to which multiple domestic abuse and violence situations may occur. The court of law may have to decide on the kind of help and legal protection/support a spouse (husband or wife) or a family member needs. The orders of protection can be broadly classified into types as described in the brief below.

  1. Full Orders/" Stay Away" Orders: A court of law may decide that the parties involved in the dispute (for instance the husband and wife) stay away from each other. They are also required not to contact each other through mediation or with the help of a third party.
  2. Limited Orders/" Refrain-From" Orders: following this court order, the parties of the case are allowed to contact each other directly or through the help of third parties but cannot indulge in acts (such as stalking, assault, and harassment among others) having a criminal intent and nature.

Arizona Order of Protection Attorneys

You need to know how to identify a case of domestic violence so that you can seek professional help for it at the right time.

Domestic Abuse Attorney in Arizona

Domestic abuse may involve yelling, calling, harassment, intimidation, denial of personal liberty, checking phone call records and numbers, controlling behavior, throwing food or objects, denying the victim contact the friends or family members, and/or taking any such actions that may be a cause of emotional distress to the victim and plaintiff (for instance deprivation of sleep and rationing of food).

Domestic Violence Attorney in Arizona

Domestic violence or family violence occurs when any of the household/family members force you to indulge in any sexual activity, threaten/harms you physically, or cause the fear of such things happening to you. Legally a household or a family member not only includes a spouse but also other people. They may include someone who is your relative, with whom you have a very intimate relationship, or a person you are/were dating. A court of law can issue orders of protection against the household/family members. However, the order of protection is not issued against someone who is not a household/family member when there is no stalking/sexual offense. Orders of protection are also not issued in general cases and disputes. There are other kinds of legal protections and remedies available in such cases.

How to File for an Order of Protection

The petition and case for an order of protection are filed in the court where the aggrieved party/victim specifies that it needs an order of protection. Subsequently, certain legal forms need to be filled in. These forms are available easily at the "Office of the Public Prosecutor" and with the county clerk. We at the reputed Genesis Family Law and Divorce Lawyers legal services firm have access to all such forms and have thorough knowledge in experience in handling the procedures to offer you the best assistance at every step and stage of your legal case. The forms are also available online.

Order of Protection Lawyers in Arizona

The aggrieved party/plaintiff and someone who has suffered from domestic abuse and violence can seek and obtain an "order of protection" immediately. Apart from obtaining an order of protection from the court of law for yourself, you can also obtain it for the elderly, minors, and/or a person with a disability who cannot seek the order themselves. Legal Ordering can be the best safety tool and insurance for anybody who suffers from domestic abuse and/or violence. The order is also called a "restraining order". The judge and the court of law will restrict the abuser and the defendant from carrying out certain acts and/or refrain from doing some. Following the order of protection, the abuser may be required to:

The judge may evaluate the case and the situation and may also take other steps. For instance, the court may require that parental responsibilities be changed if one of the parents of a minor is an abuser. The abuser and the defendant may also be required not to investigate the phone records of the plaintiff and victim.

These restraining orders and the implications of an order of protection can be temporary. The judge may review the situation later to introduce new rulings.

Seeking an Order of Protection Attorney in Arizona?

We at Genesis Family Law and Divorce Lawyers have tremendous experience in cases of family law, divorce, abuse, and violence. An experienced Order of Protection lawyer in Arizona from our team can present your case to the court and the judge in the best way and nullify and render useless the arguments of the abuser. Our expertise, resources, and connections can help produce the best outcome for your case. We have handled thousands of cases of family abuse and violence. Our experience helps us gather the best evidence and alibi that can support your case and bring to you justice and legal aid. We can also save you from unnecessary stress including mental and financial stress. You can depend on us to handle your legal case from the point you place us a call to its very conclusion in your favor.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Arizona Felony Probation Violation Attorney

The state of Arizona classifies probation violation as a serious offence. An individual becomes in violation of the terms of their probation if the stipulations set in their probation meeting are violated. This can include requirements such as drug screening, paying fees of fines, or if a new crime is committed.

The sentence you will face for this offence is dependent on the crime you originally committed unless of course you are arrested on a new charge. Most commonly your probation will be revoked, and you will be required to serve the custodial sentence connected to your offence.

If you are serving more than one probationary term, then you may be sentenced to jail or prison time to be served consecutively for each offence you have been charged with. If you or a loved one has been charged with a probation violation in Arizona you need to hire the Arizona Law Firm that has experience fighting these charges. The best probation violations attorneys we recommend is Canyon State Law.

Canyon State Law in Mesa AZ
1755 S Val Vista Dr Suite 205, Mesa, AZ 85204
(480) 900-2220
https://canyonstatelaw.com/mesa-criminal-defense-lawyer/

Arizona Retirement Plan Division Lawyer

Retirement plans are subject to division through equitable distribution, just as any other marital asset would be. All assets and debts will be divided; bank accounts, time-shares, retirement accounts and even frequent flier miles are subject to distribution. A qualified Arizona family law attorney can help you make sure you get everything you are entitled to.

The first step in dividing a retirement account is to determine how much of the plan is marital property, and thus subject to distribution. Depending on the circumstances, all or a portion of any given retirement plan could be considered separate property. For instance, if the retirement was earned prior to the marriage, it would be considered separate property and therefore not subject to distribution.

After it has been determined that some portion of the plan is marital, the plan will have to be valued. This is easier for some accounts than others. An IRA is easy to value; simply look at the balance on the date of separation. Other accounts, such as non-vested pensions, or a defined benefit plan prove more difficult to value. In more complicated situations valuation may require hiring an expert, like a CPA, to analyze the numbers and come up with a value.

Distribution is the final step – and can also prove tricky when it comes to retirement accounts. Depending on the type of plan you are dividing, there will be certain rules you must follow to avoid taking a tax hit when you divide the account. IRA’s are fairly straightforward, you’ll need to make sure the transaction is structured as a transfer or rollover so that you can avoid the early withdrawal tax. Other plans, may require the use of a Qualified Domestic Relations Order (or QDRO) or other similar vehicle to divide the plan without experiencing a tax penalty.

There are unique rules for each retirement plan, so make sure you know how to divide your retirement plan without triggering a tax event.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Arizona Taxes and Divorce Attorney

It’s tax season — that time of year when millions of Americans struggle through the endless paperwork, stress and strife of preparing tax returns. For those who are contemplating, in the midst of, or just out of a divorce in Arizona, the difficulties of tax season pose an even greater challenge. The stakes are high and the penalties for mistakes are severe, making it critical that you avoid the traps and missteps that plague the world of tax and divorce.

With that in mind, and before you file your return, here are Four Things You Must Know About Divorce and Taxes:

4 Essentials About Divorce and Taxes

1. The Key Difference Between Alimony and Child Support
Alimony (support paid from one spouse to another for the benefit of the receiving spouse), is different from child support (support paid from one spouse to another for the benefit of the child) in several ways, one of which is critical in tax season: alimony is tax deductible by the payer and child support is not.

Similarly, alimony is taxable income to the receiving spouse, while child support is not. When negotiating a divorce settlement, people sometimes (mistakenly) believe that alimony and child support dollars are equivalent, but their disparate tax treatment means they could not be more different.

2. The Tax Impact of Dividing Property
Thanks to §1041 of the Internal Revenue Code, the division of property in a divorce is not a taxable event. There is, however, a potentially huge tax impact hidden within: tax basis. Tax basis is, simply put, the price used to determine the capital gains tax when property is sold (usually the purchase price). While some property (such as cash) carries no capital gain when sold and other property (such as a residence owned by the taxpayer) has an exemption from capital gain up to a given dollar amount, many forms of investment will be hit with a capital gains tax when sold.

So, in a divorce settlement $250,000 worth of Apple stock is not worth the same as a $250,000 marital residence because the stock will be subject to capital gains tax when sold while the residence will not.

3. Understanding Your Filing Status
There are different filing statuses available (depending on certain factors) for those going through divorce: single, married, or head of household. Different statuses (as well as the decision whether to file jointly or separately with a spouse) may yield significantly different tax liabilities.

It is difficult to predict the precise impact of the different filing statuses and options without actually preparing multiple versions of a single year tax return to see which is most advantageous. While preparing multiple versions is an onerous task, it is also an investment of time which may yield hundreds or even thousands of dollars in tax savings.

4. Which of Your Divorce Attorney’s Fees Are Tax Deductible
Unfortunately, most of the fees paid to a divorce attorney are not tax deductible. There is, though, one loophole: §212 of the Internal Revenue Code allows that fees paid to a divorce attorney in the production or collection of gross income are tax deductible. While probably not all, or even most, of the fees you’ve paid will qualify under for this deduction, a knowledgeable divorce attorney in Arizona will help you make sure you receive credit for every tax-deductible dollar you have paid.

Arizona Property Division & Taxes

In Arizona, upon the dissolution of a marriage, all marital property will have to be divided amongst the spouses. The dividing of most assets will not trigger a tax event; the IRS has created a rule allowing for any spouse-to-spouse transfer that takes place incident to divorce to be tax-free. Thus, a lump sum payout from a checking or savings account can be transferred with no tax implications. Vehicles, jewelry, and other personal property can also be transferred tax-free.

Some marital assets, however, automatically trigger tax consequences that can be costly if not handled property. For instance, retirement accounts are specifically designed so that early withdrawals result in a major tax hit. So regardless of the IRS rule about tax-free transfers incident to divorce, if a divorcing spouse withdraws funds from a retirement account to give to his former spouse, he will inevitably face tax consequences.

Retirement accounts need to be handled delicately. In order to avoid tax penalties when transferring an IRA, the spouses must follow the procedure to transfer or rollover the funds to another retirement plan in order to avoid a tax issue. Other retirement accounts are more complicated and require additional steps in order to be tax-free. For qualified employer accounts such as a 401K or a pension, the spouses must obtain a Qualified Domestic Relations Order to ensure the transfer is tax-free.

The transfer of stock options can also be tricky; the IRS treats statutory stock options different from non-statutory stock options. The latter option will result in a capital gain when exercised, while the former will not. Sometimes parties will simply agree to a monetary value that the options will be worth once exercisable, and the non-owning spouse will receive that amount as a lump sum from the other spouse. Another option is to include a provision in the separation agreement or court order expressing that the employee-spouse who owns the options will hold them on behalf of the other spouse until they are exercisable.

Selling the marital residence incident to divorce can also create tax issues. Depending on the circumstances, the parties may be hit with capital gains taxes.

The bottom line is that spouses should be aware that splitting assets can be complicated and costly if not done correctly. In order to make sure neither spouse takes a tax hit, both spouses should consider the tax consequences of any transfer and consult a professional if there are any concerns.

Children and Taxes After a Divorce in Arizona

Unlike alimony payments in Arizona, child support payments are never taxable nor deductible. There are, however, several other tax implications that take effect upon separation that deal with children. Arguably the most important child related tax consideration is the dependency exemption.

The exemption, similar to a tax deduction in operation, reduces a person’s taxable income by a set amount. Parents can either agree who is entitled to take this exemption, or the IRS rules will allow the custodial parent to take the exemption. The custodial parent is the parent who has custody for a greater portion of the calendar year. Whichever parent claims the dependency exemption is also entitled to claim the child tax credit. The tax credit allows a parent to reduce federal income tax by as much as $1,000 per child. The amount of the credit is dependent on the applicable modified adjusted gross income.

For Arizona married couples filing separate returns, the amount of the credit begins to decrease (or phase out) if your income is $55,000, and for divorced parents the threshold is $75,000. The only parent who may claim this tax credit is the parent who also claims the dependency exemption; the two cannot be split. Not all child-related tax credits are tied to the dependency exemption. For instance, the child and dependent care credit, which gives a parent credit for child for a portion of childcare expenses, is not tied to the dependency exemption.

There is also a medical expense deduction applicable to parents who contribute more than 7.5% of their income to their child’s medical expenses, which is not tied to the dependency exemption. A parent may claim either of these, if certain requirements are met, even if they do not claim the child as a dependent.

Alimony and Taxes in Arizona

Alimony is money paid by one spouse to the other spouse, after separation, in order to provide the receiving spouse with support. Alimony is also sometimes referred to as spousal support, financial support, subsistence, upkeep or maintenance. Regardless of which term is used in your court order or separation agreement, the same tax implications will apply.

Alimony is taxable to the spouse who receives the payments. He or she will have to report the alimony payments as earned income, and will be taxed on this money just as if it were a salary or wages. Alternatively, the paying spouse can claim a deduction on alimony payments, so long as certain requirements mandated by the IRS are met.

Should the spouses determine that it is preferable in their situation to avoid the taxable/deductible nature of alimony payments, they may do so by including a provision that states exactly that. For instance, the spouses can simply assert in a separation agreement that the alimony payments are neither taxable nor deductible, and by doing so they are able to avoid the tax implications that would otherwise apply.

There are further rules set forth by the IRS regarding alimony payments in Arizona. For instance if alimony is front-loaded for the first year or two, the paying spouse may be penalized under the alimony recapture rule. Additionally, the IRS has imposed special rules regarding how to treat alimony payments if they are being attributed to pay the mortgage on the marital residence, and there are other considerations regarding alimony trusts.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Arizona Guardianship Attorney

Arizona guardianship attorney

Guardianship is a crucial legal tool in Arizona, providing care and protection for those who can't care for themselves. It applies to minors without parents and adults who can't make decisions due to illness or incapacity. At Genesis Family Law and Divorce Lawyers, we specialize in guardianship cases. We offer legal guidance and support throughout this complex process.

Our team of experienced Arizona guardianship attorneys is here to help. We provide clarity and guidance to those navigating this challenging legal path. We understand that a mental deficiency or an incapacitated adult can create questions about minor guardianship. When it comes to child custody, there could be other interested parties. Who is the legal guardian of the minor child?

Learn more about this issue below, and contact us to schedule an initial case consultation.

Arizona Guardianship Attorneys: Compassionate Advocacy, Proven Expertise

Our team of Arizona guardianship attorneys brings a blend of compassion and expertise to each case. We understand the sensitivity and urgency of guardianship matters. Our lawyers are dedicated to providing our clients and their loved ones with the best possible outcome. We know that you have questions about these issues. Our experts are here to provide answers and legal representation.

With years of experience in Arizona guardianship law, we know how to navigate the complexities of the legal system. We help our clients understand their rights and responsibilities as guardians. Our goal is to make the guardianship process as smooth and stress-free as possible. We can handle issues related to divorce, child support, and child custody. Reach out to our team today to learn more.

Legal Framework for Guardianship in Arizona

Legal framework for guardianship in Arizona

In Arizona, the legal framework for guardianship is detailed and specific. It's outlined in the Arizona Revised Statutes, Title 14, covering Trusts, Estates and Protective Proceedings. This framework sets the standards and procedures for appointing guardians. Our attorneys are well-versed in these laws and can explain how they apply to your situation.

Guardianship laws in Arizona prioritize the best interests of the ward. This is the person needing guardianship. They require a thorough assessment of the potential guardian's ability to care for the ward. Our lawyers guide clients through this assessment, ensuring compliance with legal standards. We would be happy to advocate for you as well.

Primary Forms of Guardianship

Guardianship in Its Entirety

Full guardianship grants a guardian comprehensive control. This guardian is responsible for the ward's personal and financial decisions. This form is expected when the ward cannot make any decisions independently. It includes making healthcare decisions, managing finances, and handling living arrangements.

In full guardianship, the guardian has significant responsibilities. They must always act in the ward's best interests. Our attorneys help clients understand and fulfill these responsibilities. We ensure they're prepared for the full scope of guardianship duties.

Guardianship With Restrictions

Guardianship with restrictions is a less comprehensive form. It limits the guardian's authority to specific areas where the ward needs assistance. This form respects the ward's ability to make some decisions independently.

This form of guardianship is often suitable for wards who retain some decision-making capacity. It allows them to maintain a degree of autonomy. Our attorneys help establish these restricted guardianships. We ensure they're tailored to the unique needs of each ward.

Involved Guardianship

Involved guardianship is dynamic, requiring active participation in the ward's life. The guardian must regularly interact with the ward and stay informed about their needs. This form often applies in cases involving minors or adults with fluctuating capacity.

Our lawyers assist clients in maintaining an effective involved guardianship. We provide guidance on balancing involvement with respect for the ward's autonomy. Our aim is to foster a supportive and caring guardianship relationship. We will make sure you understand these issues.

Key Responsibilities of a Guardian in Arizona

Key responsibilities of a guardian in Arizona

A family member acting as a guardian in Arizona has several responsibilities. The care of the child must come first. Some of the most essential duties include:

If you have the legal authority to care for a child, you also have a lot of responsibilities. We can help you understand these responsibilities. That way, the child gets the love, care, and affection he needs.

Specialized Areas of Arizona Guardianship Law

Guardianship for Minors

  1. Establishing Guardianship for Minors: This involves a court process where the guardian is appointed for a minor. The guardian takes responsibility for the minor's care and decision-making. Our attorneys guide clients through the legal steps to become a guardian, ensuring the child's best interests are the top priority.
  2. Educational and Healthcare Decisions: Guardians make crucial decisions about education and health. They choose schools, oversee educational progress, and make healthcare decisions. Our lawyers help guardians understand these responsibilities and make informed choices.

Adult Guardianship

  1. Decision-Making for Incapacitated Adults: This involves making personal and financial decisions. Some adults can't do so themselves. The guardian steps in to make these critical decisions. Our attorneys ensure these decisions respect the adult's rights and dignity.
  2. Balancing Autonomy and Protection: Our lawyers help guardians balance autonomy and protection. We focus on solutions that respect the adult's preferences and independence. The goal is to do this while ensuring their safety and well-being.

Conservatorship

  1. Managing the Financial Affairs of the Ward: A conservator manages the financial affairs of someone unable to do so themselves. This includes handling assets, paying bills, and making investment decisions. Our attorneys guide conservators in these duties, emphasizing the ward's financial security.
  2. Reporting and Accountability: Conservators must regularly report to the court about their management of the ward's finances. This ensures transparency and accountability. Our lawyers assist in preparing these reports, ensuring they meet legal standards.

Guardianship of Individuals With Special Needs

  1. Navigating the Unique Challenges: Guardianship for individuals with special needs involves understanding their unique challenges. Our attorneys provide specialized guidance to address these specific needs effectively.
  2. Government Benefits and Programs: We help guardians navigate government benefits and programs available for individuals with special needs. This includes understanding eligibility and application processes. We aim to secure the necessary support for the ward's well-being.

Legal Challenges and Disputes

Legal challenges and disputes

Contesting Guardianship

  1. Grounds for Contesting: Individuals can contest guardianship if they believe it's not in the ward's best interests. Common grounds include the guardian's inability to fulfill their duties or a violation of the ward's rights. Our lawyers help clients understand these grounds and provide representation in contests.
  2. Legal Procedures for Challenges: Contesting guardianship involves specific legal procedures. Our attorneys guide clients through this process, from filing objections to representing them in court. We focus on ensuring the ward's best interests are the main consideration.

Resolving Disputes Among Family Members

  1. Mediation and Alternative Dispute Resolution: We often resolve family disputes over guardianship through conciliation. This approach can lead to more amicable resolutions. Our lawyers facilitate these discussions, focusing on finding solutions that everyone agrees on.
  2. Litigation Strategies: We are prepared to go to court when mediation doesn't work. Our attorneys develop litigation strategies to protect our client's interests. We represent them in court, advocating strongly for their position.

Procedures and Conditions To Establish Guardianship of a Child

Establishing guardianship of a child in Arizona is a multi-step process. It requires careful attention to legal details. The first step involves filing a petition in court. This is where the prospective guardian requests to become the child's guardian. Our attorneys at Genesis Family Law and Divorce Lawyers expertly assist clients. We prepare and submit this crucial document. This petition is the foundation of the guardianship case. It sets the tone for the court's evaluation.

The court's evaluation process includes several key factors:

After considering these factors, the court makes a decision. If the court approves the guardianship, it grants legal responsibility to the guardian. We will manage your guardianship petition. We want it to align with legal standards and your child's needs. We aim to make the process as straightforward and successful as possible for our clients. Give our team a call. We would be honored to represent you during this time.

Our Dedicated Attorneys at Genesis Family Law and Divorce Lawyers Can Help Guide You Through the Process

A. Initial Client Consultation

Our initial consultation provides a clear understanding of your guardianship case. We discuss your situation, the ward's needs, and your goals. This helps us tailor our legal strategies to your specific circumstances. Our aim is to provide personalized, practical guidance from the start. Reach out to us for help during this time.

B. Petitioning for Guardianship

Petitioning for guardianship is a critical step. We assist in preparing and filing the petition with the court. Our lawyers ensure it accurately reflects the situation and the ward's best interests. We handle all legal formalities, making the process easier for you. We can produce a written report that ensures your voice is heard.

C. Advocacy for the Ward's Best Interests

Our advocacy focuses on the ward's best interests. We represent your case in court, highlighting why you are the best guardian for the ward. Our lawyers use their expertise to argue effectively for your guardianship. We aim to secure a positive outcome for both you and the ward. We fight for your rights.

D. Compliance With Legal Requirements

Compliance with legal requirements is essential in guardianship cases. We ensure that all court procedures, filings, and reports meet legal standards. Our attention to detail protects your guardianship case from legal pitfalls. We strive for a smooth, compliant legal process.

Schedule an Initial Consultation With Our Arizona Guardianship Attorney at Genesis Family Law and Divorce Lawyers

Schedule and initial consultation with our Arizona guardianship attorney

In the end, guardianship is a complex legal area requiring skilled guidance. Genesis Family Law and Divorce Lawyers are here to help. Our experienced Arizona guardianship attorneys provide the support and expertise you need.

Don't navigate the guardianship process alone. Schedule an initial consultation with us today. We will guide you through every step, ensuring the best possible outcome. Contact us now to start your guardianship journey.

Arizona Postnuptial Agreement Lawyer

A Postnuptial Agreement in Arizona is an agreement between two parties made during their marriage, which decides the terms of their future financial arrangement. This agreement can be used by either or both spouses to decide how they would divide their property if their marriage comes to an end unexpectedly.

Postnuptial agreement has become very popular since it lays down the rules for dealing with each other’s estate. Generally, these agreements are made when one partner wants to ensure that their children get more than the spouse gets after divorce.

What is a Postnuptial Agreement in Arizona?

Postnuptial agreements pose many benefits like providing spousal support, division of property, and family provisions, among others, discussed later in detail. In contrast, a postnuptial agreement in Arizona is an agreement made between two parties who are married to each other. Both parties validly agree on how they would divide their property if their marriage comes to an end unexpectedly.

What Do Postnuptial Agreements Include?

It is essential for postnuptial agreements to be carefully drafted by legal experts, as these agreements generally cover more than what you expect them to, including division of property and division of liabilities; this division could mean that one partner can be left with debt while another gets assets. These include financial support (spousal support), dissolution of the spousal support (alimony), division of retirement benefits like 401(k) or pension benefits, business opportunities, or profit-sharing.

Postnuptial agreement in Arizona encompasses the topics mentioned above and additional protection like free asset protection, equitable distribution of all property acquired after marriage, rules for child custody, and visitation rights, amongst other concerns that both spouses may have to agree on upon or create according to their terms. A Postnuptial Agreement is an excellent way to ensure that your kids get what they deserve if either parent decides to leave them. This is because postnuptial agreements generally govern what happens with children when one spouse leaves so long as the children are not penniless.

What Does a Postnuptial Agreement do?

As stated earlier, a postnuptial agreement controls how money or assets will be distributed between the spouses if they divorce. Even if you are not thinking of getting divorced, these agreements can still help since they protect your family in critical situations like severe illness or death. Suppose one of the parties experiences an accident that could be life-threatening. In that case, a postnuptial agreement gives them rights to protect them from possible bankruptcy by obligating their spouse to continue taking care of them.

Who Should Get a Postnuptial Agreement?

People who want assurance regarding how assets would be shared after the termination of their marriage or even people who have children together should consider using this type of agreement. These people may include unmarried couples, cohabitating couples, same-sex couples/couples who plan on having children, and even divorcing couples who wish to avoid legal hassles and also ensure that their assets are protected in the long run.

Reasons for Using a Postnuptial Agreement

There are countless reasons why someone should consider getting a postnuptial agreement, namely:

  1. Custody / Child Support:

A postnuptial agreement clarifies the decision-making process in the event of a divorce. For example, if both parents are fit to have custody of the children, who decides where the child will live? What sort of visitation schedule will there be? Who gets to decide what religion or educational background the child is raised with? Will each parent contribute financially to their upbringing? How much time will they spend with each parent while growing up? All these decisions can be clarified in your postnup.

  1. Debt Consolidation :

Your debt consolidation may change during a marriage. The perceived need for debt consolidation remains constant; however – you want to pay off your debts. If you want to keep your debts separate in case of divorce, keep them separate during the marriage. However, if you are willing to get joint or family debt together, make sure you clarify who’s responsible for what part of the debt during the marriage.

  1. Taxes :

Your taxes may change after a divorce, so clarify how your taxes will be filed during the marriage to avoid any tax implications on a future breakup.

  1. Language in a Postnuptial Agreement :

If you have children from a previous relationship or expect another child, your postnup must spell out who will take care of those children should the marriage end in death or divorce.

  1. Disagreements :

In the event of a breakup, disagreements over finances and property division can get quite argumentative. A postnup can reduce conflict because there is less of a need for one party to try and convince the other of their rightness regarding various financial issues that may come up. By spelling out your rights and responsibilities, you’re more likely to use the system fairly and amicably without much antagonism (and possible court battles).

  1. Protection from Abusive Spouse :

If you have a history of domestic violence, a postnup provides a set of rules for dealing with future problems and clarifies who gets what should the relationship end due to abuse. Both parties will have equal protection under the law in the event of an abusive spouse, so this is something that can be pretty helpful when it comes to protecting your rights as a parent or spousal unit.

  1. Length of Marriage :

A postnuptial agreement becomes null and void after ten years of marriage unless you both agree to renew it before then – this is beneficial because it prevents either party from tying the other into a lengthy contract against their will if they change their mind.

Who Should Not Get a Postnuptial Agreement?

A postnuptial agreement is not advisable for someone entering into a second or subsequent marriage where children from another relationship will have custody rights unless they want to relinquish these rights in favor of an ex-spouse. Also, people who have been married before and have received alimony in previous divorces may be reluctant to surrender any claim they may have to further financial support if their new spouse dies or they get divorced for anyone considering getting married to sign a postnuptial agreement if you are marrying someone significantly wealthier than yourself.

Reach Out to Us

A postnuptial agreement in Arizona is a pre-nuptial contract that helps both spouses develop a detailed plan on what will happen if their marriage reaches an end. It is a great way to safeguard you and your family from future uncertainties. Since unmarried couples can also use it, it allows them to plan for a possible breakup. This will give them a lot of confidence in their relationship, knowing that they have the right to safeguard their shared property after ending their romantic ties. Contact an experienced Divorce Attorney in AZ to get started. As Genesis Family Law and Divorce Lawyers family law attorneys we have over 30 years of combined experience with these types of postnuptial agreements and we are committed to helping our clients get the best protection possible.


Our team of child support lawyers look forward to helping you when you need it most. With over two decades of aggressive child support representation, we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in MesaChandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Scottsdale, AZ – Office

Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr. Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Arizona Termination of Parental Rights Lawyer

Arizona Divorce Lawyers

Before an adoption can occur, the legal parents’ parental rights must be terminated if they are unable or unwilling to sign a consent for the adoption. Filing Petitions to Terminate Parental Rights is a significant part of our practice. We do this for many different types of cases.

Two common examples are

Common reasons for termination of parental rights (i.e., a severance matter) are abandonment, abuse or neglect, significant substance or alcohol abuse, a significant mental illness that prevents a parent from normal parental duties, or long periods of incarceration for a felony. Pursuant to Arizona law, “Any person… that has a legitimate interest in the welfare of a child…may file a petition for termination of the parent-child relationship alleging grounds continued in subsection B of this section.” A.R.S. §8-533(a).

At least one of the grounds for termination found in A.R.S. §8-533(b) must be proven by clear and convincing evidence. Additionally, the petitioner must also prove that the termination of parental rights is in the best interests of the child, by a preponderance of the evidence. A.R.S. §8-533(B). Proving one of the grounds (for example abandonment) requires very different evidence than what is required to prove that the termination of parental rights is in the child’s best interests. Sometimes what the Mesa AZ court is looking for in the evidence to find that the termination is in the child’s best interest is very different than what the petitioner believes is sufficient to show best interests. Additionally, because judges in Mesa AZ have a lot of discretion in making their findings, it is important to hire a Termination of Parental Rights Attorney in Mesa who is familiar with the local juvenile court judges and what they are looking for in these cases.

These are difficult and highly technical cases, and many of the clients that want to terminate parental rights do not know what evidence would be relevant to such a proceeding. Speaking to an attorney with experience in the termination of parental rights cases prior to filing a severance petition can save you a significant amount of time and expense.


 

At Genesis Family Law and Divorce Lawyers our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Our team of child support lawyers look forward to helping you when you need it most. With over two decades of aggressive child support representation, we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.

Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in MesaChandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Scottsdale, AZ – Office

Our Scottsdale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Scottsdale AZ
7825 E. Gelding Dr. Suite 102
Scottsdale, AZ 85260
(480) 581-1650
https://familylawattorneymesaaz.net/scottsdale

Arizona Name Change Lawyer

At Genesis Family Law and Divorce Lawyers, we know that one of the things that comes up after a divorce is a name change. You don’t want to carry the name of a past relationship into the future. An Arizona divorce attorney will explain to you what a name change means and what goes into the process.

Those who seek name changes are usually, but not always, women who are newly divorced. There are numerous reasons why one might wish to change their name, however, it is common for us to meet with women wishing to revert to their old names after divorce.

Usually, an Arizona divorce attorney will help with the process of changing your name. They are experts in these kinds of things and can help when seeking a name change before or after the divorce.

DIVORCE: WHAT HAPPENS TO YOUR NAME AFTER YOUR SUCCESSFUL DIVORCE

There is some information you should understand before you request a name change :

  • You can seek a name change as part of the process of divorce only if you want to use the old name you used before marriage.
  • Perhaps you did not change your name during a divorce. You can change it later in your county court when you have completed the divorce. The process will be determined by this court and it might differ from other county courts. That’s why it is advisable you see an Arizona divorce attorney who will give you the details of the process in your county.
  • Perhaps you want a different name from the one you used before marriage. The court in your locality will help you with the process.
  • Changing your children’s names after a divorce requires the consent of the other parent. The process is treated separately from the divorce process. Usually, the court in your locality will use the same system it uses in dealing with issues concerning children in divorce. The court will always have the best interests of children in mind. It is very likely that the court will turn your request down if the other parent has an existing relationship with the children.
  • Your choices are broader if you have been divorced before. You can choose the old spouse’s name, your parent’s name, or you can maintain your current name.
  • Changing your name doesn’t exempt you from certain duties like paying your debt or being prosecuted for any crimes that you may have committed.
  • It’s your soon-to-be-ex or ex’s choice to change her or his name. You cannot force them.
  • Unless you make an effort to change them, your name on documents will remain the same. After changing your name because of a divorce, the name you have on your certificates, will, driver’s license, etc. will be the same and will not be changed automatically.

Changing your name after a divorce can be difficult if you don’t know how to go about it. An Arizona divorce attorney can help you make the process as swift and stress-free as possible.

Here are some examples of situations that can lead to a name change:

After marriage

You are not expected to do anything to change your name after marriage. There is no need to see a divorce attorney and there is no need to visit an adult court in your locality. All you have to do is to request a license for marriage; ensure you have done this before the actual marriage.

Typically, and depending on your locality, you don’t need to wait before you get a license. You will need to pay certain fees for the filing of the marriage license and each partner must each be above 18 years of age.

Name change after divorce

This is where some effort is required. Most people would like to change their name after a divorce. Changing your name cannot be easily done on your own. You will likely need the service of an Arizona divorce attorney.

If you wish to go back to your old name, it is wise to contact an attorney early. The best option is to file the case together with the divorce decree. If you want an entirely new name, a name you have never used before, you will need to follow a different approach that is unrelated to divorce.

There are two forms that respond to divorce issues. They are the Response to the Petition for Dissolution of Marriage and the Petition for Dissolution of Marriage forms. These forms have sections where those involved in divorce issues can file for a name change, especially if they are returning to old names.

When the divorce process has ended and the two parties have been separated by the law, you can still seek a name change. An Arizona family law attorney will help guide you through the process.

Changing your name as an adult

If you are looking to change your name legally after you have turned 18 and you are not married and haven’t been divorced before, changing your name at this stage is pretty easy.

You will visit the court clerk in your area and ask for a name change. The clerk will hand you a Name Change Form and other forms that are applicable. You will fill them out, providing information such as your name, your address, your date of birth, etc. and submit the form.

The second document, the Order Changing the Name, will serve as a tool for you in case you want to carry a birth certificate around with your new name on it. A judicial officer will put a signature on it and thus signify that you can hold another or brand new birth certificate in your community.

Reach out to Us

Contact us today at Genesis Family Law and Divorce Lawyers if you are looking for an experienced team of divorce attorneys in Arizona who will fight for you and protect your rights. We have over 30 years of experience as Arizona family lawyers and have helped hundreds of individuals successfully change their names.

Feel free to reach out to our team of highly skilled family law attorneys so we can schedule a consultation. We know every case is unique and we will take the time to talk about your specific circumstances and find what works best for you. Give us a call today.


Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Arizona Temporary Orders Lawyer

Lawyers of Genesis Family Law and Divorce Lawyers in Scottsdale AZ

The Arizona family law courts can be a long and tedious process sometimes spanning months or even years. Not everyone has the time and patience to wait for a hearing before figuring out important legal matters that can affect day-to-day life. Every once in a while, it becomes necessary to assign court orders when it comes to things such as child custody, child support, division of property, etc. before going to trial. Here at Genesis Family Law and Divorce Lawyers, we work with judges in Arizona to help families and individuals set temporary orders from the court in order to handle immediate concerns that can later be adjusted during the actual court proceedings. Here are some common questions families and individuals have when contemplating temporary orders: