Family Law

As we work through the issues in your divorce, whether we are in court together or sitting at the negotiation table, we want you to feel our high level of experience and client care. The following issues are among those we often address in our divorce matters:

Child custody: Ideally, child custody and parent-time would be agreed upon between the parents according to the best interests of their children; however custody is often contested. The good news is that disputes regarding child custody can usually be worked out in mediation without lengthy and contentious litigation. In the event custody is contested, EDNFG takes time to understand the needs of your children and to pursue the best possible outcome as aggressively as needed for your case.

Child support: In Arizona, child support is set by statutory guidelines (http://www.utcourts.gov/childsupport/calculator). If disputes arise with child support, it is usually related to determining the income of a self-employed spouse or the "imputed income" of a spouse who is not working or underemployed. We can ensure that a fair amount is calculated for child support.

Alimony: The court can award alimony, or spousal support, in appropriate cases. The amount and duration of alimony is at the discretion of the Court and is based on factors unique to your circumstances, including the financial condition and needs of the recipient spouse, the recipient spouse's earning capacity or ability to earn income, and the ability of the paying spouse to provide support. Alimony is often contested, and whether you are seeking support or will be responsible for paying support, we will give you a candid assessment of your alimony position and seek the best result for your facts.

Property division: Arizona courts use a two-step process to divide property. First, the court decides what is marital property and what is non-marital property. Property acquired during the marriage is presumed to be marital property; however, property brought into the marriage or received by gift or inheritance during the marriage is usually found to be non-marital property. Arizona requires an equitable division of marital property, which in most instances means a 50-50 division. Non-marital property is usually not divided between parties. We have extensive experience resolving disputes in property division, large estates, and division of complex business assets.

Modifications: We represent clients seeking changes to an existing Decree of Divorce and those who are contesting changes. A material and substantial change in circumstances may merit a change in custody, child support, alimony, or other provisions in your Decree. In many modification cases, the losing party is ordered to pay the prevailing party's attorney fees making it essential to get the best possible advice in pursuing or defending against a modification. Most of our modification cases are settled early in mediation. We will review your modification case and advise you on how to get the best result.

Contempt: It may be appropriate to file a contempt action if your ex-spouse if not obeying your Decree of Divorce, or you may find yourself served with a contempt action against you. Contempt actions usually require a court hearing to resolve, and the court can impose judgment against the disobedient party, including paying the prevailing party's attorney's fees, and in certain cases, fines or jail time. We can best advise you on pursuing or defending your contempt action.