William D. Bishop is a certified family law specialist by State Bar of Arizona Board of Legal Specialization, and the former Chairperson of the Maricopa County Bar Association Family Law Section. To contact him, please visit www.bishoplawoffice.com. or www.bishoplawoffice.com/Bio/WilliamBishop.asp.
The term, family law, encompasses a wide array of legal procedures concerning matters of divorce, child support, child custody, and visitation. It is a vast field of practice that governs the decisions of the courts pertaining to issues such as parenting rights, grandparents’ rights, divorce mediation, property division, alimony, domestic violence charges, and premarital and post-marital agreements. The term, family law attorneys, refers individuals specializing in the stated practice areas of family law.
An Insight To The Divorce Process
For clients seeking divorce, a prerequisite is to file all the required papers in court pertaining to summons, petition for marriage termination, and preliminary injunction. Family law attorneys help such clients understand the nitty-gritty associated with court proceedings, pertaining to divorce. They act as mediators drafting and filing all documents, in court, on behalf of their clients. They also work toward the attainment of a stipulated consent decree wherein a couple amicably consents to terms related to
• division of marital property,
• spousal maintenance,
• parenting issues, and
• Debt issues.
This is one way for a client to avoid court trials by agreeing to an out-of-court settlement with the mediation of an attorney.
However, if a client is not able to reach an agreement with the spouse or other party, he must prepare for a court trial. Family law attorneys are well versed with the court procedures and programs applicable to contested divorce trials. Such court programs may include conciliation services, parenting conferences, and financial settlement conferences.
An Insight To The Laws Concerning Child Custody And Support
Family law attorneys are an insight to the legal procedures governing matters like:
• the custody options available in the form of sole custody, joint physical custody, and joint legal custody
• relocation with child
• parenting time
• medical insurance needs of a child
• dental insurance needs of a child
• education needs of a child
An Insight To The Laws Governing Division Of Property
For a client seeking divorce, the body of family law considers property division on the basis of community property, community debts, separate property, and separate debts. Usually, community property and debts find equal division between both the partners. It may seem a daunting task trying to figure out the properties, assets, and debts in the form of a house, bank accounts, pension accounts, household items, loans, and stocks. A better decision would be to seek the services of a certified attorney experienced in defining the division of property beyond the world of divorce.
Laws Governing Spousal Maintenance
The Arizona Revised Statute Section 25-319 comprises laws pertaining to spousal maintenance, which decide whether or not the spouse is entitled to long-term financial support from the client. These laws consider factors like:
• whether a client is economically stable in order to meet the financial needs of the spouse,
• whether a client is presently employed or not,
• how much is the client’s contribution to the family expenses,
• how much is the client’s contribution to the child’s education,
• the tenure of marriage, and
• the living standards during marriage tenure
Corresponding to all family problems, there exist an equally good number of solutions better known to family law attorneys.
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