Family Law Matters
Family Lawyers You Can Trust in Tucson, AZ
Even a minor family dispute or legal issue can take a major toll on family relationships. At Gary B. Kraft, Family Law, we try to find the most efficient, effective solutions to family legal matters without causing additional stress or turmoil. We have extensive experience navigating even the most complex family issues in and out of court.
Our team will meet you where you are and help you explore all possible solutions from a place of compassion, experience, and flexibility. We offer competitive pricing and do everything we can to solve family legal issues efficiently to minimize financial and emotional strain on all parties. Call us now and we’ll meet you in person, over the phone, or via Zoom to discuss your needs and goals.
We Can Help You Navigate:
Legal Decision Making
In Arizona, what has traditionally been called child custody or visitation has been divided into two parts: (1) legal decision making; and (2) parenting time. A child’s residential schedule and other parental rights and responsibilities are typically addressed in a court order called a “Parenting Plan.” The parenting plan can be the product of negotiation and agreement between the parents or, if no agreement can be reached, the Court will order a plan based on the best interests of the child.
Legal decision making refers to the authority to make major decisions about the child’s education, healthcare, religion, and personal care. If a parent is awarded “sole legal decision making,” that parent has the authority to make all major decisions about the child. With “joint legal decision making,” both parents share decision-making authority and must collaborate.
Arizona law encourages frequent and meaningful contact with both parents. While 50/50 custody is not guaranteed, it is common when both parents are deemed fit and capable. The Parenting Plan will describe the parenting time schedule for each parent. The parenting time schedule options are virtually unlimited, but some typical 50/50 parenting time arrangements include:
- Alternating Weeks: the child will spend one week with one parent then the
following week with the other parent. - 2-2-3 Schedule: the child spends two days with one parent, then two days with the other parent, followed by three days with the first parent. The pattern then
repeats, but with the parenting time reversed between the parents, ensuring that the parents have equal time with the child over a two-week cycle. - 3-4-4-3 Schedule: the child spends three days with one parent, then four days with the other, followed by another four days with the first parent, and concludes
with three days with the second parent. The pattern repeats every two weeks. - 2-Day Alternating Blocks: the child alternates between the parents every two
days.
- Alternating Weeks: the child will spend one week with one parent then the
These are only examples of 50/50 parenting time schedules and there are others, including schedules for unequal parenting time, that may work best for your family.
To further explore the parenting time options, you can review Planning for Parenting Time: Arizona’s Guide for Parents Living Apart, which is available at: https://www.sc.pima.gov/media/x3xb4i1r/parenting_time_guidelines.pdf .
Paternity
We assist biological fathers in establishing legal rights to their children, including the rights to Legal Decision Making and Parenting Time. We assist mothers in establishing paternity of their child and securing the support needed to raise the child. As in divorce proceedings, paternity proceedings will include determinations of legal decision making, parenting time, and child support for the child.
Child Support
Child support is a monthly amount that the court orders one parent to pay to the other parent in order to help with the costs of supporting their child. Child support can be an issue in a variety of family law circumstances, such as divorce, paternity, relocation, and parenting plan modifications. We can assist you with initially establishing child support, modifying an existing child support order, and enforcing child support obligations. Arizona has well-established laws regarding child support. Support is calculated under a statutory formula using both parents’ income, the parenting time each parent has with the child, insurance costs, and childcare costs. To estimate the amount of support that would apply in your case, you can use the Arizona Child Support Calculator available on the Pima County Superior Court website.
Spousal Maintenance *Alimony"
In a dissolution of marriage (divorce) or legal separation, one party may request that the court order the other party to pay spousal maintenance. This is financial support paid by one party to the other party. The duration of a maintenance award is based on the length of the marriage. The amount of spousal maintenance is calculated from many factors. These factors include family size, income, mortgage payments, and expenses.
If spousal maintenance is awarded, the court will typically calculate the amount of spousal maintenance first and then will include the spousal maintenance award as income to the receiving spouse when calculating child support. To estimate the amount range of spousal maintenance that may apply in your case, you can use the Arizona Spousal Maintenance Calculator available on the Pima County Superior Court website.
Prenuptial Agreements
Property Division
One of the primary objectives of divorce is to value and divide property. Property includes not only assets, but also debts and other liabilities. Arizona is a community property state and state law requires that the court divide the community property “equitably” between the spouses unless there is a premarital agreement or a mutual agreement to divide the property otherwise. Community property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title. Examples include income earned by either spouse during the marriage; property purchased with community funds; retirement benefits, pensions or 401(k) balances accrued during the marriage; and business interests.
In Arizona, a spouse’s separate property is generally not subject to division and remains the sole property of the spouse who owns the property. However, the spouse claiming property is separate has the burden to prove that the asset is properly characterized as separate property. Determining and protecting separate property can be a complex process as it often requires clear documentation and may involve disputes about commingling or appreciation during the marriage. Separate property can include: property owned before the marriage; gifts or inheritances; property acquired after legal separation or service of the divorce petition; and any income or profits generated by the separate property.
Debts are divided under the same community property rules that apply to assets. This means that debts incurred during the marriage are generally considered community debts and are divided equally between the spouses, regardless of whose name is on the account or loan. Also, like assets, debts can be separate property. Student loans incurred before marriage are a typical example of a separate debt. It is important to note that the division of debt in divorce proceedings does not change the agreement with the lender. Thus, even if the Corut assign debt to one spouse, the creditor can still pursue both spouses if the debt is unpaid and is jointly held. And although Arizona is a no-fault divorce state, if one spouse has racked up debt for non-marital purposes (e.g., secretive gambling or an affair), the Court may assign that debt to the spending spouse.
Post-Decree Modifications
Circumstances change and Arizona law accommodates the modification of orders for Legal Decision Making, Parenting Time, Child Support, and Spousal Maintenance. We can help you evaluate your options and guide you through the modification process.
Schedule A Consultation with Our Family Lawyers
Our team can help you understand the types of family law issues that require an attorney or might need to be handled in court. We’re happy to answer any questions you have and offer solutions and advice as well as legal representation.
Schedule a Consultation with Our Family Lawyers
Call us now or fill out our online contact form to schedule a consultation with our family lawyers in Tucson, AZ. Our team will take the time to fully understand your situation, including your concerns, needs, goals, and challenges.
We will formulate a legal plan that helps you find solutions and overcome obstacles while minimizing stress and strain on you and your family. Our goal is to work efficiently to find unique solutions to unique problems and tailor a legal plan to your specific needs.
