Family Law

DE BLANK & TOUSSAINT concentrates much of its practice in the area of Family Law which includes annulment, separation and divorce, child custody and visitation, child support, spousal maintenance, property settlements as well as premarital and domestic partnership agreements. Following are some commonly asked questions about Family Law.

Can I handle it myself?
Some Family Law matters are simple enough that you can handle them yourself, using the Self Service Center at the courts. However, if you have issues relating to custody, spousal maintenance or the division of property that may be contested, then you probably need a lawyer. We will tell you if we think your case is something you can handle yourself.

How much will it cost?
Our legal services are provided on a flat fee, hourly rate or contingency basis depending on the nature and complexity of the case. Most Family Law matters are handled on either an hourly rate or flat fee basis. Our office will endeavor to provide you with the best possible representation for the lowest possible fee. The fees for your particular case will be discussed during your initial consultation.

How long will it take to get my divorce?
How long it takes to get a divorce depends on whether the issues are contested and the extent of the disagreement between parties. Even an uncontested divorce, where both parties agree on how matters should be handled, takes more than 2 months to finalize before the final decree can be signed by a judge. If any of the issues are contested it will take longer. While it is hard to predict exactly how long your particular case may take, we can give you a ballpark idea after we understand exactly what is at issue.

What is community property?
Under Arizona law, all assets acquired during the marriage, except those acquired by gift, inheritance or bequest, are community property, regardless of how title is held. Each spouse owns one-half of all community property. Likewise, most debts incurred by either spouse during the course of the marriage are the responsibility of both spouses.

How is child support calculated?
Child support is calculated using a set of guidelines issued by the Arizona Supreme Court. The calculation is based on many factors including gross income of the parents, child care costs, number of children, children's ages, time each parent spends with the children, and the cost of medical and dental insurance for the children. There is a child support calculator on the Arizona Supreme Court website or we can help you determine the appropriate amount of child support in your case.

Will I be eligible for alimony (spousal support)?
There are many different factors to consider when deciding how much, if any, spousal support may be appropriate in each case. Those factors include the length of the marriage, the age of the spouses, the income of each spouse and the amount of property each spouse will have after the marriage. You will probably have to consult an attorney if you have questions about how much spousal support might be appropriate in your case.

Do I have to go to court to get a divorce?
While it is always necessary to file court documents to have your marriage dissolved in Arizona, you and your spouse may be able to reach an agreement on the issues relating to your dissolution and proceed by agreement without actually having to go to court and appear before a judge. However, it will be necessary to appear before a judge if the parties cannot agree on how the issues relating to the dissolution should be handled. An attorney can help you negotiate a settlement with your spouse or go with you to court if that should become necessary.