FAQ's on Family and Divorce Lawyers in Bullhead City, Lake Havasu City, and Kingman, AZ

Q: What is joint custody?

A: Joint custody can mean either joint legal custody or joint physical custody. Joint legal custody means that both parents share in the legal decisions for the child(ren). Joint physical custody means that the physical residence of the child(ren) is shared by both parents. The Court will order joint custody only if both parents agree in writing and the Court finds it in the best interest of the child(ren). Joint custody will not be awarded if there is shown a history of significant domestic violence.

Q: If we don't agree on custody, what happens then?

A: The Court will take into account many of the factors including where the child(ren) have been living, the child's wishes and the mental health of the parents, and make a decision based on the "best interests of the child(ren)." The Court may also seek the advice from other relevant professionals.

Q: My ex-spouse has custody of our child(ren) and refuses to allow my Court ordered visitation. What can I do?

A: You can request a hearing to enforce your ordered visitation. In some instances you may be entitled to missed visitation with your child(ren), ordered counseling and possibly even attorneys fees for the enforcement of the Court ordered visitation.

Q: How does domestic violence or drug/alcohol abuse affect Custody?

A: Domestic violence is viewed as contrary to the best interests of the child. The parent who has committed the acts of domestic violence has the sole burden of proving that his/her contact with the child(ren) will in no way endanger the child. Also, any conviction of any drug offense or certain alcohol-related driving offenses within 12 months of a custody request will create a presumption that the custody should be awarded to the spouse in the best interests of the child(ren).

Q: I want to move with my child, what do I have to do?

A: Typically, if both parents live in Arizona, the spouse changing residences must give advance written notice if the relocation is further than 100 miles from the other parent. The non-moving parent has the right to request a hearing to stop the move. A parent who has joint legal and joint physical custody, who is required to relocate in less than 60 days after written notice, may ONLY do so if both parents agree or a Court order is issued.

Spousal Support FAQs

Q: Does Arizona have Alimony?

A: Yes. Alimony or spousal support may be awarded to either spouse for their support after the divorce. Alimony payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle. The lifestyle can not remain the same due to the paying spouse typically having to maintain two households for a period of time. Since a majority of spouses both work rewarding alimony is not extremely common although it does exist. Most of the time alimony is rewarded for a short period of time just to help the receiving spouse get on his or her feet again.

Q: How is Alimony awarded?

A: There are several factors to be considered based upon the current laws:

- The advantages and disadvantages of lump-sum settlement.

- The amount of such payment and the method it will be paid (cash, property).

- Will it be paid in installments?

- Conditions attached to paying and receiving (disability, death, remarriage, cohabitation).

- Terms arranged to provide enforcement measures. Tax effects of proposed arrangements.

- The effects of will and inheritances.

Q: What if I or my former spouse remarries?

A: Unless each spouse agrees, in writing, that the alimony will continue after the party remarries, the support will end. Remarriage of the paying spouse will not terminate his or her obligations of support.

Q: What if my spouse quits working to stop his or her support?

A: A former spouse cannot terminate his or her support by simply "quitting" their job. The court has the discretion to attribute an income to a spouse who voluntarily quits working or reduces his or her income.

Q: What are the risks involved?

A: There is always some risk involved with actually getting all of the court ordered payments. The factors that often lead to these risks are:

- Additional expenses from new marriage or new family.

- Cohabitation.

- Incapacitation through illness.

- Payment withheld as punishment, due to another order violation.

- Refusal to pay.

Divorce FAQs

Q: Do I have to live in Arizona to get divorced there?

A: One of the parties involved needs to be a resident of the State of Arizona for at least 90 days prior to filing for divorce.

Q: How long will it take to get divorced?

A: It varies with each individual case. The simplest case is based on if the divorce is by Default (where the other party does not respond). Default divorces take about 75 days. If the case is by Stipulation (where both parties agree on all terms), the proceedings can take only about 65 days. But if the divorce is Contested (where one party disagrees with the other), it can take several months or more.

Q: Do I have to go to Court?

A: If it is a Default divorce, only the party who filed the divorce papers (the Petitioner) will have to go to court for a quick hearing. If it is by Stipulation, usually neither party will need to appear in Court. A Contested divorce, if it remains Contested and the parties cannot mutually agree, the divorce will end up in the Court.

Q: What if my spouse doesn't want to give me a divorce?

A: Arizona is a "no fault" state. The requirement for divorcing is that the marriage is irretrievably broken. The person filing for divorce will generally have to take a few additional steps if the other party contests the divorce, but will eventually get a divorce. Over 80% of all divorces in Arizona are not contested.

Q: What is a "process server"?

A: A process server is an Officer of the Court, licensed by the Superior Court of Arizona. He or she delivers (serves) the legal documents to the party being served with the divorce papers (the Respondent). The process server then files a "proof of service" with the court, certifying that the other party has received the divorce papers and been properly noticed. This method insures the proper notification of the Respondent, and does not require cooperation or signature of the Respondent

Q: Do I need an attorney?

A: Arizona law allows for participants in civil cases, such as divorce, to represent themselves. In Arizona, only 10% of all cases are represented by legal counsel.

Q: Can your law firm help me with a divorce in a different state?

A: Yes, we can assist you in Arizona, Nevada and California.

Q: What about our debts?

A: Debt incurred during a marriage is presumed to be community debt. The Court generally divides the debt equally between the parties. Any debt incurred by a spouse before the marriage remains the separate debt of that spouse.

Suggestions about divorce, custody or other family law problems.

The first step is to contact our office at 888-501-6964. You will be asked to fill out a domestic relations questionnaire, including a child support work sheet, if you have children, so that we can provide the necessary information to assist in the preparation of your case. Once we obtain the information, we will file and serve the divorce petition. If you can persuade your spouse to accept service of the divorce papers, this will reduce your out-of-pocket costs on the case. It usually takes approximately two weeks to file and serve the divorce papers from the date of retention.

We represent clients in domestic relations cases on an hourly fee basis. We require an advance fee (which may be nonrefundable in whole or in part) and you will receive periodic billings throughout the course of the representation, concerning the status of your retainer, and any billings after the retainer is exhausted. Your final bill cannot be predicted, because it depends in part upon how your spouse, and your spouse's attorney, handle the defense of the case. However, every reasonable effort will be made to conserve attorney's fees and costs on your behalf.

At the inception of representation, a decision will be made as to whether to seek temporary orders in your case, which are also sometimes called pendente lite orders. If you need temporary spousal maintenance, temporary child support, temporary possession of your residence, or temporary access to community funds, it may be necessary to seek these orders. Generally, it takes one to two months for the hearing on temporary orders to occur. It will also add attorney's fees to your case and, therefore, if these issues can be worked out without formal proceedings, it may be in your best interests. We will discuss with you, at an appropriate time, whether seeking temporary order(s) is in your best interests.

There are certain time periods, concerning divorces and custody matters, about which you should be aware. There is a 90 day residency period to file for divorce in Arizona. There is a 60 day "cooling off" period, between the time that we serve your spouse with the divorce petition, and the first available date to finalize the divorce. As a practical matter, however, it may be three or four months before a hearing can be scheduled in your divorce, even in the simplest of cases. As previously discussed, if we seek temporary orders, this usually takes one to two months to obtain a hearing.

If you have children, the child must have resided with you in Arizona, for six months, prior to Arizona obtaining jurisdiction under the Uniform Child Custody Jurisdiction Act. You are entitled to child support from the date of the filing of the petition. We can obtain a temporary child support order for you through temporary orders, or the judge can order retroactively, from the date of the petition, at the final hearing. Child support, in Arizona, is determined according to state guidelines, and we will require you to fill out a child support worksheet to assist us in the calculation of appropriate child support.

Arizona is a community property state. Assets acquired during marriage, with either your earnings, or your spouse's earnings, are community assets. Assets acquired before marriage are sole and separate, but you must not co-mingle your sole and separate assets with your spouse's assets, or you run the risk of those assets being characterized as community property. In particular, if you have put your spouse's name on your residence, purchased with your sole and separate funds, this may cause the residence to be characterized as a community asset, even if you purchased it with your sole and separate property. 

Community debts are equitably divided, which is, presumptively, equally, but the court can make equitable modifications, if it deems it appropriate. All of these issues will be discussed in more detail with the attorney who will be handling your case.

When you retain the firm, there will be an associate attorney and a paralegal assigned to your domestic relations case. You will be given their names and voicemail extensions, and you can contact either one of them about the status of your case during the course of the representation. If they are out of the office, you can leave a voicemail and they should call you back by the end of the next business day after you call, at the latest.

If they do not promptly return your call, then please contact the firm's Legal Administrator, Diana Stanley, at extension 111, so that she can assist you in resolving the situation. If you need to speak with Mr. Knochel directly, but have difficulty contacting him during business hours, you are welcome to call him at home. Please do not call him at home if you can resolve your difficulties during business hours, but if you cannot, he definitely wants to hear from you.

The court has a mediation center, which attempts to assist divorcing spouses in resolving their divorce case out of court, through informal negotiations. The mediation center does not force you to settle your case, but attempts to assist you, through negotiations, in resolving your case informally. We encourage all divorce clients to attempt negotiations, if possible, prior to proceeding to court. The mediation center has an excellent record of assisting couples in resolving their divorce cases informally. Attorneys are not permitted at the mediation sessions, but a court appointed mediator will be present to assist you in the negotiations. The court may also order a settlement conference in front of the judge to assist in the settlement of the case before it proceeds to trial. The judges are also trained mediators, and many cases can be resolved in this fashion. If your case cannot be resolved, either through medication or at the settlement conference, then the case can be tried, but this will add substantial attorney's fees and stress to the outcome, which makes it in your best interest to resolve the case informally.

If the case is expensively litigated, it can take one, to one and a half, years to resolve your divorce case after the petition is filed. We will attempt to resolve the case as expeditiously as possible, and encourage alternative dispute resolution, as previously discussed, to attempt to resolve the case as expeditiously as possible. We like to speak with our clients at least once every month to six weeks, even in a protracted litigated case. If you have not heard from us approximately every six weeks during the course of the case, we would encourage you to give us a call so we can update you about the status of your case. Divorce cases are difficult cases, and patience and a spirit of compromise are frequently the best way to resolve the case, if possible. However, if it is in your best interests, the firm will not hesitate to aggressively litigate the case.