Family Law

At Tiffany & Bosco, we strive for the best possible outcome for our clients in Arizona family law cases. This includes minimizing the disturbance that accompanies transitions during a divorce or other family issue. Whether a case is settled or proceeds to a hearing or trial, our lawyers aggressively pursue results that are equitable and reliable. If children are involved, we help you remain focused on reaching an outcome that keeps the best interests of your children in mind but is also fair to you — now and in the future.

In addition, we help with life events. For instance, long after a divorce is settled, an Arizona child custody decision may be challenged or changed; child support may become an issue. Remarriage may create a happy event but also the need for a pre-nuptial agreement. You may also have a need at some point for asset protection, a matter of which we will gladly assist.

Family Law Areas of Practice

Unfortunately, these and other family law disputes may also have related issues of safety or harassment of adults and minor children. We regularly assist clients in addressing those matters.

Success in family law does not come easily. It requires an attorney who is not only assertive during negotiations and in the courtroom, but also able to help you navigate past the emotional turmoil that surrounds difficult family situations. Our attorneys are well-versed in serving the needs of clients in cases involving all types of family law issues, including:

Dissolution of Marriage (Divorce): Arizona is a no-fault divorce state, which simply means that neither spouse needs a reason for the separation other than irreconcilable differences. The exact term used by the law refers to a marriage that is “irretrievably broken,” which simply means there is no chance of reconciliation.

Child Custody: In 2013, the Arizona legislature removed the term “custody” from family law. In doing so, a distinction is made between who makes decisions affecting the life of the child and when each parent is allowed time with the child. The court may decide to split decision-making between both parents or award all decisions to one. Likewise, parenting time will be decided based on the specifics of the case, such as if there has been abuse or neglect.

Child Support: When parents divorce, child support will be ordered by the ruling judge. The child support order will specify which parent is to pay, the income-basis for the payments, the frequency of payments, and who is to receive the payments on behalf of the child. The judge will apply a complex formula which considers parental income, medical insurance and costs, government benefits received, daycare expenses, and living arrangements.

Establishing Paternity: Arizona allows anyone with a direct interest in a child to file a paternity (or maternity) action in the courts. This includes the mother or father, someone who believes he may be the father, a county welfare agency, the state of Arizona, or a guardian.

Spousal Maintenance (Alimony): Formerly known as alimony, spousal maintenance in Arizona may be awarded to a spouse who has custody of the children, has been wed for a lengthy duration, or is unable to be self-sufficient. Such awards consider many elements and are considered on a case-by-case basis according to the facts and merits.

Cohabitation Agreements: Many people today choose to cohabit but not wed. When this happens and the couple splits, they find that the property laws related to marriage do not apply. Thus, it is wise that anyone choosing to live together for any reason who are sharing certain expenses, such as real property, should have a cohabitation agreement drafted. The family law attorneys at Tiffany & Bosco can provide such an agreement.

Post-Decree Modifications: Once a divorce is finalized, it is settled, right? Not always. Sometimes one or both parties decide that changes are needed. When this happens, they seek help from the courts to get a post-decree modification. If you need a modification or are facing a former spouse seeking such, let us help.

Enforcement of Decrees and Court Orders: When the court issues a degree or order, compliance is lawfully expected. If unable to comply, it would be wise to seek the assistance of your attorney because in some cases, a judge may hold you in contemp. We help with decree enforcement issues.

Same-Sex Family Law Issues: Although Arizona law permits same-sex marriage, not every law applies equally as it would if the couple were heterosexual. One of the biggest problems involves children, especially when seeking to adopt. Under Arizona law, heterosexual couples and single persons may adopt, but same-sex couples may not.

Prenuptial Agreements: A prenuptial agreement is a contract entered into by two parties intending to marry. It spells out what each brings into the marriage, what each will be entitled to in the event of a divorce, and on what grounds. Such agreements are especially important to business owners, and if you have need of a prenup, contact us today

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