Frequently Asked Questions

When should I file for divorce?
Whether or not to file for divorce is a personal decision and one that should not be made by an attorney. We recommend talking with a qualified marriage counselor and/or religious leader prior to making the determination to file for divorce. However, once a decision to obtain a divorce has been made, it is generally best to immediately file for divorce in order to protect your emotional, physical and financial well being. That being said, in some circumstances it may be beneficial to delay filing for divorce until a particular event has occurred.

When can I modify the existing custody arrangement?
Once a custody order has been entered by the Court you are generally required to wait one year before attempting to modify it. After a year has passed custody can be modified if there has been a "substantial and continuing change of circumstances". In order to meet this standard the change you are relying on to modify custody must be both significant and something that will continue to occur for a considerable amount of time. Nevertheless, if the child is placed in serious danger as a result of the actions of the other parent, the existing custody order can be modified at any time. Also, if the other parent knowingly and intentionally refuses to follow the Court's orders you can request for the existing custody order to be modified in as few as six months.

When can I modify the existing visitation schedule?
By law the court can, at its sole discretion, modify the existing visitation schedule at any time if it determines a modification is needed to serve the best interest of the child. However, it is worth noting that many courts apply some form of the "substantial and continuing change of circumstances" standard described above when determining whether or not to modify an existing visitation schedule. Furthermore, the courts are sensitive to abuses of the system and absent a compelling reason will not tolerate individuals coming back to court to re-litigate an issue that was recently tried by the court.

What if the other parent is placing the child in danger?
If a parent is placing a child in a situation that may seriously jeopardize that child's physical, mental, moral or emotional health immediately contact an attorney, regardless of when you were last before the Court, so that an Emergency Petition can be filed to prevent the harm.

When can I modify child support?
Child support can be modified anytime there is a variance of 15% or more from the existing child support obligation. As a result, anytime either parent loses their job, changes their employment or obtains a large raise, you may want to run a child support calculation to determine if it is appropriate to modify child support. This can be done at no cost by going to the following link: www.supreme.state.az.us/childsup/. Oftentimes, the party seeking to modify has reason to believe that the other party is hiding part of their income. If this is the case you should contact an attorney.

What if my ex spouse refuses to follow the Court's orders?
As all of the parties involved are bound by the Court's orders, if any party refuses to comply with them they are in contempt of court and can be sanctioned by the Court. Therefore, you should first notify the offending party that they have failed to comply with the Court's orders and ask them to correct their mistake. If, after receiving notice of their contempt, they still refuse to comply with the Court's orders, you should contact an attorney who will file a motion requesting sanctions and compliance with the Court's orders.

What should I do if I have been served with a Petition for Dissolution?
After being served with a Petition for Dissolution you have twenty days to file your response with the Court if you live in Arizona, and thirty days to file a response if you live in a different state. Due to the time limitations involved, once you have been served with a Petition for Dissolution you should immediately contact a reputable attorney and schedule a consult with them so that your response can be timely filed and your interests preserved.