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Frequently Asked Questions
At Brooks Family Law, we understand that navigating family law matters can be overwhelming. To help you make informed decisions, we’ve compiled answers to the most common questions we receive about divorce, custody, support, and other family law services in Arizona.
Divorce
Arizona has a mandatory 60-day waiting period after the divorce petition is served before a divorce can be finalized. However, the overall timeline depends on whether your case is uncontested or contested. Complex cases involving custody or property disputes can take several months or longer.
Property: Yes—Arizona is a community property state. Property and debts acquired during the marriage are generally divided equally, while separate property (owned before marriage or received by gift/inheritance) typically remains with the original owner.
Parenting time: There is no automatic 50/50 rule, but Arizona courts aim for substantial, frequent, and meaningful time with both parents when it’s in the child’s best interests. In many cases, that results in equal or near-equal parenting time, adjusted for each family’s circumstances
No. Arizona is a no-fault divorce state, which means you only need to state that the marriage is “irretrievably broken.” Misconduct such as infidelity or dishonesty typically does not affect the divorce itself or property division. However, there are two exceptions to note:
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Waste Claims: If one spouse has recklessly spent, hidden, or given away marital assets, that behavior—known as “waste”—can influence how property is divided.
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Covenant Marriages: In a covenant marriage, Arizona law requires proof of specific grounds (such as adultery, abandonment, or abuse) to obtain a divorce.
In most cases, fault does not determine the outcome, but these exceptions can significantly impact how certain issues are resolved.
Not always. Many divorces are resolved through settlement negotiations or mediation without going to trial. If the spouses cannot agree on key issues, the case will go before a judge, who will make the final decisions.
Paternity Cases
Yes, a mother can request paternity if it is in dispute or not established.
Establishing paternity grants legal rights to the father, including custody, visitation, and the ability to make decisions about the child’s education and healthcare. It also ensures the child’s access to benefits such as health insurance, inheritance, and social security.
Yes, fathers can establish paternity at any time after a child is born through voluntary acknowledgment or by petitioning the court for a paternity test. We can assist fathers in asserting their parental rights.
If paternity is contested, the court may order a DNA test to confirm biological parentage. Our firm helps guide you through the legal process, ensuring that your rights and the child’s best interests are prioritized.
Paternity in Arizona can be established voluntarily through an acknowledgment of paternity or through genetic testing ordered by the court. Establishing paternity is crucial for securing custody, visitation, and support rights.
Legal Separation
Yes, legal separation involves resolving issues such as child custody, parenting time, and child support. These orders are legally binding, just like in a divorce, and can help protect your rights while living separately
Yes, Arizona law allows couples who are legally separated to convert their separation into a divorce. If you choose to move forward with divorce later, we can assist you in making that transition smoothly.
The timeline for legal separation in Arizona is similar to divorce, depending on whether the case is contested or uncontested. If both parties agree on terms, the process may be quicker; otherwise, it may take several months.
Some couples choose legal separation due to religious beliefs, health insurance benefits, or a desire to remain legally married while living apart. Legal separation allows them to establish legal boundaries without ending the marriage.
Legal separation allows spouses to live separately while remaining legally married, and it addresses issues like child custody, support, and property division. Divorce, on the other hand, permanently ends the marriage.
Prenuptial & Postnuptial Agreements
No, prenuptial and postnuptial agreements cannot determine child custody or child support arrangements. These matters are determined by the court based on the child’s best interests at the time of the divorce or separation.
Yes, prenuptial and postnuptial agreements are enforceable in Arizona as long as they meet legal requirements, including full financial disclosure and fairness to both parties. We help ensure your agreement is legally binding and enforceable.
These agreements provide clarity and protection in case of divorce, ensuring fair property division and financial arrangements. They can also help avoid lengthy disputes during divorce proceedings, saving time, money, and emotional stress.
Yes, a postnuptial agreement is created after marriage and serves a similar purpose as a prenuptial agreement, helping couples define property rights and financial obligations during their marriage.
A prenuptial agreement is a legal contract created before marriage that outlines how property and assets will be divided in the event of divorce or separation. It can also address spousal support and other financial matters.
Post-Decree Modifications
Yes, child support orders can be modified if there is a significant change in circumstances, such as a change in income, a new child, or a shift in the parenting time arrangement. We can help you seek a fair adjustment to your child support order.
The timeline for a post-decree modification depends on the complexity of the case and the court’s schedule. In some cases, it can take a few months to resolve, especially if the other party contests the modification.
To request a modification, you must file a petition with the court explaining the change in circumstances and provide evidence supporting the modification. Our firm will assist you in filing the petition and presenting your case to the judge.
Common changes that may be modified include child custody and parenting time, child support, and spousal maintenance. If a parent’s financial situation or living circumstances change, the court may adjust the orders to reflect the new situation.
A post-decree modification is a legal request to change an existing family court order after a divorce or custody case has been finalized. Modifications are typically made to custody, support, or spousal maintenance orders when there’s a significant change in circumstances.
Mediation
Mediation offers numerous advantages, including cost savings, faster resolution, and greater control for the parties involved. It allows couples or families to reach agreements in a collaborative environment, which can reduce conflict, stress, and the emotional toll of litigation. Mediation helps preserve relationships, especially in cases involving children, by fostering communication and cooperation.
Mediation is typically much faster than litigation. Court cases can take months or even years to resolve, especially if there are complex issues involved. Mediation sessions are often scheduled quickly and can lead to resolutions in just a few sessions, allowing families to move forward without lengthy delays.
Yes. Mediation tends to be significantly more affordable than litigation because it avoids the high costs of court trials, including filing fees, attorney fees, and expert witness costs. Since mediation focuses on resolving issues outside of court, it often leads to a quicker and less expensive outcome for everyone involved.
In mediation, the parties themselves make the decisions. Unlike court trials, where a judge imposes the final ruling, mediation allows both sides to work together and agree on terms that are mutually beneficial. This greater control over the outcome can result in solutions that work better for everyone involved, especially in family law matters like custody and support.
Yes, mediation is a flexible tool that can be used for a wide range of family law matters, including divorce, child custody, spousal support, and property division. It’s especially beneficial in cases where the parties are open to negotiation and want to avoid the adversarial nature of court proceedings. Mediation promotes cooperation and can help resolve conflicts in a way that benefits both parties and their families.
Child Custody & Support
Our team provides personalized guidance, helps you file petitions, negotiates agreements, and represents you in court to protect your child’s best interests and your parental rights.
Yes. If there is a significant change in circumstances, such as relocation, income changes, or the child’s needs, you can request a modification through the court.
Child support is calculated using the Arizona Child Support Guidelines, which consider both parents’ incomes, the child’s needs, healthcare, and childcare expenses.
Decision-making authority refers to the right to make important decisions about a child’s education, healthcare, and overall well-being. Parenting time determines where and with whom the child will live on a day-to-day basis. Both are key components of child custody arrangements in Arizona.
Arizona courts determine custody based on the child’s best interests, considering factors like parental involvement, the child’s needs, and each parent’s ability to provide a stable environment.
Get the Support You Need Today
No matter the family law challenge you’re facing, Brooks Family Law is here to help. We combine experience, compassion, and proven results to guide Arizona families through divorce, custody, support, and beyond.
Comprehensive Representation – From divorce to custody and support, we handle every aspect of family law.
- Arizona Family Law Focus – Deep knowledge of Arizona statutes and family court procedures.
- Client-Centered Advocacy – Personalized strategies designed to protect your rights and your family’s future.
