Divorce is often a difficult process for all involved. Divorce becomes more complicated when issues regarding children, support, property division and other disputes must be resolved. Working with an experienced and effective attorney can make a difference in how your interests are represented and ultimately, how the case is resolved. We guide clients through their divorce by providing effective advice, seeking the best results possible and doing both with care and compassion. The decisions our clients make during their divorce could affect their lives long term, from choices about child legal decision making (formally called custody) and parenting plans to the division of assets and debts. Courts enter decisions regarding legal decision making and parenting time based upon "the best interest of the child". As a matter of public policy, absent evidence to the contrary, it is in the child's best interest for both parent to participate in legal decision making and to have substantial, frequent, meaningful and continuing parenting time with both parents.
An injunction is a court order requiring an individual to do or omit doing a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff's rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause.
It is a protective order that has been issued by the court for a person who has a domestic relationship with the defendant as defined by statute A.R.S. 13-3601(A). Whether an Order of Protection is appropriate is based on a two-fold test. The first is your relationship with the defendant and the second is whether or not a crime defined as domestic violence has been or may be committed.
A postnuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of a separation or divorce. It is normally "notarized" or acknowledged and is usually the subject of the statute of frauds. Like the contents of a prenuptial agreement, provisions vary widely but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage.
Child support is not "optional" under Arizona state law. Whether you're divorced, unmarried, or your name appears on the birth certificate of a child though you are not the biological parent, you are responsible for child support if so ordered by the court. Child Support calculations are conducted via a child support worksheet taking into account: the incomes of both parties, health insurance and day care costs for the children, a schedule of parenting time, any spousal support paid or received, and any support paid for other children.
Custody as a term is no longer used in Arizona. Arizona law recognizes two different aspects of traditional "custody" laws. First, Legal Decision Making (LDM) is the legal term referring to the right of a person to make decisions about the care and welfare of a child (for example, decisions about education, health care and religious training). The parent with LDM has the ability to make decisions for the child. Parties can have either Joint or Sole LDM. Second, is what is known as Parenting Time. Parenting time is a specific schedule of where the children are at on a day to day basis. Courts must find that LDM and Parenting Time are in the best interest of the children. Under current Arizona law, the courtshall adopt a parenting plan that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time. The court shall not prefer a parent's proposed plan because of the parent's or child's gender
Protecting yourself and your assets prior to a first marriage or one later in life is a concern for many clients. We provide clients with advice and advocacy regarding the preparation and enforcement of premarital agreements. In Arizona a prenuptial agreement (also referred to as a premarital agreement) is defined as, "an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.”
A prenuptial agreement can protect you down the line if you and your new spouse part ways in the future. Arizona is one of nine states classified as a "community property state". What this means is that if you have a divorce, all property acquired after marriage will be split evenly during the divorce process. Failing to make a prenuptial agreement will result in the courts having power over your estate.
Establishing paternity means to establish a legal father for a child. When the parents are not married it is important that paternity be legally established. Establishing paternity can provide legal, emotional, social and economic ties between a father and his child. Once paternity is legally established, a father gains legal rights and privileges that are afforded to all parents. A child also gains certain rights when paternity is established. Among these may be rights to inheritance, rights to the father’s medical and life insurance benefits, Social Security and possibly veteran’s benefits. The child has a chance to develop a relationship with the father and to develop a sense of identity and connection to the “other half” of his or her family. Also, it may be important for the health of the child for medical history. Paternity issues can arise in a variety of contexts. Regardless how or why you are involved in a paternity action, legal protection is important. Finding an effective family law lawyer to handle these cases in a way that is best for all involved is essential.
Welcome to the Law Office of Stasy Click. Ms. Click has been practicing law for over 20 years. She is a former prosecutor and a former law school adjunct professor in the areas of Family Law and Community Property. Ms. Click is a seasoned litigator and has tried hundreds of family law and criminal cases. She has been in private practice since 2004.
Ms. Click teaches seminars on family law trial practice for local bar organizations, and speaks on issues of family law for various community organizations. Ms. Click is an active volunteer for Community Legal Services as well as Wills for Heroes, receiving the 2010 President's Volunteer Service Award. Ms. Click limits her practice to family law cases.