Legal Options in a Separation or Divorce Involving Children
Divorce or legal separation is never easy, but when children are involved, it can even be more emotional and legally complex. Whether you’re considering legal separation or divorce, it’s essential to understand how decisions about custody, parenting time, and child support will affect your children’s lives and your rights as a parent.
For families in Arizona, navigating divorce or separation requires not only sensitivity but also a clear understanding of the legal options available. A skilled Arizona divorce attorney can help you explore your legal options, including how to protect your children’s well-being while safeguarding your legal interests.
Understanding Divorce vs. Legal Separation
Divorce and legal separation are the primary legal options for couples who want to end or pause their marriage in Arizona. While a divorce or dissolution of marriage legally ends a marriage, a legal separation allows spouses to live apart without ending the marriage.
Families choose separation as a divorce alternative for religious reasons, for taxation purposes, or to preserve health insurance coverage. The key difference is that divorce terminates the marital relationship, while legal separation does not. Once a divorce is final, the ex-spouses are free to remarry. Separated couples cannot remarry.
However, divorce and legal separation are similar in the way they handle child custody, parenting time, support, and property division. Both processes are handled in Arizona family courts and involve similar legal procedures, especially when children are involved.
Filing Requirements and Grounds
Arizona is a ‘no-fault divorce’ state, meaning divorcing spouses do not need to prove any specific misconduct for the court to grant a divorce. The couple needs only to show that their marriage is irretrievably broken.
However, at least one spouse must have lived in Arizona for at least 90 days before filing for divorce. For legal separation, at least one spouse must reside in Arizona at the time of filing.
For couples in a covenant marriage (a special type of marriage in Arizona), legal separation or divorce requires specific grounds, such as abuse, adultery, or abandonment.
Key Legal Issues for Families with Children
When children are involved, Arizona courts prioritize their well-being above all. Below are the main legal issues families must address during separation or divorce.
- Legal Decision-Making (Custody)
Arizona law uses the term “legal decision-making” rather than custody. This refers to the right and responsibility to make important decisions about a child’s education, healthcare, religious upbringing, and personal care.
In Arizona, legal decision-making is either sole or joint. Sole legal decision-making is where one parent makes major decisions, while joint legal decision-making is where both parents share decision-making responsibilities. Arizona courts typically favor joint legal decision-making, provided it is in the child’s best interests and there is the ability to co-parent effectively.
- Parenting Time (Visitation)
Parenting time refers to the schedule that determines when the child will be with each parent. The court’s primary concern is creating a plan that provides consistency and supports the child’s relationship with both parents. Parenting time arrangements can be as simple as week-on/week-off or can be a customized plan based on work schedules and child needs.
Arizona courts require divorcing parents to submit a parenting plan as part of the separation or divorce process. This plan outlines parenting time, transportation logistics, communication methods, and dispute resolution methods.
- Child Support
Arizona calculates child support using the Arizona Child Support Guidelines, which take into account each parent’s income, parenting time allocation, healthcare and childcare costs, and educational expenses. The goal is to ensure the child receives adequate financial support from both parents. Child support is often paid by the parent with less parenting time.
Alternatives to Litigation
When possible, Arizona allows and encourages divorcing or separating parents to resolve disputes out of court through mediation or collaborative divorce.
- Mediation – Mediation involves a neutral third party helping parents reach agreements on legal decision-making, parenting time, and support. It is cost-effective, less adversarial, and often leads to more sustainable parenting arrangements.
- Collaborative Divorce – In a collaborative divorce, both parents work with their attorneys, and sometimes child specialists or financial professionals, to craft a cooperative solution without court intervention. This process is especially beneficial for protecting children from the stress of courtroom battles.
When Litigation Becomes Necessary
If parents cannot agree on key issues such as custody or support, the court will intervene. In these cases, a judge will review evidence and testimony and issue judgments based on the best interests of the child. The judge can consider expert opinion from child psychologists or custody evaluators, if needed.
Litigation may be necessary in cases involving domestic violence or abuse, substance abuse, parental alienation, and significant conflict between parents. While litigation is sometimes unavoidable, it tends to be more time-consuming, expensive, and stressful. That’s why experienced legal counsel is critical.
Supporting Children during Separation or Divorce
Children are often the most vulnerable during a family separation. Some of the steps parents can take to support their children and ease the transition include:
- i) Maintaining routines and stability
- ii) Not exposing children to conflict or legal discussions
- iii) Encouraging open communication and emotional expression
- iv) Involving a child therapist or counselor
- v) Cooperating respectfully with the other parent to model healthy conflict resolution
Arizona courts may appoint a parenting coordinator or guardian ad litem to help protect the interests of children’s during high-conflict cases.
Why You Need an Arizona Family Law Attorney
Whether you’re seeking legal separation or divorce, you may need an experienced Arizona family law attorney to protect your parental rights and help address your children’s best interests. A skilled attorney can help draft enforceable parenting plans, negotiate or mediate agreements, and represent you in court if necessary. The lawyer can also provide guidance on complex legal and financial matters.
Contact a Yuma Family Law Attorney
A legal separation or a divorce can significantly change family circumstances, especially for parents. Besides the common divorce or separation challenges, such situations may endanger a child’s financial and emotional well-being. Understanding Arizona’s legal options and having strong legal guidance can help secure the best outcome for your family.
If you’re a parent considering separation or divorce in Yuma, AZ, contact our skilled and experienced Yuma family law attorney at Mary Katherine Boyte, P.C. We’re here to help you protect your children, your rights, and your peace of mind. Contact us today for consultation and to learn more about our family law services.