Family law is a very expansive practice area that can cover many different concepts and case types. Cases frequently include divorce, spousal support, child support, asset division, and more. No matter which aspect of family law you are facing, an experienced family lawyer will most likely be the solution you need to get your case resolved in a timely manner and with a favorable outcome.
If you’re facing a family law case, your first step should be to find the right family law attorney. Learn how with this guide.
Qualities That Make a Good Family Law Attorney
Representation is key to achieving a positive outcome in your family law case. For that reason, it’s important to begin with choosing the right family law attorney to represent you. There are several factors to consider when deciding on the right family lawyer to help you.
Family Law Experience
A lawyer who has a history of helping individuals successfully resolve cases like yours is essential. In general, you will want to choose a lawyer who has ample experience in the realm of family law. Then, look for attorneys with plenty of experience in your particular area of need, whether it is divorce, child custody, adoption, or something else.
Effective Communication
The next critical quality to search for when you need a family lawyer in Phoenix is a lawyer with excellent communication skills. Your attorney will ultimately be responsible for communicating not only with you but also with the other parties involved, as well as the court. Family law under Arizona state law can become complex in many ways, and a good family law attorney can effectively communicate the nuances of family law in a way that clients can understand.
Top family law attorneys know how to effectively and efficiently communicate with clients throughout the whole process of a legal case. Effective communication can include responding to clients’ inquiries about their cases, negotiating with the opposing party and their legal counsel, and presenting the case before a court if it is required. A positive reputation and relationship with Arizona family court officials can be an excellent indicator of the attorney’s communication skills.
Topical and Court System Knowledge
It is essential that your attorney has the requisite knowledge of family law to successfully resolve your case. Expansive knowledge of the law can allow the attorney to exercise critical and creative thinking to resolve your case. Each family law case is different and unique in its own way, and knowledge of your particular case type can be critical. Finally, it is essential that your attorney has a thorough understanding of the intricacies of the Arizona family court system.
Character Traits to Look For in a Family Law Attorney in Phoenix and Mesa, AZ
The top attorneys in the Phoenix and Mesa areas share many qualities, which, together with the knowledge, experience, and communication skills listed above, make them a better choice for your family law case. Look for an attorney with these qualities:
Courage
Courage is a common trait that top attorneys in Arizona share. An attorney who demonstrates courage throughout the entire legal proceeding is capable of showing respect while not being intimidated by the judge, the opposing counsel, or the courtroom setting. A fearless attorney typically gets better results for his or her clients.
Integrity
Integrity is a key ingredient in the best family law attorneys. You want an attorney who is fair and honest in his or her billing, work, and communication with you. Attorneys who lack integrity generally fail to do what is right for the client. Scheduling a consultation and reading client reviews can be a good way to tell whether an attorney is one of integrity or not.
Work Ethic
A positive work ethic is essential when deciding on a family law attorney. There is no substitute for hard work. If you want great results for your case, then you need to hire an attorney who is motivated and will work diligently to argue your case. Much like integrity, consulting with an attorney and reviewing testimonials from former clients can help you determine whether an attorney has a positive work ethic.
Respect
You also want an attorney who demonstrates respect. A good family law attorney should be respectful toward you, the opposing counsel, and the judge. It is important that your wishes and views are respected in your case. It is also an advantage if your attorney has a good reputation in the community and in the courtroom.
Consider these character traits in your search for recommended family lawyers.
Family Law in Arizona
There are several different types of family law cases that can fall under the umbrella of Arizona family law.
Divorce
Divorce is one of the most common types of family law cases. Although most people enter into a marriage with the best intentions, there are times when a divorce is warranted. Divorces can become contentious and complex, and it is important for you to have an understanding of the divorce process under Arizona state law so that you can be prepared.
Arizona is a no-fault divorce state. This means that the only grounds necessary to file for a divorce are “irreconcilable differences.” A spouse in a marriage does not need to prove that the other spouse was at fault for ruining the marriage or causing the divorce to happen due to infidelity or any other reason. The divorce petition simply states that the spouse or spouses believe that the marriage is irretrievably broken.
As you face your family law case, it is crucial to know that divorce can be either contested or uncontested.
A contested divorce occurs when both spouses do not agree to either the divorce itself or the terms of the proposed divorce agreement. Just because the divorce is contested does not mean that it cannot take place. A contested divorce typically means that the divorcing spouses will have to reconcile their differences in the negotiation or mediation process. An experienced Phoenix family lawyer can help spouses who disagree come to a resolution on their divorce.
An uncontested divorce means that either both spouses agree to the terms of the divorce or that there was no response received from the spouse who was served the divorce papers. If there is no response, it can result in a default judgment, and the divorce will be finalized without their input.
A Mesa divorce attorney can help review your case and provide the necessary help that you need.
Child Custody and Child Support
Whether you are a parent filing for divorce or an unmarried parent who does not reside with their child’s other parent, child custody and child support are topics that are sure to come up during your case. It is important to have some understanding of how child custody and child support are handled under Arizona state law.
Child custody consists of parenting time and decision-making rights, and both are determined separately by weighing several factors including:
- The child’s preference
- Any evidence of child abuse or child neglect
- The mental and physical well-being of the child and the parents
- Any criminal convictions
- The child’s attachment to the home or school
Spousal Support Qualifications
Spousal support, also known as alimony but better known in Arizona as spousal maintenance, is an arrangement that establishes payments from one spouse to the other after the divorce. Spousal support payments are rarely permanent unless the spouse is disabled or otherwise unable to provide for themselves.
After determining that a spouse qualifies for spousal maintenance under one of the specified criteria, the court will then evaluate thirteen key factors as outlined in Arizona’s alimony laws.
These factors include:
- The lifestyle established during the marriage
- How long the marriage lasted
- The age, work history, earning potential, and physical and emotional health of the spouse seeking maintenance
- The ability of the other spouse to support themselves while also providing for the spouse seeking maintenance
- A comparison of the financial situations of both spouses, including their earning capacities in the job market
- The contributions made by the spouse seeking maintenance towards enhancing the other spouse’s earning abilities
- The degree to which the spouse seeking maintenance has sacrificed their own income or career prospects for the benefit of the other spouse
- The capacity of both individuals, post-divorce, to contribute to their children’s future educational expenses
- The financial resources available to the spouse seeking maintenance, including what marital property they have been awarded, and their ability to support themselves
- The time it would take for the spouse seeking maintenance to gain the education or training needed for suitable employment, and the availability of such education or training
- Any excessive spending, destruction, hiding, or fraudulent management of shared property
- The healthcare insurance costs for the spouse seeking maintenance and how those costs might decrease for the other spouse if they can switch from family to individual employee health coverage after the divorce
- Any direct damages and legal judgments related to criminal convictions of either spouse where the other spouse or a child was the victim.
Spousal Support Modifications
It is possible to modify a spousal payment order. Under the right circumstances, a modification can be processed. Some of the most common situations that could necessitate a spousal order modification can include:
- One of the spouses retires.
- One spouse loses a job.
- There is a serious medical injury or diagnosis.
- One spouse remarries.
- There is any other significant change in the income of one of the spouses.
Adoption
The right family law attorney can help you adopt a child in Arizona. There is a strict adoption procedure that must be followed under Arizona state law. The procedure can include a home study in which a social worker will evaluate your ability to provide the proper care for a child. This can include a background investigation into your criminal and financial history as well as a medical examination.
Family Law FAQs
Client Testimonials: Your Key Indicator of the Best Family Lawyer in Arizona
Reviews and testimonials provided by former clients are a key way to find the best family lawyer for you. Gillespie, Shields & Taylor is proud to have aided hundreds of clients over the years.
Here is what some real clients had to say about our family law team:
DeeAn Gillespie Strub not only possesses an impressive depth of legal knowledge but also a remarkable ability to communicate and explain the intricacies of the legal process in a way that put us at ease. DeeAn’s commitment to our case was evident in the countless hours spent researching, strategizing, and advocating for our family’s rights.
Throughout the challenging journey, DeeAn demonstrated exceptional courtroom expertise, making compelling arguments that ultimately resulted in a favorable outcome for us. DeeAn’s attention to detail, impeccable preparation, and unwavering support truly made a difference.
What truly sets DeeAn apart is her genuine concern for our family’s well-being. She listened attentively to our concerns and provided guidance that extended beyond the courtroom, always prioritizing the best interests of our child. DeeAn’s empathy and understanding made a difficult process more manageable.
In the end, thanks to DeeAn, we can finally enjoy a sense of justice and stability in our family’s life. We wholeheartedly recommend DeeAn to anyone in need of a family attorney who not only fights for your rights but also cares deeply about the well-being of your family. DeeAn’s expertise, dedication, and compassion are nothing short of exceptional, and we are eternally grateful for the positive impact they’ve had on our lives. Thank you, DeeAn, for being our unwavering advocate and bringing light to our family in our time of need. – Jillian
A Family Law Firm On Your Side
Navigating the family court system in Arizona can be difficult to do on your own. Family law cases often come with a great deal of physical, emotional, and mental stress for all parties involved. In addition, it is essential to resolve the case as efficiently and effectively as possible. For these reasons, one of the most important decisions you can make during your family law case is deciding which family law attorney you want to represent you.
At Gillespie, Shields & Taylor, our family law team understands the stresses of dealing with a family court case. Let our experts handle the stress of your case so that you can focus on moving forward with your life. If you need an experienced law firm that has a history of helping individuals all over the state of Arizona, contact our offices today to see how our experienced attorneys can provide you with the support that you need to get your case resolved.
*Editor’s Note: This article was originally published May 27, 2021 and has been updated April 3, 2024
Founder, Owner, and Family Law Attorney
Those who know DeeAn Gillespie Strub can describe her in three words: caring, courageous, and competent. Growing up as the oldest of nine children, DeeAn quickly learned leadership and resourcefulness. With both parents as educators, she also acquired a love of learning, and from her mathematician, father learned to think analytically. Following in her parents’ footsteps, her first career step was to become a teacher. It was not long before she determined she could use her teaching skills most effectively in a different arena: the law. She wanted to make a difference for people.
