Family law court can feel overwhelming for anyone stepping into the process, especially when personal matters like divorce, child custody, or financial support are on the line. Arizona family law courts operate under specific statutes, such as the Arizona Revised Statutes Title 25, to address these sensitive issues with fairness and clarity. Whether you’re preparing for a court appearance or trying to make sense of legal documents, having a clear understanding of what to expect can make a significant difference in your experience.
At CHM Law, we believe that knowledge and preparation are the keys to successfully winning in Arizona family law court. From gathering essential documentation to adhering to courtroom etiquette, we work alongside our clients to ensure they feel confident and informed at every stage of the process.
This article explores the ins and outs of Arizona family law court, breaking down everything from common case types to courtroom etiquette. We’ll also provide practical advice on post-court procedures and answer frequently asked questions about the process. If you’re facing a family law issue, CHM Law is here to provide expert representation, guiding you every step of the way toward a resolution that works for you.
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The Ins and Outs of Family Law Court: What to Expect
What is Family Law Court?
The Role of Family Law Court
Family law court focuses on resolving disputes related to domestic relations. Governed by Arizona Revised Statutes (ARS) Title 25, this court handles matters like child custody, child support, and spousal support. Its primary goal is to ensure fairness and protect the best interests of children.
For example, ARS § 25-403 requires judges to prioritize the child’s emotional, mental, and physical needs when determining custody. Whether resolving custody disputes or overseeing divorce cases, the court ensures that all decisions comply with Arizona law.
Common Cases Handled by the Court
Some of the most frequent cases heard in family law court include:
- Divorce and Dissolutions of Marriage: As outlined in ARS § 25-312, these cases involve dividing assets and debts and determining whether spousal support is appropriate.
- Child Custody: The court reviews parenting plans (ARS § 25-403.02) and decides based on the child’s best interests.
- Child Support: Under ARS § 25-320, the court calculates financial contributions based on income, parenting time, and the child’s needs.
Understanding the role of family law court can help you approach your case with greater confidence.
Preparing for Your Day in Court
What to Bring to Court
Preparation is key. Start by gathering all necessary documentation. This includes certified copies of previous court orders, financial records, parenting plans, and any communication logs related to your case. These documents are crucial, especially in child support or custody cases.
Visit the clerk’s office to ensure all forms are properly filed. Remember, the clerk of the court can provide general information about forms and processes but cannot give legal advice.
How to Prepare Yourself
- Dress professionally and arrive early to avoid last-minute stress.
- Review court procedures ahead of time, especially if you’re a self-represented litigant. Arizona’s self-help resources can provide valuable guidance.
- If you’re nervous, consider consulting with a legal professional who can help you feel more prepared.
Mediation as an Alternative
Many cases, particularly those involving child custody or child support, may require mediation before proceeding to trial. According to ARS § 25-317, mediation offers a chance to resolve disputes collaboratively, often saving time and money.
Common Family Law Cases
Divorce and Asset Division
Divorce cases involve dividing assets and debts equitably, as per ARS § 25-318. The court also addresses whether spousal support is necessary (ARS § 25-319), considering factors like the length of the marriage and financial needs.
Child Custody and Parenting Plans
Child custody decisions are guided by ARS § 25-403, which focuses on the child’s best interests. Parents are required to submit a parenting plan (ARS § 25-403.02), detailing schedules, decision-making authority, and other considerations.
Child and Spousal Support
Support orders ensure children and spouses receive the financial assistance they need. Child support is calculated under ARS § 25-320, while spousal support is determined based on factors like earning potential and contributions during the marriage (ARS § 25-319).
Each case is unique, but all follow the same goal: fairness and protecting the family’s well-being.
Courtroom Etiquette and Expectations
How to Behave in Court
Your behavior in the courtroom matters. Address the judge as “Your Honor,” speak clearly, and remain respectful at all times. Avoid interrupting others, including the opposing party, and follow the judge’s instructions.
Who’s in the Courtroom?
The courtroom typically includes the judge, a court reporter, a deputy clerk, and sometimes the opposing party and their attorney. The court reporter records every word, so speak clearly and avoid mumbling.
The deputy clerk helps manage filings and ensures proceedings run smoothly. Arrive prepared and ensure your documents have been filed correctly before entering the courtroom.
Why Etiquette Matters
Following courtroom procedures can leave a positive impression on the judge and may impact the outcome of your case. Respecting the court system and all its participants is critical.
Post-Court Procedures
Understanding the Court’s Decision
Once a decision is issued, ensure you fully understand the court order. For example, certified copies of custody or support orders may be required to enforce decisions. Failing to comply can result in legal consequences.
Filing Appeals or Modifications
If you disagree with the ruling, you may file an appeal or request modifications. ARS § 25-324 governs appeals, which must demonstrate a legal error during the original case. Similarly, support orders can be modified under ARS § 25-327 if circumstances change.
Next Steps After Court
After the hearing, follow any instructions provided by the judge or clerk. This could include making payments, attending mediation, or filing additional documents. Staying organized is key to meeting these obligations.
Frequently Asked Questions
What Should I Bring to Family Law Court?
Bring certified copies of court orders, financial records, and any documentation relevant to your case. The clerk’s office can help confirm required documents.
Can I Represent Myself?
Yes, but self-represented litigants must familiarize themselves with Arizona’s laws. Consider using self-help resources or seeking legal advice to avoid mistakes.
How Long Will My Case Take?
Timelines vary depending on the complexity of your case. Some disputes are resolved in months, while others may take longer.
What If I Cannot Attend My Court Date?
If you cannot attend, notify the court as soon as possible. According to ARS procedures, you may request the court to reschedule your hearing. Failing to appear without notice could hurt your case or result in a dismissal.
How is Domestic Violence Addressed in Family Law Court?
If domestic violence is alleged, the court may issue an order of protection under ARS § 13-3602. This order can include restrictions on contact or custody arrangements to ensure the safety of those involved.
Can the Court Modify an Existing Support Order?
Yes. Under ARS § 25-327, you can request modifications to child or spousal support if your financial circumstances change. The court will review the request and determine if adjustments are warranted.
What Happens if the Opposing Party Fails to Comply with a Court Order?
If the opposing party doesn’t comply, you can file a petition to enforce the court order. The court may take additional actions, such as imposing penalties, to ensure compliance.
Is Mediation Mandatory in All Family Law Cases?
No. Mediation is typically recommended or ordered for disputes involving child custody or support but may not apply to all cases. ARS § 25-317 outlines when mediation may be appropriate.
Can Grandparents or Other Relatives File for Custody?
Yes. Under ARS § 25-409, grandparents or other relatives may file for custody if they meet specific requirements, such as proving it is in the child’s best interests.
CHM Law Can Help With Your Family Court Case
Family law issues can feel overwhelming, but CHM Law is here to help. Whether you’re dealing with child custody, child support, or divorce, our experienced team can guide you through Arizona’s family court system.
Please call us today or visit our Contact Us page to schedule a consultation. Let us help you take the next step toward resolution.
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Below are just a few of what our clients have to say!
“He was the light at the end of a very dark tunnel!”
If I could give 100 stars I would. Henry is the best family lawyer around! He fought for me with everything he had and above all with compassion. My child support case has been lingering for almost 3 decades and Henry Alzate managed to get it dismissed and get justice. I highly recommend Henry when you feel there is no hope! He was the light at the end of a very dark tunnel! Bravo my friend! You are my hero!
Bill Asimakis - Google Review
“I felt secure and protected the whole time”
I just went through 4 of the worst years of my life. Over half of which was spent in a prolonged divorce. It didn’t have to take over 2 years, but that was my fault. I’m not the easiest client to have, but somehow, Darin Colburn handled me and my toxic marriage with absolute perfection. Darin was very professional, tolerant, understanding, and knowledgeable while delivering the best possible results imagined. Mr. Colburn was there for me every step of the way. I felt secure and protected the whole time. I don’t think my case could have been any smoother had I hired anyone else. In the end and along the way, Darin earned every penny plus my respect and appreciation. If I ever need legal representation again, I will look no further than Darin Colburn. Thank you, Darin!
Az Aces- Google Review
“I highly recommend them for your legal needs”
It has been an absolute relief dealing with the legal issue with Colburn Hintze Maletta PLLC behind my case. I have dealt with other law firms in the past but there is no comparison. CHM Law firm has not only demonstrated the commitment they have made to me by addressing absolutely all my concerns, but they show a deep understanding of the law having achieved the best results in my case taking the heavy burden off of my shoulders. There is no question about it. I recommend CHM for your legal needs.
Isabelle M - Google Review
“He is a very fine, experienced, and capable defense attorney”
David Maletta is a very fine, experienced, and capable defense attorney. He successfully defended 2 members of our family in the last 2 years, with very favorable outcomes. He is an excellent communicator who pays attention to detail and explains things well. Despite being a tough adversary in court, he is a kind and caring human being. We highly recommend him.
Stan- Avvo Review
“Helped me get the settlement I felt I deserved”
Jessica H. and Juanita P. helped me get the settlement I felt I deserved. They will go to the mat for you to win!
Michael Carlson - Google Review
“He not only fought for me, and he also gave me the confidence”
From the start, working with David Maletta and his team of professionals, I was quickly put at ease. I was accused of a felony charge for speeding. I asked my most trusted professionals who they knew, and David Maletta was their number one choice. David not only fought for me, but he gave me the confidence I needed to worry less about the accusation, allowing me to focus on my home and work life.
J - Avvo Review
“I will, without hesitation, seek his counsel in the future if there is ever a need”
In a time of panic, Mr. Hintze proved to be invaluable I recently was denied a level one fingerprint clearance card through the Arizona Department of Public Safety as a result of a misdemeanor charge that occurred 16 years ago in my youth. This fingerprint card was the only thing standing between me and my ability to attend Arizona State University’s Edison College of Nursing. When I explained the details of my denial he immediately devised and executed a plan that ultimately resulted in me being awarded my fingerprint clearance card. Mr. Hintze’s confidence and steady demeaner brought a sense of relief to me, as I knew from the first conversation we had that his steadfast ability to navigate toward a productive resolution would be instrumental in my success. I appreciate Mr. Hintze beyond words and I will, without hesitation, seek his counsel in the future if there is ever a need.
Amanda - Avvo Review
“She was amazing!”
Jessica was our lawyer and she was amazing! She was very thorough took her time, and paid attention to detail. She was super kind and friendly, I would absolutely recommend checking her out! We paid her to get a job done and she delivered!! Tim did our consultation and is amazing as well! I would highly recommend this law firm if you are in need of services they are all professional and mean business! Thank you Jessica for being so patient with us!
Kim Mois - Google Review
“He is the best he got all the charges dropped”
I was assaulted by two drunk bigots who threw anti semitic slurs at me outside of my favorite restaurant. Im 5’8 158 pounds the main guy “William” who assaulted me is 6’2 205 pounds and tattooed up but falsely claimed I hit him so hard his face was swollen up to the point where he couldn’t work for a month and was seeking $7348 in damages. A false police report was filed against me and William’s best friend Taylor who also assaulted me corroborated the bs story to the best of his ability. For a while I lost my faith in humanity because I was being charged with assault for self defense by the state of Arizona. Rather than pay off William with a misdemeanor compromise I did something he didn’t expect and hired David. In court David proved to the judge that William and Taylor were lying through cross examination he found four cases where they contradicted each other or changed their stories. David also brought up police body camera footage of a civilian explaining what happened which was a completely different story than what William and Taylor had told police, the look on the prosecutors face was priceless. If found guilty I would have a criminal record for the rest of my life and probably lose my real estate license so it meant the world to me that David got all the charges dropped.
Michael - Avvo Review
“I was impressed with his knowledge and quick response to my needs”
David Maletta is very detailed in his explanation of legal procedures. I was impressed with his knowledge and quick response to my needs. He instantly made me feel at ease. He is very professional, caring, and trustworthy. I highly recommend his services.
Diane Matelich - Google Review
“Excellent service, caring, and a great communication”
Excellent service, caring, and a great communication. Don’t have a lot of experience with law firms, but this has been a very easy process
La Meany - Google Review
“They went to bat for me in what I would call a difficult Judge in a difficult city in a difficult situation”
First I have to say there are no words to say thank you to the team at CHM Law Firm and special thanks to Dave H, Kyle C., And Kiara C for working for me on my case. I am an RN and have had my nursing license since 1994 with no blemishes. I was involved with an incident that happened on Oct 23 and I was charged with an assault and domestic violence! Wow I was horrified, scared, and in shock… felt like my life was ending. I immediately started calling different law firms but none would get back to me in a timely manor except for CHM law firm. They were smart enough to identify my urgency in my time of troubles. I immediately received a call from Dave H who listened to my story of the events that had landed me in my situation. He actually listened and heard and understood the fear of loosing my nursing career. He provided a very impressive history of his experiences and I immediately know CHM would represent me as if they knew me. I was assigned to Kyle and Kiara who went to work right away. It didn’t matter if it was early in the morning or later in the evening, I knew I had a friend I could call. They went to bat for me in what I would call a difficult Judge in a difficult city in a difficult situation. They presented the facts of the case and was able to get my charges dismissed. I can say THANK YOU, Thank you All day and it wouldn’t be enough to express how grateful and blessed to have such caring and concerned people in my corner. thank you CHM TEAM!!
Fran, Emily Gabel - Google Review
“He answered our questions as they came up and helped ease our minds”
David Maletta was very persistent and responsive in representing my 19 yo son in his case. He answered our questions as they came up and helped ease our minds. He never made it feel like we were bothering him. Best of all he was able to get an incredible outcome in his case, much better than I had even hoped. I could not be happier and my son is so relieved and can move on with life. I would recommend David Maletta to anyone needing representation.
Jennifer Ivers - Google Review
“She was knowledgeable and patient but educated as well”
Juanita was absolutely wonderful and a pleasure to meet. She was knowledgeable and patient but educated as well to be more involved and aware of our case. Thank you, Juanita, for being a blessing to us! May God continue to bless you tenfold!
Cassandra Hemphill- Google Review
“They were very professional”
I had a great experience with this law firm, they were very professional from the first touch to the resolution of my case, and fully recommended.
Eduardo Domínguez - Google Review
“He helped me win a case that was not in my favor”
David was an amazing attorney when I needed someone to defend me with my speeding ticket. He helped me win a case that was not in my favor. He knows what he’s doing and takes his time with each case. He is so experienced and could probably help with just about any issue. 10/10 Recommend
Afton Maxner - Google Review
“She was truly amazing, very helpful, and extremely friendly”
Juanita was truly amazing, very helpful, and extremely friendly. Definitely, someone you want to have an interaction with, she is definitely on your side! Thank you so much Juanita you are amazing!
Daisy Martinez - Google Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“The best dou I could ask for”
Alysa m. Hudson and Jessica Hernandez were the best dou I could ask for and all the help from everyone else that was used on the legal team so many ppl helped bring everything needed together they had so much to deal with they handled everything like the champion team they are
Dyllan Burton - Google Review
“We are incredibly grateful for all of his help and support”
I cannot recommend Henry Alzate highly enough for anyone seeking a family attorney. From our first consultation, it was clear that Henry is not only highly knowledgeable but also deeply compassionate. He took the time to understand the complexities of our situation and provided clear, practical advice every step of the way, our case was a nightmare and he never failed to reassure us that he had this handled. He demonstrated exceptional skill in handling our case, always keeping us informed and involved. Their professionalism, dedication, and attention to detail are truly impressive. Whether it was negotiating settlements with the other party or representing us in court, Henry was always prepared and tenacious, fighting for the best possible outcome for our family. Beyond their legal expertise, Henry offered emotional support and guidance during a VERY stressful time. They treated us with respect and empathy, making us feel valued and understood. If you need a family attorney who combines legal acumen with genuine care for their clients, look no further than Henry Alzate. We are incredibly grateful for all of his help and support. Thank you Henry for making a difficult process much more manageable and for achieving such a positive result for our family!! Also Jenifer was AMAZING too. If we have to go back to court I want them both on my team again.