Participating in a divorce case is expensive and it is personally demanding. It is generally in your best financial interest to get into and out of the divorce system as quickly as is possible.
The Siesco Law Office has over 40 years of experience in dealing with family law matters. Marriage and family are the foundations of our society and merit preservation, unless there is no other alternative. We handle high-dollar divorce cases; same sex marriages; pre- and post- nuptial contracts; maternity/paternity proceedings; grandparent visitation matters, and have considerable experience with relocation issues and the Uniform Child Custody and Enforcement Act (A.R.S. 25-1001 et seq.). We emphasize the presentation of appeals of family law cases to the Arizona Court of Appeals.
Both marriage and divorce require careful planning. When you purchase a house you investigate the neighborhood, the local schools, the condition of the structure, crime statistics and the available financing. You should take the same care in considering the termination of your marital relationship as it involves not only your house but also your children, your financial well-being and your future. Be prepared when you speak to us about your case. Know your assets and liabilities and be able to describe them. Gather as much information as possible in anticipation of meeting with us. It is best to keep emotion out of the process and to be firm rather than aggressive and thoughtful as opposed to contentious.
Premarital planning can go a long way in simplifying matters should you feel you must dissolve the marriage. Disputed family matters will cost thousands of dollars. Divorce is a game in which only the two spouses have money on the table and only they are financially diminished by angry and extended litigation. Sometimes the hardline approach is necessary, and we have more than 40 years of success and experience in dealing with those situations and we prosecute them accordingly.
Participating in a divorce case is expensive and it is personally demanding. We have had a Vietnam War soldier as a client who told us that if he had a choice between being in combat again or repeating his divorce experience, he would choose the former. It is generally in your best financial interest to get into and out of the divorce system as quickly as is possible.
Do not jump into a divorce simply because you are angry or hurt. Think about what you are doing and how you will pay your expenses and live while the case moves through the system. What will your financial condition be after the case is concluded? A typical divorce case takes six to twelve months to conclude although some of them last considerably longer. Your assistance in preparing your case will save you money and will allow for an efficient presentation of points important to you. We welcome your input and we ask that you express your concerns and needs to us. We do not avoid our clients and we are available through email and by telephone to discuss things or to listen to your questions.
Litigated parenting cases are rare because the required alternative dispute resolution process (e.g., mediation) often successfully concludes with the parents having joint decision-making authority over their children with essentially equal parenting time. There are exceptions to those norms and it can be, due to unique case circumstances, necessary to contest a spouse's capability as a parent. Arizona's Parents' Bill of Rights (A.R.S. § 1-602) seemingly assures parents of their authority over their children without obstruction or interference by the government although the court system will intervene on behalf of children at risk. We usually advise the resolution of parenting matters by mediation but we are prepared to litigate any case as may be necessary. If you do not settle the parenting question, or any other case issue, a judge, who is a stranger to your affairs, will do it for you and the results can be unexpected.
You will pay your attorney a retainer fee against which you will be billed each month until it is exhausted. Once the retainer fee is gone you may be asked to replenish it, or, alternatively, to pay what has been billed to you for fees and costs in the preceding month. Retainer fees for divorce cases depend upon the community estate, parenting disputes and other issues and generally range between $5,000 and $50,000. These subjects are routinely addressed in divorce cases: the division of property; the valuation of business interests or other assets; the assignment of debt; the determination of separate property versus community property; the valuation and division of deferred compensation benefits; spousal maintenance; child support; and, parenting issues.
You may ask that your spouse be ordered to pay your attorney fees and costs. In a family law case, unlike contract cases, the award of attorney fees and costs to one party from the other party is not based upon winning or losing (A.R.S. § 25-324). The statute provides for the payment of fees based, initially, upon the comparative financial resources of the parties. The idea being that one party should not have an advantage because he or she has more wealth than the other party and consequently should pay all or some portion of the poorer party's attorney fees and costs. There is a second provision in the attorney fee statute which allows the court to award attorney fees to a party if the other spouse has taken unreasonable positions during the proceeding. The award of fees and costs is entirely within the judge's discretion.
The Maricopa County Superior Court “Family Law Division” does its best to handle the thousands of existing domestic relations cases but it is overcome by the needs of the public. In 2017, 36,304 new domestic relations cases were filed in Maricopa County. With 24 judges assigned to the Family Law Division that means each judge was responsible for an average of 1,513 new cases plus a proportionate share of the tens of thousands of pre-existing matters assigned to the judge's particular division. It is anecdotally accepted that each judge in the Family Law Division is responsible for 10,000 cases, although many of those are inactive. The significance of these facts being that alternative means of case resolution should be considered by anyone involved in a family law case in Maricopa County.