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Familial relationships are the foundation of society, but they can be fragile and susceptible to conflict. Sometimes, it's possible to handle familial issues privately without legal intervention. But there are situations where you might require a family lawyer to resolve disputes fairly and preserve family relations.
Most people believe that family law is designed only for divorce cases. This is reinforced by the fact that family law attorneys often refer to themselves as divorce lawyers. However, this area of law encompasses an extended range of legal issues, including spousal support, child custody, child support, division of debts and property, or grandparents' rights. While going through a divorce can be challenging, the result of having your divorce finalized may feel like a breath of fresh air. Unfortunately, for the children, divorce is not as relieving.
If you want to file for divorce, have been served divorce papers, or are struggling with a family law custody battle, you won't want to go through this alone. Having children and seeing them face the divorce process is heartbreaking enough. That's why it's best to seek help from an experienced family law attorney to help you with the process.
When family conflicts arise and can only be settled through legal action, it's vital to engage the services of a trustworthy, compassionate, and experienced attorney. The Law Office of Cosmas Onyia is dedicated to understanding your needs and being your advocate during the most challenging time. We can handle all aspects of family law, from legal separation to divorce or an order of protection.
The legal team of Cosmas Onyia offers assistance and representation in the following practice areas:
Ending your marriage in divorce or separation can lead to long-lasting consequences that burden the entire family. Whether the proceedings are handled amicably or contested, you need a family law attorney who can work towards a peaceful resolution or aggressively defend your rights in court. If you have a large number of assets or debts, have children in common, own a business together, or believe you're entitled to spousal support, schedule a free consultation with Cosmas Onyia.
If you no longer wish to be married, you have two options available: divorce or legal separation. In some instances, an Arizona legal separation is the beginning of the path toward divorce, but in other cases, it's the legal remedy a couple may seek. You and your partner can opt for legal separation while still legally married. If you decide to reconcile, it's easier for one of you to file a request with the court to overturn your original order. There are many reasons why two married individuals would favor legal separation over divorce. The most obvious one is that they aren’t sure if they want to take the final step of divorce. However, there are other practical considerations. For instance, if both spouses are covered by an employer’s benefits, legal separation allows them to continue.
If one of the spouses is sick or hospitalized, the other retains their spousal rights. In some cases, the religion of the married couple prevents them from seeking a divorce. Legal separation allows them to maintain their autonomy while obeying the constraints of religion.
Under Arizona law, when a woman is married, her husband is considered the father. However, an unmarried mother is not obliged by law to include the father's name on the child's birth certificate. If a father wishes to have any rights to see the child, he may need to file a paternity claim with the court. However, if the father denies paternity, a paternity test may be necessary so the mother can seek child support.
Under ARS §25-409, grandparents and great-grandparents' can seek visitation rights when such visitation is in the child’s best interests. Specific qualifications must be met, as the basis for Grandparents' Rights are for the child’s best interests. Grandparents work with the Law Office of Cosmas Onyia to protect their children's rights to have a relationship.
Facing a divorce is difficult and time-consuming, but having a minor child may further complicate things. The child's health and well-being must always be a top priority. Before beginning the child custody process, it's best to submit a written parenting plan to a judge.Arizona law distinguishes between physical custody and legal custody. Physical child custody refers to the residence where the child resides. Whereas, legal custody refers to decision-making authority over a child or children. Both parents may also share joint custody or joint legal decision-making authority over their children.
Legal custody refers to the power to make important decisions about the child: where they will attend school, whether they will attend church and where, which doctors they will see, etc. As is the case with physical custody, a parent can have sole legal custody, or they can share legal custody. With joint legal custody, child custody lawyers recommend having a way to determine differences when it comes to decisions where both parents have different opinions.
The child custody attorneys at the Law Office at Cosmas Onyia can help you draft the agreement and iron out any potential disagreements.
Visitation and parenting rights dictate how much time you can spend with your child. Whether the issues are related to time or other significant factors, our family law attorneys will work with you to resolve any of the matters in a way that preserves your children's best interests. Such a legal plan can also spell out details such as when, where, and with whom.
When determining child support, a court can consider each parent's income, parenting time arrangements, education, health, or medical expenses, or whether a parent is paying spousal maintenance to the other. If you pay or receive child support, the Phoenix child support lawyers at the Law Office of Cosmas Onyia can advise and guide you through initiating, modifying, or challenging a child support order.
Spousal support or alimony is often a pivotal issue in a divorce proceeding. Some factors determining spousal support include the length of the marriage, income and property of each spouse, both parties' present and future earning capacity, and a spouse's need for education to make a living. Cosmas Onyia can cater to all your needs and deal with complex family dynamics, ensuring you are served justice.
Arizona is known as a community property state, meaning there might be two different types of property: community property and separate property. Indeed, community property states usually result in an equal division of property acquired during the marriage. However, here at the Law Office of Cosmas Onyia, we know it's not always the case. Rather than being divided equally in half, most properties are ultimately divided based on equity and fairness.
With only a few exceptions, debts are divided equally between spouses during an Arizona divorce. The property is considered jointly owned even if a spouse has not worked during the marriage. The same goes for debts incurred during the marriage. If you are seeking a divorce and want justice and fairness to prevail in the outcome, don't hesitate to contact the experienced Phoenix Debt Division Attorney at the Law Office of Cosmas Onyia.
A Phoenix order of protection is an ordered legal document prohibiting a person from contacting the protected party. An order of protection can be requested when one of the parties has been physically/psychologically threatened or abused by the defendant. Orders of protection have been designed to prevent future potential harassment or violence.
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Cosmas Onyia, P.C. is a family law firm helping clients resolve their family law matters since 1996. Attorney Cosmas Onyia has over 25 years of experience representing clients and aggressively fighting for their rights inside and outside the courtroom. He profoundly understands family law and how it can impact his clients’ most private and sensitive issues. That is why Cosmas Onyia approaches each case with compassionate understanding.
Here at Cosmas Onyia, P.C., we believe that each client is unique; that's why we provide personalized solutions that'll tailor to your needs. Mr. Onyia takes the time to listen to your expectations and goals to determine the best plan of action in your case while working hard to defend your legal rights in negotiations and court.
The duration of the finalization of the divorce varies from case to case. Arizona divorce proceedings have a 60-day cooling-off period, which starts when serving a divorce petition to the other spouse.
When a divorce petition is filed by one spouse and the parties don’t have disagreements on any issues, the court generally announces a decree after a cooling-off period. However, if you have a conflict with your spouse on crucial issues like child custody and division of assets, the finalization time increases. The duration will depend on the complexity of those issues.
You must have lived in Arizona for at least 90 days to file for divorce as per section 25-312(A)(1) of the Arizona Revised Statutes.
Arizona courts don't favor a parent based on gender when determining child custody. Arizona Revised Statute Section 403.02(B) states that the court shall not give preference to a proposed plan due to the gender of a parent.
The courts serve the best interests of the child. Therefore, they only consider factors that may benefit the child. Some of these factors include:
Arizona courts consider a child's wishes about their living arrangements if they are mature and of a suitable age. But, this is not the sole factor they consider when determining living arrangements. So, where your child will live depends on the facts of your case.
Arizona is a no-fault state; therefore, you don’t need specific grounds to file for divorce. You only need to state that your marriage is irretrievably broken, and there is no hope of reconciliation. You don’t need to prove the fault of your spouse to file for divorce.
However, if you have a covenant marriage, you must establish a specific ground for divorce. You must either both agree to divorce or prove in a court that the other spouse has committed one of the following acts:
Whether you plan to file for a contested divorce or an uncontested divorce, the assistance of an experienced divorce attorney is advisable.
If your marriage has conflicts, you may not be able to negotiate your fair share due to your history with your spouse.
However, in an uncontested divorce, you may have difficulty dividing marital assets fairly and handling all the legal paperwork.
The duration of the finalization of the divorce varies from case to case. Arizona divorce proceedings have a 60-day cooling-off period, which starts when serving a divorce petition to the other spouse.
When a divorce petition is filed by one spouse and the parties don’t have disagreements on any issues, the court generally announces a decree after a cooling-off period. However, if you have a conflict with your spouse on crucial issues like child custody and division of assets, the finalization time increases. The duration will depend on the complexity of those issues.
The family law attorneys at the Law Office Of Cosmas Onyia are dedicated and committed to helping clients with their complex family law matters. For over twenty years, we have helped people negotiate child support, child custody, visitation agreements, protection orders, and resolve property division and debts.
When you contact our family law firm, you will find a team that aims to find the ideal solutions to accomplish your goals. You can rest assured that we will assert your interests and help you start a new life. If you need help with your divorce or family law matters, please get in touch with the Law Office Of Cosmas Onyia in Phoenix, AZ. Call us to schedule your free initial consultation at 602-265-5200, and let us protect your interests.
Cosmas Onyia, P.C. is a family law firm helping clients resolve their family law matters since 1996. Attorney Cosmas Onyia has over 25 years of experience representing clients and aggressively fighting for their rights inside and outside the courtroom. He profoundly understands family law and how it can impact your well-being.
Here at Cosmas Onyia, P.C., we believe that each client is unique; that's why we provide personalized solutions that are tailored to your needs. Mr. Onyia takes the time to listen to your expectations and goals to determine the best plan of action in your case while working hard to defend your legal rights in negotiations and court.
