Frequently Asked Questions How much does it cost?
We offer a reduced rate ½ hour Initial Consultation, for you to interview us, and for us to assess how we can help you, for $100.00; during that Initial Consultation, we will discuss your matter, offer suggestions, and determine if your matter will be an Uncontested Family Law matter (which is generally about 3 hours work, or $750.00 fees), or a Contested matter (where one or more matters are in dispute, and a significant amount of time involved, you can expect an initial retainer amount of $3,500.00 or more, depending on what is involved). During the Initial Consultation, we discuss your matter and your options, so YOU can make a choice that’s right for YOU. For persons who prefer to self-represent and limit their expense for attorney fees, we also provide “pay as you go” unbundled legal services: from one-time advice, to legal document preparation, to consulting and pre-hearing coaching. It’s YOUR life, and YOUR matter, so YOU decide what you need and when. |
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2. Court Costs: Whether you handle your matter on your own, or retain Mr. Goodale, the Clerk of the Court will charge an initial court filing fee. The amount depends on what type of matter you have: generally, $276.00 to file for divorce, $231.00 to respond to a divorce filing, and lesser fees for other matters; these fees change from time to time. For persons totally unable to pay the Clerk’s filing fees, there is an option to have these fees deferred, or waived; if this is of interest to you, be sure to ask during your Initial Consultation. Check out the current Clerk of Court [fees] by clicking here. How long does it take? What is the difference between “Sole” and “Joint” Custody? Glad you asked: the right of “Custody” is the right to make decisions affecting the life of your child(ren). When we speak of "SOLE Custody", it means only that one parent, or the other, has the legal right to make decisions affecting the child(ren)'s live(s); it does NOT mean that the non-custodial parent will not get to see or have parenting time with the child(ren). Our Court will almost always issue orders to ensure that both parents will continue to have frequent and meaningful parenting time with the child(ren), because our Courts regard that as best for the child(ren). When we speak of "Joint Custody", it means that BOTH parents share co-equal legal rights to make decisions affecting the child(ren)'s live(s); it does NOT mean that the child(ren) reside 50% of the time with Mom, and 50% of the time with Dad; it means that BOTH parents will continue to have shared decision making authority in the lives of their child(ren); this shared decision making authority requires the ability to communicate and to co-parent and to resolve disputes as they arise. Our Courts take the position that just because the parents are now terminating the relationship they once had with one another, it does NOT mean that either parent is now terminating their relationship with their child(ren). Unless there is good legal reason NOT to have Joint Legal Custody, most parents these days will end up with Joint LEGAL Custody. When we speak of Joint PHYSICAL Custody, it means that BOTH parents will continue to have shared decision making authority in the lives of their child(ren) AND that the child(ren) will reside 50% of the time with Mom, and 50% of the time with Dad; this is an “equal time share” parenting arrangement. You may want to obtain and read A.R.S. §25-403, the Child Custody Statute (law), which sets forth the factors that are legally important to deciding a contested custody matter. If you have further questions, ask during your Initial Consultation. What about Parenting Time? The Family Law Court wants the children to have frequent and meaningful contact with BOTH parents, unless to do so would prove dangerous or harmful the child(ren). In addition to reading A.R.S. §25-403, the Child Custody Statute (law), which sets forth the factors that are legally important to deciding a contested custody or parenting time matter, you should obtain and read the Model Parenting Time Plans ("MPTP"), paying close attention to the portion(s) which deal specifically with the age(s) of the child(ren) involved. As you read and understand the Child Custody Statute and the MPTP, you will gain understanding of what the Court will consider, how the Court generally handles these matters, and what a reasonable parenting time plan may be. Although your legal matter is not a "game", it has rules, just as any game does: to the extent that you know and follow these "rules", you will have realistic expectations, a better experience, and a more satisfactory outcome. To read the Model Parenting Time Plan has very helpful information to determine what parenting time plan would be best for your child and based on his or her age. What about Child Support? One of the goals of our Family Court is to ensure that children are supported financially and emotionally – financially through child support, and emotionally through frequent and meaningful parenting time with the child(ren). Arizona law provides that BOTH parents have a legal duty to support children born to, or adopted by, them: the primary residential parent provides this support directly, by providing the child(ren) a roof over the child’s head, a place to stay, food, clothing, and the necessities of life; the non-primary parent, or non-custodial parent, provides this support by payment of child support. The amount of child support for YOUR circumstance will depend on both parent’s incomes, the cost of any daycare and healthcare insurance, the amount of parenting time involved, and several other factors. Our Courts use a calculation and a chart to determine what is appropriate, and you can do the same, however, if you do, know this: the Child Support Guidelines and calculator is like any other tool, and you have to know what you’re doing – use it correctly, and you will get realistic results – use it without knowing what you’re doing, and you will not get realistic results. If this is of interest to you, call now for an Initial Consultation. What about Alimony (Spousal Maintenance)? The law provides that parties to a divorce or legal separation should be self-supporting to the extent that they can be. In the event either party is unable to be fully self-supporting, spousal maintenance may be appropriate. (Some states call it "alimony" – in Arizona, the correct term is "Spousal Maintenance.") You may want to obtain and read A.R.S. §25-319, Arizona’s Spousal Maintenance Statute (law), paying close attention to the portion(s) which deal with eligibility for spousal maintenance, and to those many factors that the Court will consider in making a determination of how much per month, and for how long it will be due. As you read and understand the Spousal Maintenance statute, you will see certain provisions which apply to your circumstance, and some which may not apply; you will also gain understanding of the many factors the Court will consider, and you will begin to understand why there is so little predictability of what the outcome of this claim can be: there are so many factors, and nothing to tell you or the Court which factor(s) are most or least important to your particular situation. If this is of interest to you, call now for an Initial Consultation. Where is the Maricopa County Superior Court located? The Maricopa County Superior Court has several locations to serve the public better: one serves the downtown Phoenix area; one serves the East Valley; one serves the NorthWest valley; and another serves the NorthEast valley. For a map, click here. What is a Resolution Management Conference? The purpose of a Resolution Management Conference (“RMC”) is two-fold: first, to assist the Court with case management, to keep cases moving along to final resolution, and second, to assist the parties to identify what matters can be readily agreed upon, and put those agreements on the record, and then determine which are in dispute and how that particular dispute may best be resolved. The concept is to keep these family court matters in a non-adversarial posture as long as possible, based on the premise that parties generally can live better with any solution they come up with between themselves, as opposed to a resolution decreed by a judge who does not know you, and who will not have to live with the results of whatever the final decision is. It is your chance, in a court supervised forum, to reach agreements, or not, as you and the other party choose. What is an Alternative Dispute Resolution (ADR) Conference? The purpose of this Court ordered ADR Settlement Conference is to encourage peaceful settlement of family court cases without resort to trial or contested hearings; it is an alternative to the courtroom process, that helps the parties reach a settlement agreement, without having the judge decide all the issues. It can keep the conflict to a minimum, expedite resolution of issues and bring closure sooner, as compared to going to trial, and is available to you without cost for the assigned pro tem settlement judge. It is designed to be non-confrontational, and is not bound by the formalities of the courtroom. Links:
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