Q & A

Family law is a complex subject, and misinformation about what the law of Arizona does and doesn't allow is widespread. At Nirenstein Garnice, we've received many inquiries over the years from both clients and the general public about divorce, spousal and child support, child custody, guardianships, probate litigation, mental health law and much more. Here are several of the most frequently asked questions, along with our answers.

• Why We're Different
• Q & A
  • Adoption
    • Are any of our adoption expenses tax deductible?
    • Can I choose the parents for my baby?
    • Can I have contact with my baby after the adoption is completed?
    • How much can I find out about the adoptive parents?
    • How much will it cost us to adopt?
    • I have living expenses and no medical insurance. Who will help me with my bills?
    • What assurance do I have that the adoptive couple is suitable adoptive parents?
    • What kinds of adoption does Nirenstein Garnice PLLC handle?
  • Child Custody
    • During our marriage, my wife and I had a three-month trial separation. After we reconciled, she told me she was pregnant. Now that we are getting a divorce, I am starting to wonder if our daughter is mine. Do I have the legal right to find out whether she is my daughter? And if I'm not actually her father, what are the implications in our custody and support negotiations?
    • How is child custody determined?
    • Is the non-custodial parent entitled to visitation with a child that primarily resides with the other parent?
    • What is Conciliation Services?
    • What is joint legal custody?
  • Child Support
    • Every month, my ex-husband is late with his child-support, or the check bounces, or he gives me half the amount saying he'll give me the rest later. I am considering withholding visitation from him until he complies. Do you have any suggestions?
    • How is child support calculated?
    • If we each have the kids 50% of the time, is it true that neither of us will have to pay child support to the other?
  • Divorce
    • Can a participant to a divorce be ordered to pay the opposing party's legal expenses?
    • Can a spouse collect alimony in Arizona?
    • Can I get divorced in Arizona?
    • Can one lawyer represent both my spouse and me? I think it would save us time and money.
    • I have committed adultery. Will my spouse get the lion's share of everything, including property and higher-than-usual child or spousal support?
    • I want a divorce, what do I do first?
    • If I file for divorce, how can I protect certain assets (family heirlooms, etc.) from my ex?
    • My husband and I have decided to divorce after 20 years of marriage, and I'm wondering about our joint finances. When should we separate our joint bank and credit-card accounts? Should I apply for my own credit card? And if one of us were to run up large balances on the joint credit cards, would both of us be responsible for paying them?
    • What are the grounds required for obtaining a divorce in Arizona?
    • What exactly do divorce decrees cover, as far as liabilities for existing debts are concerned?
    • What is a covenant marriage and how does it affect divorce?
    • What is a legal separation? How does it differ from a divorce?
    • What is a premarital or prenuptial Agreement?
    • What is community property? What are community debts?
    • What is the difference between a contested divorce and uncontested divorce?
    • What is the procedure for obtaining a divorce in Arizona?
    • What should I look for in a divorce attorney? How can I be sure that I'm getting the best possible settlement?
  • General
    • How long is the Initial Consultation?
    • What is your hourly rate for attorneys?
  • Mediation & Arbitration
    • Does an attorney play any role in the divorce mediation process?
    • How do you select an arbitrator?
    • How is arbitration different from a trial?
    • How is arbitration different from mediation?
    • How much does a divorce mediator cost?
    • If the arbitrator's decision cannot be appealed, why would anyone use an arbitrator?
    • Is divorce mediation cheaper than going to lawyers?
    • My spouse has suggested that we try mediation instead of taking our divorce to court. Does mediation have any advantages over a traditional litigated divorce? How are my rights protected during mediation?
    • What are the different types of mediation?
    • What are the disadvantages of divorce mediation?
    • What is arbitration?
    • What is divorce mediation?
    • What qualities should I look for in a mediator?
    • When is arbitration useful?
    • Who should use a divorce mediator?
  • Prenuptial & Postnuptial Agreements
    • Do courts uphold prenuptial agreements?
    • Doesn't a prenuptial agreement mean the parties don't trust each other?
    • How does a judge decide whether to uphold a prenuptial agreement?
    • What is a prenuptial agreement?
    • Who uses prenuptial agreements?
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• Careers