Protecting Children During Divorce

The rubric courts use in making decisions regarding child support, custody and visitation is the best interests of the child. Parents are also concerned about the best interests of the child, but in the throes of an emotional divorce, it can sometimes be difficult to determine where those best interests lie. However, there are concrete steps parents can take to help protect their children during divorce.

How Phoenix Family Courts Grant Child Custody

In Phoenix, many child custody disputes between couples who divorce are settled through private agreement. If the parties refuse to compromise, on the other hand, child custody is left for the judge to decide. Now if it seems that your case is heading toward litigation, you may wonder what factors will affect the chances of you gaining custody of your child. Perhaps you’ve heard of courts awarding custody to the party it believes will act in accordance to child’s “best interest”, but what exactly does this mean?

Do You Need to State Your Reason for Divorce?

While determining that you want a divorce is difficult enough, explaining why you want the divorce is so complicated it may keep you awake at night. In many cases, tremendous emotional pain is experienced due to a variety of events that have occurred over a period of years. Even without infidelity or another major issue to blame, many marriages crumble beyond repair. While telling your divorce attorney the details regarding your relationship will help them defend your interests in court and deliver sound legal advice, you aren't required to do so.

The Challenges of a Contested Divorce

An uncontested divorce usually goes smoothly—both parties arrive at the decision and settle amicably, realizing that there’s no reason to prolong the process and endure the stress that court proceedings can bring. On the other hand, a contested divorce can be challenging in many aspects and be physically, financially, and emotionally taxing for both parties. 

A contested divorce arises when either one does not wish to get divorced at all or doesn’t agree with one or more of the petitions of the other. For instance, one of them is asking for full custody and a significant amount of spousal support, while the other wants to share custody and insists that the other party can support himself/herself. Another scenario is when each of them claims full rights to a property.

Divorcing a Covenant Marriage in Phoenix

Arizona maintains a “no-fault” divorce legal requirement provided that your marriage has been “irretrievably broken” and that both parties have agreed on parting ways. A covenant marriage in Arizona, however, has different grounds for divorce.