Tips from Chandler family law attorney

Deciding to end a marriage is one of the most difficult and life-altering decisions a couple can face—something many Arizona couples encounter each year. However, divorce, also known as the dissolution of marriage, isn’t the only option available. If you’re unsure about taking that final step, legal separation offers a practical and flexible alternative. It provides the space and structure you need while allowing you to maintain your marital status. Unlike divorce, legal separation does not officially end the marriage. Still, it allows you and your spouse to live apart and legally address important matters such as finances, property division, and parenting arrangements under Arizona law.

At Shaffer Family Law, we understand that you don’t want to make a decision you might later regret, yet you also need clear guidance about your options. In fact, many couples use legal separation as a kind of “trial period” before deciding whether to pursue divorce. Additionally, some Arizona couples choose legal separation over divorce for a variety of reasons—including religious beliefs, health insurance concerns, financial advantages, or the hope for reconciliation.

However, when faced with the choice between legal separation and divorce, it’s important to weigh several key factors carefully. In Arizona, both options are available but serve different purposes and come with distinct legal implications. Understanding these differences is essential to making the most informed decision for your future.

Legal Separation vs. Divorce in Arizona: Key Differences You Need to Know

• Marital Status: With a legal separation, you and your spouse remain legally married, despite living apart. A divorce, on the other hand, officially ends the marriage, allowing both individuals to remarry if they choose.
• Reversibility: Divorce is permanent—if a couple reconciles after a divorce, they must remarry to restore their legal relationship. Legal separation, however, can either be converted into a divorce or ended entirely if the couple decides to reconcile and continue their marriage.
• Residency Duration: Arizona requires at least 90 days of residency to file for divorce, whereas legal separation only requires that one spouse be an Arizona resident at the time the separation petition is filed.
• Mutual Agreement: Legal separation requires both spouses to agree to the arrangement. If one spouse opposes, the court may move forward with a divorce instead. By contrast, only one spouse needs to file for divorce, provided the court finds the marriage irretrievably broken.
• Health Insurance & Benefits: In some cases, a legally separated spouse may remain on the other’s health insurance plan. Divorce typically terminates this coverage and other spousal benefits.
• Financial Considerations: Legal separation may preserve certain financial benefits, such as tax filing status or retirement plan access. Divorce legally separates all financial ties and may impact taxes, estate planning, and benefits.
• Division of Assets and Debts: Divorce in Arizona finalizes a legally binding division of all assets and debts. By comparison, legally separated spouses maintain equal ownership of community property and share responsibility for debts incurred during the marriage. Debts accumulated after separation are typically the individual responsibility of each spouse.

Get Expert Legal Separation and Divorce Assistance in Arizona at Shaffer Family Law

In Arizona, filing for legal separation closely mirrors the divorce process. Instead of submitting a Petition for Dissolution of Marriage, you file a Petition for Legal Separation, which formalizes the terms of your separation while keeping the marriage legally intact. Both processes involve court filings, serving your spouse, and resolving key issues such as property division, child custody, and support. Check out our blog for detailed instructions on the filing process.

Whether legal separation or divorce is the right path for you, Shaffer Family Law is here to provide expert support and guidance every step of the way. Each path carries unique legal, financial, and emotional considerations. With so much at stake, trust Shaffer Family Law in Arizona to manage your case with the care and experience it deserves. Call (480) 470-3030 today or request an appointment online today and take the first step toward a brighter future.

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Divorce is challenging—but when a business is part of the equation, the stakes are even higher. For many Americans, owning a business isn’t just a job—it’s a dream built on vision, sacrifice, and years of relentless effort. Whether it’s a neighborhood bakery, a pet supply store, a restaurant, or a thriving dental practice, protecting what you’ve built during a divorce demands careful planning and experienced support.

For many business owners, their company is their most valuable asset. In Arizona, a state of community property, assets and income acquired by either spouse during the marriage are generally considered joint property. However, the distinction between personal and business assets is not always clear-cut. Even if one spouse had no direct role in the business, their contributions—such as managing household responsibilities or offering ongoing emotional support—can still create a claim to the business’s value.

If you’re a business owner facing divorce in Arizona, the future of your company could be on the line. At Shaffer Family Law, we understand the complexities involved and are committed to helping you protect what you’ve built. Knowing how to safeguard your assets—especially your business—is crucial when navigating a divorce in Arizona. Here are some effective ways to start protecting your business today.

• Sign a Formal Agreement: If you’re not yet married, a pre-nuptial agreement allows you and your future spouse to clearly define which assets—including your business—will remain separate in the event of divorce. If you’re already married, a post-nuptial agreement can serve a similar purpose.
• Separate or Community Property: Determine if your business is separate or community property. While a business founded before marriage usually starts as separate property, if it grows significantly during the marriage or marital funds and efforts are used, it can convert to community property and be subject to division.
• Gather Financial Documentation: Maintain detailed records—such as tax returns, balance sheets, account statements, and profit and loss reports—to help assess your business’s value and clarify whether it’s separate or community property.
• Avoid Using Marital Funds: Keep a clear separation between personal and business expenses to protect your business as separate property.
• Get a Professional Business Valuation: You and your spouse may have differing views on your business’s worth. Hiring a neutral third-party valuation expert provides an objective assessment, helping ensure any division is based on accurate, fair numbers.
• Pay Fair Salaries: If you or your spouse work in the business, make sure both receive competitive, market-rate pay. This helps prevent claims of unpaid marital income and reduces the risk of disputes over business ownership shares.
• Work with a Divorce Attorney: Dividing a business in divorce is complex—and not every attorney is equipped for it. Partner with a legal team like Shaffer Family Law that focuses on Arizona family law and has the experience to protect your business assets every step of the way.

Protect Your Business and Assets During Divorce with Trusted Arizona Attorneys at Shaffer Family Law

Protecting your business in divorce takes more than good intentions—it takes strategy. As you’ve seen, when a business is involved, divorce becomes far more complex. Taking proactive steps now can make all the difference in safeguarding your livelihood and ensuring a smoother process.

Dividing a business in divorce is rarely straightforward. It’s one of the most complex—and contested—assets to untangle. Without the right legal strategy, you could be forced to buy out your spouse, sell the business, or surrender other valuable assets just to keep what you’ve built. At Shaffer Family Law, we help Arizona business owners take control of the outcome. Whether you’re seeking a fair division or aiming to prove your spouse isn’t entitled to a share, our attorneys are ready to fight for you—through strategic negotiation or aggressive litigation. Call (480) 470-3030 today or schedule your consultation online. Your business deserves strong protection—and we’re here to deliver it.

Sources:

https://www.entrepreneur.com/starting-a-business/how-to-divorce-proof-your-company/220124

https://www.forbes.com/sites/frawleypollock/2019/02/19/everything-you-need-to-know-about-protecting-your-business-in-a-divorce/

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Divorce rarely happens overnight. It’s often the result of months or even years of built-up resentment, unresolved conflict, financial pressure, and emotional disconnect. For families, summer offers a natural pause in the usual routine, but for parents who are already struggling in their marriage, it can become a make-or-break season.

Parents often view summer as an opportunity to reconnect as a family, and for good reason. It’s a season full of anticipation, with vacations, theme parks, road trips, and visits with extended family. The slower pace and extra time together promise fun and meaningful bonding.

Unfortunately, for some couples, the stress doesn’t ease during summer—it often intensifies. With more time spent together, fewer distractions, and the pressure to create picture-perfect memories, unresolved issues can quickly surface. Instead of bringing families closer, summer can reveal just how far apart some couples have grown.

At Shaffer Family Law, we’re here to guide you through your legal options and support you every step of the way. If you’re facing challenges in your marriage this summer, know that you’re not alone. Studies show that divorce rates consistently peak in August.

Why Divorce Rates Increase at the End of Summer

• Consideration for Their Children: Many couples delay divorce to protect their children’s stability, often waiting until the children finish school or leave for college. This helps minimize disruptions during the school year and provides children with time to adjust before the new academic term begins.
• More Time Together: While summer is often seen as a time for family bonding, spending extended periods together without the usual breaks can sometimes cause the qualities you once admired in your partner to become sources of irritation.
• Falling Short of Expectations: When a much-anticipated vacation doesn’t live up to the promise, the resulting disappointment and frustration can widen the distance between partners.
• Financial Strain: The vacation you hoped would help heal your relationship can sometimes have the opposite effect, especially when finances are already tight. Financial challenges can push stress to the breaking point, intensifying tension and deepening existing conflicts.
• Time for Reflection: Summer gives you a chance to catch your breath and reset. With more time for yourself, you might start questioning if this relationship is really what you want, which can lead to some tough but necessary conversations about your future together.
• Infidelity: This is the opposite of spending quality time together. Yet, during the warm, carefree months—whether taking time off work, traveling for business, or on vacation—the likelihood of meeting someone new can sneak up on you.

Navigate Your Summer Divorce with Shaffer Family Law by Your Side

While it’s true that divorce filings often increase in August, the reality is there’s never a perfect time to end a marriage. It’s completely natural to want to stick it out and hope things will get better, but sometimes, staying in a broken relationship can do more harm than good. Persistent tension, ongoing conflict, and emotional stress take a significant toll, especially on children. In many cases, divorce can pave the way for a healthier, more stable environment for everyone involved.

At Shaffer Family Law, we understand how difficult and emotional these decisions can be. Whether you’re preparing to file for divorce this summer or just considering your options, our experienced family law attorneys are here to help. We’re equipped to handle every aspect of the divorce process—from providing clear answers to your questions to advocating for your rights—so you can confidently move forward in your new chapter.

Contact us at (480) 470-3030 or request an appointment online to learn how we can help you navigate this challenging time and work toward a positive outcome.

Sources:

https://www.washington.edu/news/2016/08/21/is-divorce-seasonal-uw-research-shows-biannual-spike-in-divorce-filings/

https://www.businessinsider.com/why-divorce-rates-peak-in-august-2019-8

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Divorce brings many changes, but one thing remains constant—you are still a parent. As difficult as this transition may be, your presence and role in your child’s life remain as important as ever. Regardless of how your relationship ended, your child’s well-being should stay at the center of every decision you make moving forward.

Navigating custody arrangements in Arizona can feel overwhelming, especially when emotions are running high, and the future seems uncertain. However, understanding the process empowers you to make informed decisions that truly support your child’s best interests. Whenever possible, Arizona courts encourage parents to reach a custody agreement on their own. Reaching an agreement outside of court gives you more control over the outcome and can help reduce conflict during an already emotional time.

Knowledge is power—especially when navigating legal matters involving your child. That’s why having trusted support by your side is so important. At Shaffer Family Law in Arizona, we understand the complexities of custody cases and prioritize your child’s well-being while helping your family achieve stability and peace of mind.

Understanding Child Custody Arrangements in Arizona

• Types of Custody Arrangements: In Arizona, child custody is divided into two key areas: legal decision-making, which involves major decisions about the child’s education, healthcare, and other important matters, and parenting time, which determines where the child lives and outlines their daily schedule.
• Joint or Sole Legal Decision-Making: Parents can either share the authority to make important decisions for their child (joint), or one parent may be granted the exclusive right to decide (sole). In sole legal decision-making, although both parents can discuss important issues, the parent granted sole legal decision-making has the final authority if disagreements arise.
• Parenting Time: This refers to the schedule that determines when a child spends time with each parent. While children often live primarily with one parent, Arizona courts prioritize ensuring regular, meaningful, and ongoing contact with both parents—unless there are concerns for the child’s safety or well-being.
• Parenting Plan: When parents agree on custody arrangements, they can submit a parenting plan to the court that outlines legal decision-making, parenting time, holiday schedules, communication guidelines, and dispute-resolution methods. Once approved by a judge, the plan becomes a legally binding court order. Both parents must adhere to its terms, and failure to comply can lead to legal consequences.

Get Trusted Legal Help for Child Custody Matters at Shaffer Family Law

Divorce is challenging, and disagreements over parenting time, legal decision-making, or parenting plans can add significant stress. When parents can’t reach an agreement, the court will intervene and establish a plan focused on the child’s best interests. Factors considered include the child’s relationship with each parent, their adjustment at home and school, any history of abuse or domestic violence, and the child’s preferences if they are mature enough to express them.

Having an experienced attorney means you don’t have to carry the legal weight alone during this emotionally taxing time. At Shaffer Family Law, we’re committed to helping parents across Maricopa County and nearby areas secure custody arrangements that not only protect their parental rights but also place their child’s well-being at the heart of every decision. Whether through negotiation or litigation, we are dedicated to finding lasting solutions that support your family’s future. Call us at (480) 470-3030 or visit our website to schedule your appointment today.

Sometimes, marriages don’t unfold the way we imagined. What once felt full of hope and connection may now feel strained or uncertain. While divorce is often seen as the default path, it’s not the only option. In Arizona, legal separation offers an alternative that allows couples to live apart while remaining legally married. Like divorce, it provides a structured way to address important matters such as child custody, spousal support, and property division —without fully ending the marriage. Since the marriage is not legally dissolved, neither spouse can remarry.

Some couples choose legal separation over divorce for various reasons—often due to religious beliefs, financial considerations, or the hope of reconciliation. It allows them to stay legally married while retaining benefits like health insurance, social security, or military eligibility. Legal separation can also be a practical option for those unsure about divorce, offering time and space to work through issues, especially when children are involved and emotional stability is a priority.

While a legal separation may seem less serious than divorce, both carry significant legal weight. As court-ordered processes, they impose enforceable obligations and responsibilities on both spouses and should not be taken lightly. Having a dedicated divorce lawyer from Shaffer Family Law by your side can make all the difference when navigating legal separation—or simply exploring your options. While the steps outlined here offer a general overview of how to file for legal separation, working with Shaffer Family Law ensures your rights are fully protected throughout the entire process.

• Mutual Agreement for Legal Separation: Unlike divorce, which can be initiated by one spouse, a legal separation requires the agreement of both spouses to proceed.
• Determine Eligibility: To file for legal separation in Arizona, one spouse must live in the state or be stationed here as a servicemember. The couple must be legally married, and either intend to live apart or have an irretrievably broken marriage. If children are involved, they must have lived in Arizona for six months for the court to address custody issues.
• Filing Process: In Arizona, the legal separation process closely follows the steps for divorce. Start by filing a Petition for Legal Separation—choosing the version “with minor children” or “without minor children,” as applicable. If children are involved, additional forms—such as a Parenting Plan and Child Support Worksheet—will be required. All documents must be filed with the Superior Court in the county where either spouse resides.
• Serve Your Spouse: After filing, the petitioner must legally serve the documents to the other spouse. Once served, the respondent has the opportunity to file a response with the court.
• Finalize the Separation: If both parties agree to the legal separation, they will negotiate a settlement covering key issues such as property division, child custody, spousal maintenance, visitation and parenting time, and child support.

Navigate Legal Separation with Expert Guidance from Shaffer Family Law in Arizona

In Arizona, couples have the legal option to pursue a separation without immediately dissolving their marriage. However, if one spouse objects—and either party meets the residency requirement for divorce—the court may convert the separation into a divorce proceeding. Even when both spouses initially agree to separate, the legal separation can be changed into a divorce at a later time if circumstances change.

Deciding between legal separation and divorce can be overwhelming—but you don’t have to navigate it alone. At Shaffer Family Law, we provide the trusted legal support you need to move forward with confidence. Our experienced team will manage all the paperwork, communicate with the other party on your behalf, and represent you in court if necessary.

Your future matters. Let us help you make informed decisions that protect your rights and peace of mind. Call us today at (480) 470-3030 today to request your consultation online.

Sources:

https://superiorcourt.maricopa.gov/media/e5pon2bh/drlsa1z.pdf

Dating as a divorced parent comes with unique challenges, especially when children are involved. Many struggle with the idea of their parent moving on, and some may even wish for them to remain single. However, putting your happiness on hold indefinitely isn’t fair or realistic. Regardless of past relationships, you deserve the chance to find love again—just like approximately 57% of previously married adults who have remarried.

While remarriage after a divorce is an exciting new beginning, it can also bring unforeseen challenges, particularly when blending families. Emotions such as jealousy, insecurity, or feelings of abandonment may arise—not just in children but in co-parents as well. These feelings can often overshadow the joy of starting a new chapter.

In Arizona, the law places a strong emphasis on maintaining healthy relationships between children and both parents, which can add complexity to the remarriage process. When you and your ex-spouse first developed a parenting plan to establish parenting time (visitation) and legal decision-making (custody) agreements, it was based on the family dynamics and circumstances at the time. But with the introduction of a new spouse, how does remarriage affect your child custody rights and responsibilities in Arizona? Here’s how remarriage can influence custody decisions.

Remarriage and Its Effect on Child Custody Agreements

• Changes in Living Arrangements: Remarriage may come with a desire to relocate, but if the move conflicts with your parenting plan or county guidelines, it could affect your custody arrangements.
• Child’s Well-Being and Adjustment: If the child struggles mentally or emotionally with the new family dynamic, it may signal to the court that the current custody arrangement is not meeting the child’s needs.
• Parental Alienation or Conflict: Courts prioritize maintaining strong relationships with both parents. If a parent or their new spouse interferes with co-parenting or undermines the other parent’s role, the court may modify custody to safeguard the child’s bond with both parents.
• Influence of the New Spouse: Custody may be affected if the new spouse creates an unsafe environment for the child. A history of substance abuse, criminal activity, or neglect may prompt the court to reevaluate custody to ensure the child’s safety.
• Modification of Parenting Time: If remarriage introduces new commitments, increased travel, or other logistical challenges that affect the current parenting schedule, the court may adjust custody and visitation arrangements.
• Financial Impact of Remarriage: Although remarriage itself does not directly alter child support obligations, significant financial changes—such as a parent’s ability to provide a stable home—may influence custody decisions.

Navigate the Complexities of Child Custody and Remarriage with Expert Legal Support from Shaffer Family Law

At Shaffer Family Law, we are dedicated to guiding individuals and families through the complexities of remarriage after divorce. While remarriage doesn’t automatically change child custody arrangements, it can influence existing agreements, both directly and indirectly. Courts prioritize the child’s best interests when reviewing custody modifications. If a judge determines that your new spouse, family dynamic, or living situation is negatively affecting your child’s well-being, your custody arrangement may be reassessed and modified accordingly.

Whether you’re pursuing a custody modification or contesting one, our experienced attorneys are dedicated to safeguarding your rights and ensuring the best possible outcome for you and your child. Call (480) 470-3030 today to schedule a consultation or book online to speak with a member of our team.

Life rarely stays the same—and even the most carefully crafted plans can be disrupted by unexpected changes. When divorce is first finalized, the initial child support arrangement may fit your family’s needs. But over time, circumstances shift, and so do the needs of your children.

As children grow, their financial, emotional, and educational requirements often increase. At the same time, changes in employment, income, or living arrangements may affect a parent’s ability to uphold the original terms of the support order. That’s why Arizona law allows parents to request child support modifications—to ensure your agreement reflects your current situation, not just what was true at the time of divorce.

At Shaffer Family Law, we understand that your child’s well-being is your number one priority—and it’s ours too. If you’re facing a major life transition or your child’s needs have evolved, it may be the right time to modify your existing child support order. A properly adjusted agreement helps maintain fairness for both parents while continuing to meet your child’s best interests. With our knowledgeable support, you can approach the modification process with clarity and confidence.

Top Reasons to Modify a Child Support Order in Arizona

To request a modification of a child support order in Arizona, a parent must demonstrate that a material change in circumstances has occurred since the original order was issued. Some of the most common reasons parents seek a child support modification include:

• Change in Income: A significant shift in either parent’s income—whether from job loss, illness, disability, or other unforeseen financial changes—may warrant a child support modification.
• Changes in Parenting Time: Child support is based partly on how much time each parent spends with the child. If your parenting time increases, you may owe less. If it decreases, your payments could go up. A custody change may justify modifying your support order.
• Changes in Child’s Needs: As children grow, so do their expenses. Rising education costs, increased healthcare, extracurricular activities, and daycare are just a few examples of evolving needs. Updating your support agreement is essential for ensuring their continued well-being.
• Parent Has Another Child: While remarriage alone doesn’t affect child support, having a new child may. If a parent now supports another child, the court may consider adjusting the existing support order to ensure all children’s needs are fairly met.
• Incarceration: If the paying parent is incarcerated, it may be grounds for modifying child support. The court will consider whether the incarceration significantly impacts the parent’s ability to pay and if the change is substantial and long-term.

Get Professional Legal Assistance for Your Child Support Modification at Shaffer Family Law

In Arizona, a child support order can only be modified if there is a substantial and continuing change in circumstances. This means the change must be significant enough to impact the existing order and must be ongoing, not just a temporary shift.

Under Arizona’s child support guidelines, a modification is generally justified if there’s a 15% or greater difference between the current support amount and the recalculated amount based on updated financial information. If this threshold is met, you may qualify for the simplified modification process, which is faster, less formal, and does not require a court hearing. However, if your case doesn’t qualify for the simplified route, you’ll need to go through the standard modification process. This involves submitting updated financial documents, formally serving the other parent, and attending a court hearing.

Navigating a child support modification can be complex, but you don’t have to do it alone. At Shaffer Family Law, we provide trusted guidance every step of the way—from evaluating your eligibility to filing the necessary forms and representing you in court if needed. Reach out to us today at (480) 470-3030 or schedule your consultation online today and let us assist you in achieving a fair and favorable outcome.

Sources:
https://www.ourfamilywizard.com/blog/reasons-child-support-modifications-increasing-decreasing-ceasing-payments
https://www.nolo.com/legal-encyclopedia/change-child-support-order-29956.html

Divorce is often seen as a simple matter of signing papers and moving on, but in reality, it is far more complicated. While some couples separate amicably, most face a challenging and ongoing process filled with legal, financial, and emotional hurdles. Beyond the paperwork, critical decisions must be made about parenting time, child support, property division, and alimony —decisions that will have a lasting impact on your future. This is where mediation or litigation comes in, offering a path to resolve differences and reach a fair resolution.

Mediation and litigation both serve the same purpose, but they are approached in vastly different ways. In mediation, a neutral third party helps couples negotiate terms and find mutually agreeable solutions through constructive dialogue. On the other hand, litigated or contested divorces involve resolving issues through the court system, where a judge has the final say on the terms of the divorce.

At Shaffer Family Law, we understand that overcoming past grievances, hurt, anger, and betrayal to reach an agreement can be incredibly difficult. While a mediator helps facilitate the settlement process, they are not there to represent your interests. Our experienced attorneys are here to provide the support, legal guidance, and advocacy you need to protect your rights and achieve the best possible outcome.

Is Mediation or Litigation the Right Choice for Your Divorce?

Choosing between mediation and litigation depends on your unique circumstances and priorities. Consider the following factors to determine the best approach for your situation:

• Understanding Arizona Laws: In Arizona, mediation is highly recommended for divorce disputes, especially those involving children, and may be required by the court before trial. However, whether mediation is mandatory can vary depending on the specific issues in the divorce and the rules of the county where the case is filed.
• Failure of Mediation: If mediation efforts fail to produce an agreement, litigation becomes the next step to resolve the disputes in court.
• Level of Conflict: Mediation works best for couples who can communicate openly and cooperate, while litigation is often necessary in high-conflict cases where dialogue has broken down.
• Willing to Compromise: Successful mediation hinges on the commitment of all parties to resolve. If one party remains firm on key issues, mediation may fail, making litigation the more viable option.
• Complexity of the Case: In complex divorce cases involving significant assets or contentious custody disputes, litigation is often the most effective path. Mediation, however, is effective for simpler, more straightforward cases.
• Safety Concerns: If domestic violence or abuse is a concern, mediation may not be appropriate. When protecting your children is the primary focus during the divorce, litigation is often the only way to ensure their safety and secure legal protections.

Find the Best Legal Solutions with Shaffer Family Law – Experienced Divorce and Family Law Attorneys You Can Trust

Divorce is a personal and complex journey, and there is no one-size-fits-all solution. While Arizona’s legal system encourages mediation, it’s not always the right choice for everyone. Your unique situation will determine the best approach.

The decisions you make during your divorce will have a profound impact on your life and your family’s future. It’s essential to educate yourself and seek professional guidance to protect your rights and interests. Divorce is challenging, but with the expertise of the attorneys at Shaffer Family Law in Arizona, you will navigate this process with confidence and clarity. Whether through mediation or litigation, we are committed to securing a resolution that allows you to move forward with peace of mind. Call at (480) 470-3030 or schedule your consultation online today.

Sources:

https://azcourthelp.org/browse-by-topic/divorce/divorce-process/divorce-interview/di23
https://www.forbes.com/sites/patriciafersch/2023/11/21/mediation-vs-litigation-when-should-you-mediate-vs-litigate/
https://www.divorcenet.com/resources/divorce-mediation-vs-litigation.html

One of the toughest challenges parents face after divorce is adjusting to less time with their children. While Arizona law prioritizes the best interests of the child and advocates for both parents to share parenting time and legal decision-making responsibilities equally, it’s not uncommon for one parent to seek relocation to another city or state. This decision may be driven by various factors, such as being closer to family, pursuing career opportunities, or seeking better housing or educational options for the child. However, such a move introduces complex legal and emotional challenges that can disrupt custody arrangements and strain the parent-child relationship.

In Arizona, a parent cannot simply relocate with their child out of state or more than 100 miles away from the other parent without meeting specific legal requirements. However, there are exceptions for parents facing unique circumstances such as health, safety, employment, or eviction issues. In these cases, the parent may request a temporary relocation order from the court to address immediate needs.

For all other relocations, the law mandates that the parent planning to move provide written notice to the other parent at least 45 days before the relocation. This notice gives the other parent 30 days to file a petition if they wish to block the move. If an objection is filed, the case will go before a judge, who will assess whether the relocation serves the child’s best interests. The court will carefully evaluate a range of factors to determine the most beneficial arrangement for the child’s well-being.

• The reason for the relocation
• Whether the move is made in good faith or with the intent to disrupt the other parent’s visitation rights
• The chances that the relocating parent will honor the parenting orders after the move
• The child’s wishes, if they are mature enough to express a preference
• Whether the move is motivated by bad faith, such as financial gain or self-interest
• The potential impact of the relocation on the child’s overall well-being and quality of life
• The feasibility of maintaining meaningful parenting time with both parents after the move
• The child’s current, past, and potential future relationship with both parents and how the relocation may impact these bonds

Trust Shaffer Family Law for Expert Legal Guidance on Arizona Child Custody and Relocation

Relocating with your child after a divorce is often a complex and emotionally charged process, especially when the other parent does not consent. During the hearing, both parents will present their evidence, and the judge will evaluate whether the move aligns with the child’s best interests. The burden of proof lies with the relocating parent, who must present compelling testimony and evidence to demonstrate the necessity of the move. If the court approves the relocation, it may result in modifications to the custody arrangement and parenting time schedule, which both parents will be required to follow.

At Shaffer Family Law in Arizona, we know that relocation cases can shape your family’s future. Whether you’re pursuing or contesting a move, our experienced attorneys handle every detail—from filing petitions to presenting a compelling case in court and securing necessary parenting plan modifications. Trust our expertise to navigate the legal complexities and fight for the best outcome for you and your child. Call us at (480) 470-3030 or schedule your appointment online today.

Sources:

https://www.azleg.gov/ars/25/00408.htm

https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html