FAQs

What is family law?

Family law is a legal practice area that deals with matters related to family relationships, such as divorce, child custody, child support, adoption, and more.

How much time do I have to respond once I'm served with papers?

The date papers are served starts the deadline for a response to a petition from your spouse. You have 20 days to file a response under Arizona law before your case could be defaulted and your spouse is awarded everything they asked for in their petition. There's no need to file on your own. Call the Law Office of David B. Higgins PLLC today. We're considered the best divorce lawyer in Phoenix, AZ.

What does the divorce process entail?

The divorce process typically involves filing a petition, serving the other party, negotiation or litigation, division of assets and debts, determination of child custody and visitation, and the finalization of the divorce decree.

How is child custody determined?

Child custody is determined based on the best interests of the child. Factors such as the child's age, parental preferences, living arrangements, and the ability to provide a stable environment are taken into consideration.

At what age does a child decide which parent to live with?

In Arizona, there is no age at which a minor child gets to decide which parent they'll live with. However, children of a certain age can be interviewed to give information to the court. Call the Law Office of David B. Higgins PLLC to learn more about child custody and find out why we're considered the best divorce lawyer in Phoenix, AZ.

How is child support calculated?

Arizona law requires parents to financially support the children they have in common. Child support is a mathematical calculation based on several pieces of information. If you owe child support, you're not alone! We've worked with countless child support cases. According to the U.S. Department of Health and Human Services, $32.7 billion was collected by the child support program in fiscal year 2021 alone. Reach out today to learn why we're considered the best divorce lawyer in Phoenix, AZ.

How long does the divorce process take?

The duration of the divorce process can vary depending on various factors, including the complexity of the case, the level of cooperation between the parties, and the court's caseload. In general, uncontested divorces tend to be quicker and can be finalized within a few months, while contested divorces may take several months or even years to resolve.

Can I get custody of a child and not be the biological parent?

Any person acting as a parent may petition the court for custody of a child when the biological parents are unfit. A party may file a loco parentis petition to get custody of a child they're raising. Contact us today to learn more about child custody and find out why many think of us as the best divorce lawyer in Phoenix, AZ.

Can grandparents seek visitation rights?

In certain circumstances, grandparents may be able to seek visitation rights with their grandchildren. The laws regarding grandparent visitation vary from state to state, and the court typically considers factors such as the child's best interests, the relationship between the grandparent and the child, and the parent's objections to visitation.

What is community property?

Arizona is a community property state. This means all property acquired or debts incurred during the marriage is presumptively community property, meaning the husband and wife each own or owe 50%, according to the Arizona Legislature. Call the best divorce lawyer in Phoenix, AZ today to learn more.

What is separate property?

Separate property is property that was owned before the marriage or through inheritance. All marital property is presumptively community property unless clear and convincing evidence supports that said property belongs to one spouse. Call the Law Office of David B. Higgins PLLC today to learn more about separate property from the best divorce lawyer in Phoenix, AZ.

What factors determine alimony/spousal support?

The determination of alimony or spousal support depends on several factors, including the length of the marriage, the income and earning potential of each spouse, the standard of living during the marriage, and the contributions made by each spouse to the marriage. State laws play a significant role in defining the specific factors and formulas used to calculate spousal support.

How long does an order of protection stay in effect?

Once an order has been served, it will be valid and enforceable for two years from the date it was served. If it's not served, it will expire one year from the date the judge issued it. Call us today to find out more about orders of protection from the best divorce lawyer in Pheonix, AZ.

Can I challenge an order of protection?

Yes. A party may request a hearing on an order of protection or injunction against harassment. The court must set a hearing within 10 days of said request. You don't need to go to this hearing alone! Reach out today for help from the best divorce lawyer in Phoenix, AZ.

What is personal injury law?

Personal injury law deals with legal disputes that arise when one person suffers harm due to the negligence or intentional actions of another party. It covers a wide range of cases, including auto accidents, slip and fall injuries, medical malpractice, and more.

What should I do after an auto accident?

After an auto accident, prioritize your safety and seek medical attention if necessary. Gather information from the other parties involved, take photographs of the accident scene, and report the incident to your insurance company. It's also crucial to consult with a personal injury attorney as soon as possible.

What should I do if I've been injured in a slip and fall accident?

If you've been injured in a slip and fall accident, seek medical attention immediately. Report the incident to the property owner or manager, collect evidence such as photographs and witness statements, and consult with a personal injury attorney to understand your rights and potential for compensation.

What is the statute of limitations for personal injury claims?

The statute of limitations for personal injury claims varies from state to state. In general, it is the time limit within which you must file a lawsuit after suffering an injury. It's important to consult with a personal injury attorney promptly to ensure you meet the specific deadline applicable to your case.

How is compensation determined in a personal injury case?

Compensation in a personal injury case, also known as damages, is determined based on various factors, including the severity of the injuries, medical expenses, lost wages, pain and suffering, and other related losses. Your attorney will assess the specifics of your case and work to pursue fair and just compensation on your behalf.

What should I do if I've been injured due to a defective product?

If you have been injured due to a defective product, it's important to preserve the product and any related evidence. Seek medical attention for your injuries, and consult with a personal injury attorney who can evaluate your case, determine liability, and help you pursue a product liability claim against the responsible parties.

Can I still file a personal injury claim if I was partially at fault for the accident?

In many states, you may still be able to file a personal injury claim even if you were partially at fault for the accident. However, the compensation you receive may be reduced in proportion to your level of fault.