Family relationships can play a significant role in society, yet they may be pretty fragile and too often tested by conflict. In some instances, marriage issues can be handled privately and at home. If that's not possible, the practice of family law can restore order and resolve disputes fairly.
Most people believe that family law is designed only for divorce cases. This is reinforced by the fact that a family law attorney will often refer to themself as a divorce lawyer. However, this area of law encompasses an extended range of legal issues, including spousal support, child custody, child support, division of debts and property, or grandparents' rights. While going through a divorce can be challenging, the result of having your divorce finalized may feel like a breath of fresh air. Unfortunately, for the children, divorce is not as relieving.
If you want to file for divorce, have been served divorce papers, or are struggling with a family law custody battle, you won't want to go through this alone. Having children and seeing them face the divorce process is heartbreaking enough. That's why it's best to seek help from an experienced family law attorney to help you with the process.
When family conflicts arise and can only be settled by legal action, it's vital to engage the services of a trustworthy, compassionate, and experienced attorney. The Law Office of Cosmas Onyia is dedicated to understanding your needs and being your advocate during the most challenging time. We can handle all aspects of family law, from legal separation to divorce or order of protection.
The legal team of Cosmas Onyia offers assistance and representation in the following practice areas:
Ending your marriage in divorce or separation can lead to long-lasting consequences that burden the entire family. Whether the proceedings are handled amicably or hotly contested, you need a family law attorney who can work towards a peaceful resolution or aggressively defend your rights in court. Many unhappy spouses opt for a quick “no-fault” divorce because they believe that terminating the marriage is the only thing that matters. However, even what may seem like otherwise simple, divorces can rapidly become complicated. If you have a large number of assets or debt, have children in common, own a business together, or believe that you’re entitled to spousal support, it’s in your best interest to discuss your case with a Phoenix family law attorney like Cosmas Onyia.
If you no longer wish to be married, you have two options available: divorce or legal separation. In some instances, an Arizona legal separation is the beginning of the path toward divorce, but in other cases, it's the legal remedy a couple may seek. You and your partner opt for legal separation while still legally married. If you decide to reconcile, it's easier for one of you to file a request with the court to overturn your original order. There are many reasons why two married individuals would favor legal separation over divorce. The most obvious one is that they aren’t sure if they want to take the final step of divorce. However, there are other practical considerations. For instance, if both spouses are covered under an employer’s benefits, legal separation allows them to continue.
If one of the spouses is sick or hospitalized, the other retains their spousal rights. In some cases, the religion of the married couple prevents them from seeking a divorce. Legal separation allows them to maintain their autonomy while obeying the constraints of religion.
Under Arizona law, when a woman is married, her husband is considered the father. However, an unmarried mother is not obliged by law to include the father's name on the child's birth certificate. If a father wishes to have any rights to see the child, he may need to file a paternity claim with the court. However, if the father denies paternity, a paternity test may be necessary so the mother can seek child support.
Under ARS §25-409, grandparents and great-grandparents' can seek visitation rights when such visitation is in the child’s best interests. Specific qualifications must be met, as the basis for Grandparents' Rights are for the child’s best interests. Grandparents work with the Law Office of Cosmas Onyia to protect their children's rights to have a relationship.
Facing a divorce is difficult and time-consuming, but having a minor child may further complicate things. The child's health and well-being must always be a top priority. Before beginning the child custody process, it's best to submit a written parenting plan to a judge.Arizona law distinguishes between physical custody and legal custody. Physical child custody refers to the residence where the child resides. A parent may have sole legal decision making authority over a child or children, while the other parent may have designated parenting time with the children or child. Both parents may also share joint custody or joint legal decision-making authority over their children.
Legal custody refers to the power to make important decisions about the child: where they will attend school, whether they will attend church and where, which doctors they will see, etc. As is the case with physical custody, a parent can have sole legal custody, or they can share legal custody. With joint legal custody, child custody lawyers recommend having a way to determine differences when it comes to decisions where both parents have different opinions.
The child custody attorneys at the Law Office at Cosmas Onyia can help you draft the agreement and iron out any potential disagreements.
Visitation and parenting rights dictate how much time you can spend with your child. Whether the legal issues are related to the time you will spend with your children or other significant decisions concerning them, our family law attorneys will work with you to resolve any of the matters in a way that preserves your children's best interest. Such a legal plan can also spell out details such as when, where, and with whom.
When determining child support, a court can consider each parent's income, parenting time arrangements, education, health, or medical expenses, or whether a parent is paying spousal maintenance to the other. If you pay or receive child support, the Phoenix child support lawyers at the Law Office of Cosmas Onyia can advise and guide you through initiating, modifying, or challenging a child support order.
Spousal support or alimony is often a pivotal issue in a divorce proceeding. Some factors determining spousal support include the length of the marriage, income and property of each spouse, both parties' present and future earning capacity, and a spouse's need for education to make a living. Cosmas Onyia can cater to all your needs and deal with complex family dynamics, ensuring you are served justice.
Arizona is known as a community property state, meaning there might be two different types of property: community property and separate property. Indeed, community property states usually result in equal division of property acquired during the marriage. However, here at the Law Office of Cosmas Onyia, we know it's not always the case. Rather than being divided equally in half, most properties are ultimately divided based on equity and fairness.
With only a few exceptions, debts are divided equally between spouses during an Arizona divorce. The property is considered jointly owned even if a spouse has not worked during the marriage. The same goes for debts incurred during the marriage. If you are seeking a divorce and want justice and fairness to prevail in the outcome, don't hesitate to contact the experienced Phoenix Debt Division Attorney at the Law Office of Cosmas Onyia.
A Phoenix order of protection is an ordered legal document prohibiting a person from contacting the protected party. An order of protection can be requested when one of the parties has been physically/psychologically threatened or abused by the defendant. Orders of protection have been designed to prevent future potential harassment or violence.
Cosmas Onyia, P.C. is a family law firm helping clients resolve their family law matters since 1996. Attorney Cosmas Onyia has over 25 years of experience representing clients and aggressively fighting for their rights inside and outside the courtroom. He profoundly understands family law and how it can impact his clients’ most private and sensitive issues. That is why Cosmas Onyia approaches each case with compassionate understanding.
Here at Cosmas Onyia, P.C., we believe that each client is unique; that's why we provide personalized solutions that'll tailor to your needs. Mr. Onyia takes the time to listen to your expectations and goals to determine the best plan of action in your case while working hard to defend your legal rights in negotiations and court.
In Arizona, most uncontested divorces can be completed within 75-90 days. On the other hand, contested divorces usually take much longer. The more the two parties disagree on child support, custody, alimony, or property division, the longer it will take to get divorced.
One of the spouses must have been domiciled or resided in Phoenix, AZ, for at least 90 days before filing for divorce. Once you have been in the state for 90 days, you can file your divorce.
The family court does not favor the mother or the father but considers the child's best interest. However, if parents are unmarried, the mother has all parental rights until paternity is established. If the father hasn't signed the birth certificate, he must get a DNA test or submit a notarized statement from both parents confirming his paternity.
Arizona judges are hesitant to place children in the middle of their divorcing parents' conflict. However, at nearly the 12-year-old age range, children can be asked to give input regarding their preference for custody and whether it is ideal. The age can vary from case to case, but in the case of older children, such as teenagers, the child’s wishes are more likely to be considered.
You are able to file for divorce without enlisting a Phoenix family law attorney, but it probably isn’t in your best interest to move forward without a family law attorney. Divorces can be emotionally turbulent ordeals, and most people lack the legal expertise to ensure that their rights are protected. By hiring a family law attorney with years of legal experience, you can have the confidence that all of the legal aspects of your dissolution of marriage are in the hands of a professional.
The state of Arizona only requires that the petitioner claim that the marriage is irretrievably broken and that the two parties have irreconcilable differences. Unlike other states that still have things like adultery, abuse, etc., on the books, this is the only grounds that’s accepted under Arizona family law.
The family law attorneys at the Law Office Of Cosmas Onyia are dedicated and committed to helping clients handle complex family law cases' emotional, financial, and legal aspects. For over twenty years, we have helped people negotiate child support, child custody, visitation agreements, protection orders, and resolving property division and debts.
When you contact our family law firm, you will find a team that aims to find the ideal solutions to accomplish your goals. You can rest assured that we will assert your interest and help you start a new life. If you need help with your divorce or family law matters, please get in touch with the Law Office Of Cosmas Onyia in Phoenix, AZ. Call us to schedule your free initial consultation at 602-265-5200, and let us protect your interests.
Filing divorce in Phoenix, can be a complicated matter, especially if there are assets, property and parenting time that is to be divided amongst the couple filing divorce in Arizona. As an experienced Phoenix divorce lawyer our job is to provide expert advice, and work diligently to protect your interests.
Child custody cases can be emotional for both parties involved. There are different types of child custody that exist in Arizona, our law firm has handled hundreds of child custody cases. Our Phoenix child custody lawyer has handled many cases resulting in favorable outcomes.